Terms and Conditions
1. Scope of Services
1.1 The Consultant agrees to provide immigration advice and assistance to the Client in accordance with the terms outlined in the Service Agreement. Services may include (but are not limited to):
- Providing information on visa categories and eligibility requirements;
- Advising on required documents and application procedures;
- Assisting in the preparation and review of application forms and supporting documents;
- Submitting applications to UKVI (where applicable);
- Providing follow-up support and guidance during the application process.
1.2 The Consultant’s role is limited to providing advice and assistance based on the information supplied by the Client. The Consultant does not guarantee a successful outcome, as immigration decisions are made solely by the Home Office, UK Visas and Immigration (UKVI), or other relevant authorities.
1.3 The Consultant does not:
- Act as a legal representative in appeals or judicial reviews unless specifically authorised and agreed in writing;
- Provide legal advice outside the scope of immigration and nationality law;
- Guarantee that an application will be submitted by a specific deadline unless mutually agreed in writing;
- Take responsibility for errors or delays caused by third parties, including interpreters, document providers, or government agencies.
1.4 The Client is solely responsible for ensuring the accuracy, completeness, and timeliness of all information and documents provided to the Consultant. Failure to do so may affect the quality and outcome of the services provided.
1.5 The Consultant reserves the right to decline or discontinue services if:
- The Client provides misleading or incomplete information;
- The Client fails to pay agreed fees;
- Continuing to act would breach professional or legal obligations.
2. Regulatory Compliance
We are committed to maintaining the highest standards of professional conduct and ethical practice in line with the regulatory requirements that govern legal and immigration services in the United Kingdom. The following outlines our regulatory compliance framework:
2.1 Dual Regulatory Structure
- Our services are delivered in collaboration with or under the supervision of law firms and immigration advisors who are authorised and regulated by:
- The Solicitors Regulation Authority (SRA) for legal services, including but not limited to legal advice, representation, and litigation support.
- The Office of the Immigration Services Commissioner (OISC) for immigration advice and services, as defined by the Immigration and Asylum Act 1999.
- Where services fall under the jurisdiction of either the SRA or the OISC, we ensure that you are informed about which body governs your matter and who (internally or externally) is responsible for regulatory compliance.
2.2 Regulated Professionals and Service Delivery
- All immigration advice is either provided directly by or under the guidance of OISC-registered advisors, or by qualified solicitors or legal executives authorised by the SRA.
- Legal advice or representation, including appeals, judicial reviews, or matters outside the scope of OISC regulation, will be handled in direct collaboration with or by our partner law firms or solicitors regulated by the SRA.
- We do not present ourselves as authorised solicitors or legal representatives where such regulation is required unless the service is being delivered by a regulated individual or entity under formal agreement.
2.3 Client Awareness and Informed Consent
- We will clearly identify and disclose:
- The regulatory status of each individual or firm providing services.
- Whether your matter falls under the remit of OISC or SRA regulation.
- The appropriate regulatory body to contact in the event of a concern or complaint.
2.4 Professional Standards
We adhere to the following codes of conduct and principles:
- The SRA Code of Conduct for Solicitors, Firms and Individuals, including principles such as integrity, confidentiality, competence, and acting in the client’s best interests.
- The OISC Code of Standards, including honesty, transparency in fees and services, and acting with diligence and responsibility in immigration matters.
- Our internal policies are aligned with both regulators to ensure consistency in compliance, client care, and quality assurance.
2.5 Ongoing Compliance and Training
- We maintain ongoing professional development and compliance training for all team members and consultants to ensure adherence to current immigration law, legal procedures, and regulatory obligations.
- Where applicable, we also monitor and conduct internal audits of our collaborative partners to ensure that they are meeting their own regulatory and compliance requirements.
2.6 Cooperation with Regulatory Bodies
- We cooperate fully with both the SRA and OISC in the event of any investigation, audit, or regulatory inquiry.
- We may be legally obliged to provide information to regulatory authorities where required by law or as part of formal proceedings.
3. Fees and Payment
- Fees will be clearly communicated before commencement of services and confirmed in writing.
- Where applicable, fees for legal services provided by SRA-regulated firms will be billed by the relevant law firm, and you will be informed of this arrangement in advance.
- Payment terms, including any required deposit and billing schedule, will be specified. Additional or out-of-scope work may be subject to further charges with prior agreement.
4. Client Responsibilities
- As a client receiving immigration and/or legal consultancy services through our firm and our regulated partner law firms or advisors, you agree to the following responsibilities to ensure efficient, ethical, and lawful delivery of services:
4.1 Provision of Accurate and Complete Information
- You must provide truthful, accurate, and complete information and documentation relevant to your case at all times.
- This includes timely disclosure of any changes to your personal circumstances, immigration status, legal situation, or contact details.
- Failure to provide accurate or full information may result in delays, additional costs, or adverse outcomes, for which we cannot be held liable.
4.2 Timely Cooperation and Communication
- You are expected to respond promptly to requests for information, documentation, or clarification. This is critical for meeting legal or immigration deadlines, especially when dealing with statutory time limits or submission cut-off dates.
- You agree to attend all scheduled appointments or meetings and notify us in advance if you are unable to do so.
4.3 Honesty and Integrity
- You must not ask or expect us (or our regulated legal/immigration partners) to act in any way that is unlawful, misleading, or in breach of professional conduct rules.
- You must not provide forged or fraudulent documents, misrepresent facts, or withhold material information.
- Any dishonesty may result in termination of services and potential reporting to relevant authorities or regulators.
4.4 Payment of Fees
- You agree to pay all agreed fees in accordance with the payment terms set out in your engagement or client care letter.
- Where work is performed by or in conjunction with SRA-regulated firms or OISC advisers, you may receive separate invoices from those entities, and you agree to make payment directly as required.
- Non-payment or repeated delay in payment may lead to a suspension of services or termination of the agreement.
4.5 Use of Advice and Documentation
- Any legal or immigration advice provided is for your personal use only in relation to your matter. You may not share or reproduce this advice for third parties without written permission.
- You agree not to misuse any legal submissions, templates, or correspondence provided to you during our engagement.
4.6 Regulatory and Legal Compliance
- You must cooperate with all relevant authorities (e.g., the Home Office, HMCTS, or the courts) honestly and in accordance with the law.
- You are responsible for complying with visa conditions, legal obligations, and deadlines related to your matter, unless otherwise agreed that we or our regulated partners will manage this on your behalf.
4.7 Instructions and Decision-Making
- You retain the right to make decisions regarding your case, but you agree to carefully consider our advice and the legal implications of your choices.
- You must clearly communicate your instructions and any changes in your decisions during the progression of your case.
4.8 Respectful Conduct
- You are expected to engage with our staff and our regulated partners with courtesy and respect.
- Abusive, threatening, or discriminatory behaviour will not be tolerated and may result in immediate termination of services
5. Confidentiality
5.1 Commitment to Confidentiality
We recognise the highly sensitive nature of the information you share with us in connection with legal and immigration consultancy services. We are committed to maintaining strict confidentiality and handling all client information in accordance with professional, ethical, and legal obligations.
5.2 Scope of Confidential Information
Confidential information may include, but is not limited to:
- Personal details and immigration history
- Legal issues, case strategies, and correspondence
- Family, employment, or financial circumstances
- Any documentation provided by or on behalf of the client
- Communications with or advice given by our team or legal partners
This confidentiality obligation applies regardless of whether or not the information is marked as confidential and remains in effect indefinitely, even after the conclusion of services.
5.3 Confidentiality Across Legal and Immigration Collaboration
We provide services in collaboration with law firms and immigration advisory practices regulated by the Solicitors Regulation Authority (SRA) and the Office of the Immigration Services Commissioner (OISC). Where your matter involves both legal and immigration elements:
- Your information may be shared internally between authorised professionals and staff of the relevant firms or consultants, but only to the extent necessary for the delivery of services.
- All professionals and staff involved are bound by strict regulatory codes of confidentiality, as outlined in the SRA Code of Conduct and OISC Code of Standards.
- Information will not be shared with third parties outside of this professional circle without your express written consent, except where required by law.
5.4 Legal Exceptions to Confidentiality
There are limited circumstances in which we may be legally obligated to disclose confidential information without your consent, such as:
- Where disclosure is required by a court order or legal authority
- Where there is a legal duty to prevent a serious crime or harm
- Where required by the SRA, OISC, or other regulatory bodies in the course of investigations or audits
5.5 Safeguarding Information
We take reasonable steps to ensure that your information is protected at all times, including:
- Secure electronic case management systems
- Restricted access to files and correspondence
- Staff training in data protection and confidentiality
- Encryption of digital communications where appropriate
5.6 Third-Party Service Providers
In some cases, we may use trusted third-party service providers (e.g., translators, expert witnesses, or secure cloud platforms) in the course of handling your matter. These third parties are subject to confidentiality agreements and/or regulatory obligations, and we will ensure they handle your data with the same level of care and protection.
6. Data Protection and GDPR Compliance
6.1 General Commitment
We are committed to protecting your privacy and handling your personal information in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. This includes any personal or sensitive data you provide to us during the course of your engagement.
6.2 Data Controller and Data Sharing
Depending on the nature of your case, we may act as the data controller, or as a joint controller or data processor, in collaboration with law firms or immigration firms regulated by the Solicitors Regulation Authority (SRA) or the Office of the Immigration Services Commissioner (OISC).
When we collaborate with a regulated firm:
- We will inform you of the identity of any third-party firm or individual with whom your data may be shared.
- Data will only be shared where it is necessary for the provision of legal or immigration services and in accordance with data protection legislation.
- All third-party firms we work with are bound by professional and regulatory obligations, including strict confidentiality and data protection requirements.
6.3 What Data We Collect
We may collect and process the following categories of data:
- Personal identification data: name, date of birth, nationality, passport number, contact details.
- Special category data: immigration history, biometric data, health or family circumstances (as required for your case).
- Financial and payment data (when relevant).
- Communications: including emails, letters, and phone call notes relating to your case.
6.4 How Your Data is Used
Your data will be used only for:
- The performance of a contract for legal or immigration consultancy services.
- Compliance with our legal and regulatory obligations.
- Protecting your vital interests or those of another person (where applicable).
- The establishment, exercise, or defence of legal claims.
We do not sell or rent your data to any third parties. We will never use your data for marketing purposes without your explicit consent.
6.5 Data Retention
We retain your data for no longer than is necessary. Typically:
- Immigration case data is retained for 6 years from the conclusion of the matter.
- Legal case data is retained according to the retention policies of the regulated law firm (you will be informed if this differs).
6.6 Data Security
We implement appropriate technical and organisational measures to protect your data against accidental loss, unauthorised access, or unlawful processing. These include:
- Secure encrypted email communication.
- Password-protected files and case management systems.
- Restricted internal access to case information.
6.7 Your Rights
Under UK GDPR, you have the following rights:
- To access your personal data.
- To correct inaccurate data.
- To request deletion of your data (subject to legal obligations).
- To object to or restrict processing.
- To withdraw consent (where processing is based on consent).
- To request data portability in certain circumstances.
To exercise any of your rights, you can contact our Data Protection Officer at:
📧 [immigration.consultant.co.uk@gmail.com]
7. Limitation of Liability
7.1 While Sterling (“the Consultant”) will make reasonable efforts to ensure accuracy and completeness in the services provided, no guarantee can be given that any particular result will be achieved. The Consultant is not responsible for the outcome of any immigration application, as decisions are made solely by UK Visas and Immigration (UKVI) or other relevant authorities.
7.2 The Consultant shall not be liable for any losses, damages, costs, or expenses incurred by the Client as a result of:
- The refusal, rejection, or delay of any application by immigration authorities;
- The Client’s failure to disclose relevant facts, submit required documents on time, or follow the Consultant’s advice;
- External factors beyond the Consultant’s control (e.g., changes in immigration law, system outages, strikes, or processing delays).
7.3 The Consultant shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of income, business, or opportunity, even if advised of the possibility of such damages.
7.4 The Consultant’s total aggregate liability, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the provision of services, shall be limited to the total amount of fees paid by the Client for the specific service to which the claim relates.
7.5 Nothing in these Terms shall exclude or limit the Consultant’s liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law
8. Termination of Services
8.1 The Consultant reserves the right to terminate the agreement at any time, with immediate effect and without any obligation to refund fees (in whole or in part), if, in the Consultant’s sole discretion:
- The Client fails to cooperate or communicate in a reasonable and timely manner;
- The Client provides false, misleading, incomplete, or fraudulent information or documentation;
- The Client behaves in a manner that is abusive, threatening, or otherwise inappropriate;
- The Client fails to comply with payment terms;
- The Consultant believes continuing to act may breach any legal, regulatory, or professional obligations;
- Any conflict of interest arises that prevents the Consultant from continuing to act impartially;
- Circumstances arise that, in the Consultant’s reasonable opinion, make it inappropriate or unfeasible to continue providing services.
8.2 The Consultant shall not be liable for any losses, damages, or consequences incurred by the Client or any third party as a result of termination in accordance with Clause 7.1.
8.3 The Client may terminate the agreement at any time by giving written notice. No refunds will be provided for services already rendered or for fixed-fee services once work has commenced.
8.4 Upon termination, the Consultant has no obligation to retain documents or correspondence for more than 30 days, unless otherwise required by law. The Consultant may, at its discretion, provide copies of work completed up to the date of termination, subject to full payment of all outstanding fees.
8.5 Termination of this agreement shall not affect any rights or obligations accrued prior to the date of termination
9. Complaints and Dispute Resolution
- We are committed to providing high-quality immigration and legal consultancy services. If you are dissatisfied with any aspect of our service, please raise your concern with us as soon as possible so we can address the issue promptly.
- In the first instance, complaints should be directed to our internal complaints officer in writing. We aim to acknowledge complaints within 5 working days and provide a full response within 21 working days.
- Where services have been delivered in collaboration with SRA- or OISC-regulated law firms, you may also have access to their respective complaints procedures. We will advise you of the appropriate path depending on the nature of your matter.
- If a resolution cannot be reached through our internal complaints process, we may suggest or agree to use mediation or other forms of alternative dispute resolution (ADR) to resolve the dispute in a constructive and cost-effective manner. The choice of ADR provider will be mutually agreed upon.
- You also have the right to escalate unresolved complaints to the relevant regulatory body:
- For immigration matters, the Office of the Immigration Services Commissioner (OISC).
- For legal matters, the Solicitors Regulation Authority (SRA) or the Legal Ombudsman.
- Participation in mediation or ADR does not affect your statutory rights or your right to pursue a complaint through formal regulatory or legal channels.
10. Governing Law
- These terms shall be governed by the laws of England and Wales.
- Any disputes arising under these terms will be subject to the exclusive jurisdiction of the courts of England and Wales.