Statutory guidance

OISC Code of Standards 2016 - Fees & Accounts

Updated 24 April 2024

1. Fees and accounts

58.An organisation which is not required to pay the Commissioner an application fee must not charge clients directly or indirectly a fee for the provision of immigration advice.

59.An organisation that charges for its immigration advice or immigration services must have a fee scale which is agreed by the Commissioner. A copy of this fee scale must be made available to the Commissioner upon request.

60.The Commissioner must be informed in writing if an organisation proposes to change its fee scale and await authorisation from the Commissioner before doing so.

61.An organisation that charges for its immigration advice or immigration services must only charge a reasonable fee that directly relates to the work done. It must not charge a fee for work that is unnecessary or unauthorised by the client.

62.An organisation must submit a written invoice to the client when it requires payment.

63.Where the client has given prior authorisation for payments to be made from a credit or debit card, fees invoiced may only be taken by the organisation seven days after the invoice has been provided to the client.

64.Where an organisation takes money in advance or holds money for a client, such money must be held in a distinct client account and this account must be kept separate from the organisation’s business account.

65.An organisation must promptly return to the client any remaining money in the client account at the end of the client’s case or when the client has decided to terminate their instructions or the organisation has withdrawn from the case.

66.An organisation which has agreed to refund money to a client must do so promptly.

67.An organisation which takes monies and/or fees must provide written receipts for the money taken and keep accurate accounts, including a written record of every transaction undertaken for each of its clients.

68.An organisation must maintain complete, clear and accurate financial records. The Commissioner must be given access to all financial records.

69.An organisation must have annual audited, certified or otherwise verified business accounts. The Commissioner must be given access to all such accounts.