Immigration and Deportation (Immigration Consultants) Regulations, 2013
These Regulations may be cited by the stated title.
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- Jurisdiction
- Zambia
- Instrument
- Statutory instrument
- Citation
- SI 38 of 2013
- Version
- 17 May 2013
- Language
- en
- Official source
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Statute overview
About this statute
These Regulations may be cited by the stated title. This section defines key terms used in the Regulations, including “Code,” “costs,” “Department,” “Director-General,” “holder,” “immediate family,” “immigration consultant,” “legal practitioner,” “practising certificate,” and “Register.” These Regulations do not apply to legal practitioners. Anyone applying to register as an immigration consultant must use Form I. The Director-General must register the person if they show sufficient knowledge of the relevant Zambian immigration laws. The Director-General must not register someone as an immigration consultant if any listed disqualifying condition applies.
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Legal text
Provisions of Immigration and Deportation (Immigration Consultants) Regulations, 2013
Showing 84 of 84
- 1 Verify source ↗
These Regulations may be cited as the Immigration and Title
AI-assisted research summary: These Regulations may be cited by the stated title.
1. These Regulations may be cited as the Immigration and Title Deportation (Immigration Consultants) Regulations, 2013. - 2 Verify source ↗
Interpretation
AI-assisted research summary: This section defines key terms used in the Regulations, including “Code,” “costs,” “Department,” “Director-General,” “holder,” “immediate family,” “immigration consultant,” “legal practitioner,” “practising certificate,” and “Register.”
2. In these Regulations, unless the context otherwise requires- Interpretation " Code " means the Code of Conduct for Immigration Consultants set'out'in the Second Schedule; " costs·" includes fees, charges,' d[sbursements, expenses and remuneration; " Department" has the meaning assigned to it in the Act; " Difector"General " means the Director-General of . � ' Immigration; . " holder " means a person registered as an immigration · · ' · · · · consultant; " immediate family " has the meaning ·assigned to it'in the - Act.- , " immigration consultant;; has the me;ning �ssig�ed to it i� . . . the Act; " legal practitioner " has the meaning assigned tci it in the Legal Practitioners Act; " practising certificate "has the meaning assigned to it in the Legal Practitioners Act; and " R!!gisier" means the Register o_f Imm_igration Consultants kept and maintained pursuant to regulation 17 .. - 3 Verify source ↗
Non-application
AI-assisted research summary: These Regulations do not apply to legal practitioners.
3. These Regulations do not apply to legal practitioners .. Cap. 30 Cap, 30 Non application PART II REGISTRATION OF IMMIGRATION CONSULTANTS
Part
PART II
- 4 Verify source ↗
Application for registration as immigration consultant
AI-assisted research summary: Anyone applying to register as an immigration consultant must use Form I. The Director-General must register the person if they show sufficient knowledge of the relevant Zambian immigration laws.
4. (I) An application for registration· as an immigration consultant shall'be made in Form I set out in the First Schedule.· (2) The Director-General shall regis�er a person as an immigration consultant if the person demonstrates sufficient knowledge.'ofthe relevant Zambian immigration laws. - 5 Verify source ↗
The Director-General shall not register a person as an
AI-assisted research summary: The Director-General must not register someone as an immigration consultant if any listed disqualifying condition applies.
5. The Director-General shall not register a person as an immigration consultant if that person- Application for· registration as immigration· con�ultant Disqualification from registration 136 Statutory Instruments 17th May, 2013 (a) has been convicted of an offence involving fraud or dishonesty; (b) has a mental disability that makes that person incapable of perfonning the functions of an immigration consultant; (c) is an undischarged bankrupt; (d) has been found guilty of professional misconduct under Part III; (e) has been de-registered pursuant to the provisions of these Regulations; (f) is an employee of the Depa�ment; or (g) has, within a period of twelve months immediately preceding ihe application, been a� employee of the Department. Request for further information Registration of immigration consultant - 5 Verify source ↗
Maintenance ofreputation and integrity of profession
AI-assisted research summary: Section 5 is titled “Maintenance of reputation and integrity of profession.”
5. Maintenance ofreputation and integrity of profession - 6 Verify source ↗
Request for further information
AI-assisted research summary: Section title about dealings with another immigration consultant.
6. Dealings with other immigration consultant - 7
AI-assisted research summary: This section prohibits soliciting another immigration consultant’s clients.
7. Prohibition of soliciting another immigration consultant's clients - 8 Verify source ↗
Refusal to register
AI-assisted research summary: This section is titled “Restriction on taking over another immigration consultant's work.”
8. Restriction on taking over another immigration consultant's work - 9 Verify source ↗
Display of registration
AI-assisted research summary: Heading only; no operative rule text is provided.
9. Place of business I 0. Display of Code 1 1 . Conflict of interest - 13 Verify source ↗
Notice of intention to suspend or de-register immigration
AI-assisted research summary: Incomplete information must not be submitted.
13. Prohibition of submission of incomplete information - 14 Verify source ↗
Notice of de-registration of immigration consultant
AI-assisted research summary: This section prohibits false, incorrect, or misleading statements.
14. Prohibition of false, incorrect or misleading statements - 15 Verify source ↗
Prohibition of dealing with unauthorised person
AI-assisted research summary: This section prohibits dealing with an unauthorised person.
15. Prohibition of dealing with unauthorised person - 16 Verify source ↗
Appeal
AI-assisted research summary: This section is about prohibiting coercion, undue pressure, and physical threats.
16. Prohibition of use of coercion, undue pressure, physical threats, etc. - 17 Verify source ↗
Register of immigration consultants
AI-assisted research summary: Section 17 is titled “Advertising immigration consultancy services.”
17. Advertising immigration consultancy services 158 Statutory Instruments 1 7th May, 20 13 PART III CLIENT OBLIGATIONS 0 - 4 Verify source ↗
Application for registration as immigration consultant
AI-assisted research summary: An immigration consultant must run the practice in line with the Code, the Act, and other relevant law, and must control and supervise the business and employees.
4. (I) An immigration consultant shall carry outthe immigration consultant's practice in compliance with this Code, the Act and any other relevant law. Conduct of immigration consultancy ) (2) An immigration consultant shall exercise effective control of the immigration consultant's business for the purpose ofrendering effective immigration services. (3) An immigration consultant shall- (a) ensure that the immigration consultant's employees are of good character and carry out their duties in accordance with this Code; (b) effectively supervise the work carried out by the immigration consultant's employees in relation to the immigration consultancy; and 160 Statutory Instruments 1 7th May, 2013 (c) supply each employee with a copy of this Code and ensure that the employees are familiar with this Code. Mintenance of reputation and integrity of profession - 5 Verify source ↗
(I) An immigration consultant shall take all reasonable steps
AI-assisted research summary: An immigration consultant must take reasonable steps to protect the profession’s reputation and integrity, and must keep up to date with the Code, the Act, and other relevant law.
5. (I) An immigration consultant shall take all reasonable steps to maintain the reputation and integrity of the profession. (2) An immigration consultant shall take appropriate steps to maintain and improve the immigration consultant's knowledge of this Code, the Act and any other relevant law. Dealings with other immigration consultants - 6 Verify source ↗
Request for further information
AI-assisted research summary: An immigration consultant must not harm another immigration consultant’s reputation, prospects, or business, must act fairly, honestly and courteously, and must perform any written undertaking within a reasonable time.
6. (I) An immigration consultant shall not injure, or attempt to injure, falsely or maliciously, directly or indirectly, the professional reputation, prospects or business of another immigration consultant. Prohibition of soliciting another immigration consultant's clients Restriction on taking over another immigration consultant's work (2) An immigration consultant shall act with fairness, honesty and courtesy when dealing with another immigration consultant. (3) An immigration consultant who gives a written undertaking to another immigration consultant shall ensure that the undertaking is performed within a reasonable time. - 7
AI-assisted research summary: An immigration consultant must not solicit or encourage another consultant’s clients by disparaging the other consultant or by offering services the other consultant cannot or will not provide.
7. An immigration consultant shall not solicit or encourage another immigration consultant's clients to use the first immigration consultant's services by degrading the professional capabilities of the second immigration consultant or offering services that the second immigration consultant cannot, or does not intend to, provide. - 8 Verify source ↗
Refusal to register
AI-assisted research summary: An immigration consultant must not take over work from another immigration consultant unless the client gives written notice saying the client no longer needs the first consultant and has withdrawn instructions.
8. An immigration consultant shall not take over work from another immigration consultant in this paragraph referred to as the first Immigration Consultant, unless the immigration consultant intending to take over the first immigration consultant receives written notice from the client to whom the work relates stating that- (a) the client no longer requires the services of the first immigration consultant; and (b) the client has withdrawn the client's instructions to the first immigration consultant. Place of business Display of Code Conflict of interest - 9 Verify source ↗
Display of registration
AI-assisted research summary: Immigration consultants must have a registered business place, display the Code at that place, and avoid or respond to conflicts of interest with clients.
9. An immigration consultant shall have a registered place of business at which the immigration consultant shall practise as such. I 0. An immigration consultant shall display this Code in a conspicuous place at the immigration consultant's place of business. 1 1. (I) An immigration consultant shall not accept a person as a client if the immigration consultant has, or is likely to have, any of the following conflicts of interest: D ) ) 17th May, 201 3 Statutory Instruments 1 6 1 (a) the immigration consultant is a person authorised, under the Marriage Act, to solemnise marriages and intends to Cap. 50 marry the person, or assist the person, in that capacity, to enter into a marriage of convenience or a forced marriage, upon entry into Zambia; (b) the immigration consultant is, or intends to be, involved with the person in a business activity that is relevant to the assessment of an applicatio!J under the Act; or (c) there is any other interest of the immigration consultant that would affect the legitimate interests of the person. (2) An immigration consultant who has a conflict of interest specified in sub clause (1) in relation to a client, shall, as soon as practicable taking into account the needs.of the client, but no later than fourteen days from the date the conflict of interest arises- (a) inform the client about the conflict ofinterest; (b) advise the client that the immigration consultant can no. longer act for the client; (c) advise the client of the client's right to engag� another immigration consultant; and (d) cease to deal with the client in the immigration consultant's capacity as such. - 12 Verify source ↗
Notice of change of details
AI-assisted research summary: Immigration consultants must not misrepresent their relationship with officials or the Department, submit incomplete or false material, or use misleading advertising; they also have several client-service and notice duties.
12. ( I ) An immigration consultant shall not portray to a client or any other person that the immigration consultant's registration involves a special or privileged relationship with the Minister, the Director-General, immigration officers and other staff of the Department in order to obtain priority processing,.or to imply that the immigration consultant undertakes part or full processing for the Department. (2) An immigration consultant shall not represent to a client or any other person that the immigration consultant can procure a particular decision for a client under the Act or any other law. 1 3 . ( I ) An immigration consultant shall not submit an application under the Act without the prescribed accompanying documentation. (2) An immigration cor;isultant shall, with respect to proceedings or an application under the Act, provide relevant infonnation to the Department to allow a full assessment of all thp facts in a manner that fully reflects the circumstances of the client and does not prejudice the success of the proceedings or application. Prohibition of m&epremtation Prohibition of submission of incomplete information 1 62 Prohibition of false, incorrect or misleading statements Prohibition of dealing with unauthorised persons Prohibition of use of coercion, undue pressure, physical threats, etc. Advertising immigration consultancy services Statutory Instruments 1 7th May, 2013 1 4. ( I ) An immigration consultant shall not make any false, incorrect or misleading statement in support of an application under the Act knowing or believing the statement to be false, incorrect or misleading, or encourage the immigration consultant's employees or any other person to make such statements. (2) An immigration consultant shall not, with intent to deceive or"mislead the Department- (a) produce or present to the Department, whether on a client's behalf or otherwise, a forged or counterfeit document; or {b) withhold any information relevant to the consideration of proceedings or an application under the Act. I 5. An immigration consultant shall, in respect ofan application made or matter undertaken on behalf of a client, deal with an unauthorised person. I 6. An immigration consultant shall not, in the practice of immigration consultancy, for the benefit of the immigration consultant or any other person, engage in any of the following- (a) coercion; (b) undue pressure; (c) physical threats or intimidation; (d) false or misleading claims of sanctions by the Department; or (e) discrimination of a client on the grounds of religion, nationality, race, ethnicity, political opinion or gender. 1 7. { I ) An immigration consultant shall, when advertising the immigration consultancy services- (a) include in the advertisement, the words "Immigration Consultant's Certificate Number" followed by the immigration consultant's individual certificate number; and (b) if the immigration consultant is advertising in a language other than English, include in the advertisement words in that other language equivalent to the words "Immigration Consultant's Certificate Number" followed by the immigration consultant's individual certificate number. ( ( 1 7th May, 2013 Statutory Instruments 163 • ) (2) Where the advertisement relates to a firm or company comprising more than one registered immigration consultant, the advertisement shall contain the words "Immigration Consultants' Certificate Numbers" followed by the immigration consultants' respective individual ce1iificate numbers. (3) An immigration consultant shall not, when advertising the immigration consultancy services, imply the existence of a relationship between the immigration consultant and the Department or use terms such as- (a) "Zambian Government registered"; (b) "Immigration Department registered"; (c) "Department registered"; (d) "recommended by the Zambian Government"; (e) "recommended by the Immigration Department"; or (f) "recommended by the Department". (4) An immigration consultant shall not engage in false, misleading or inaccurate advertising, particularly in relation to- (a) the immigration consultant's registration as such; (b) the Government's policy for the successful outcome of applications under the Act; or ( c) guaranteeing the success of an application. PART III CLIENT OBLIGATIONS I 8. (1) Subject to the Act, an immigration consultant shall (a) carry out the immigration consultant's practise in accordance with the legitimate interests of the immigration consultant's clients; and (b) deal with the immigration consultant's clients competently, diligently and fairly. Obligations of immigration consultant to client J (2) An immigration consultant shall- (a) within a reasonable time after agreeing to represent a client or to make an application on behalf of a client, confirm the client's instructions, in writing, to the client; (b) keep the client fully informed, in writing, of the progress of each case undertaken, or application made, by the immigration consultant on behalf of the client; and 164 Statutory Instruments 1 7th May, 2013 • (o) within a reasonable time after the case or application is decided, inform the client, in writing, of the result of the client's case or application. (3) An immigration consultant shall, where a client has provided the _immigration consultant with all the necessary information ahd documentation with respect to proceedings or an application under the Act, act in a timely manner on behalf of the client. ( 4) An immigration consultant shall inform a client of the client's right to receive copies of an application made on behalf of the client.
Part
Part III;
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Request for further information
AI-assisted research summary: A request for further information about an application under regulation 4 must be made in Form II.
6. A reqt1est for further information with respect to an application made pursuant to regulation 4 sliall be made in Form II set out in the First Schedule. - 7
AI-assisted research summary: The Director-General must approve and register an applicant as an immigration consultant if the application meets the Act and Regulations. Registration lasts three years and cannot be transferred.
7. (I) The Director0General shai( where an application under regulation 4 me.ets the requirements of the Act and these Regulations, approve the application and register the.applicant as an immigration consultant in Form III set out in the First Schedule. (2) A registration under these Regulations shall, subject to the other provisions of these Regulations, be valid for a period of three years from the date ofregistration. (3) Registration shall not be transferable. Refusal to register - 8 Verify source ↗
Refusal to register
AI-assisted research summary: The Director-General must refuse an immigration consultant registration application that does not meet the Act or Regulations, and must tell the applicant of a rejection in Form N.
8. (!) The Director-General shall refuse an application for registration as an immigration consultant if the application does not meet the requirements of the Act or these·Regulations. (2) The Director-General shall, where the Director-General rejects an application, inform the applicant of the rejection in Form N set out in the First Schedule. Display of registratiOn - 9 Verify source ↗
Display of registration
AI-assisted research summary: An immigration consultant registered person must display the registration prominently at the place of business.
9. A person registered as an immigration consultant shall display the registration in a conspicuous place at the person's place of business.· · · - 10 Verify source ↗
Renewal of registration
AI-assisted research summary: A renewal application must be made to the Director-General at least 90 days before the registration expires, using Form V.
10. · An application for the renewal of a registration shall be Renewal of registration made to the Director-General at least ninety days prior to the_expiry of the registration in Form V set out in the First Schedule. • • • • 17th May, 201� _ _ Statutory lristr_uments 137 - 11 Verify source ↗
Application for duplicate registration
AI-assisted research summary: A person may apply to the Director-General for a duplicate registration in Form VI. If the application meets the Act and Regulations, the Director-General must issue the applicant a duplicate registration in Form III.
11. (I). A- person may apply t_o the Director-General for a duplicate registration in Form VI set out in the First Schedule. Application for duplicate registration Notice of change of details Notice of intention to suspend or de-register immigration consultant Notice of de registration of immigration consultant (2) -The Director-General shall, upon receipt of an application under- sub-regulation {I) and where the application meets the requirements of the Act and these Regulations, issue the applicant with a dupHcate_registration in Form III set out in the first Schedule. - 12 Verify source ↗
Notice of change of details
AI-assisted research summary: Registered persons must notify the Director-General of any changes in their registration details, using Form VII in the First Schedule.
12. A person registered under these Regulations shall notify the Director-General of any changes in the particulars o�the registration in Form VII set out in the First Schedule . - 13 Verify source ↗
Notice of intention to suspend or de-register immigration
AI-assisted research summary: A notice that someone intends to suspend or de-register an immigration consultant must be made in Form VIII.
13. A notice ofintention to suspend or de-register an immigration consultant shall be in Form VIII set out in the First Schedule. - 14 Verify source ↗
Notice of de-registration of immigration consultant
AI-assisted research summary: The Director-General must cancel an immigration consultant’s registration in specified cases and must let the consultant be heard first.
14. (I) The Director-General shall cancel the registration of an immigration consultant if.- . . . (a) the· Director-General has reasonable grounds to believe that. the regist�ation was obtained through fraud, misrepresentation or concealment of any material fact; (b) the immigration consultant is convicted of an offence involving fraud or dishonesty under the Act or any other_ law; or (c) since the registration, circumstances have arisen disqualifying the immigration consultant from registration. (2) The Director-General shall, before cancelling the registration of an immigration consultant under sub-regulation (I), give the immigration consultant an opportunity to be heard. (3) A notice of de-registration of an immigration consultant · shall be in Form IX set out in the First Schedule. ( 4) Where the Director-General cancels the registration of a person under this regulation, the person's name shall be removed from the Register and shall not be restored except on such conditions as·may be determined by the Director-General and ·upon payment of the prescribed fee. - 15 Verify source ↗
(I) The Director-General may, before cancelling the
AI-assisted research summary: The Director-General may suspend an immigration consultant before cancelling the consultant’s registration, and a suspended consultant must not practise during the suspension.
15. (I) The Director-General may, before cancelling the registration of an immigration consultant, suspend the immigration consultant for such period and on such terms.and conditions as the Director:General may determine. Notice of suspension of immigration consultant • • 138 Statutory J11stru1nents 17th .May, 40) 3· (2). A notice of suspension of an immigration consultant shall be in Form X set out in the First Schedule. ., Appeal Register of immigration consultants Code of Conduct (3). · An immigration consultant whose registration-is suspended shall not, during the suspension; practise as .an ·immigration. consultant. ,. ·, - 16 Verify source ↗
Appeal
AI-assisted research summary: Appeals against a Director-General decision must be made in Form XI. The Director-General must maintain a Register of Immigration Consultants, keep it available for public inspection on payment of the prescribed fee, publish the list annually, and immigration consultants must follow the Code of Conduct.
16.A� appeal'agalnst a decision of the Dir�dbr-Gerteral shall , · . . .,. ·, be.made·in Form XI set out in the:First Schedule... , .. "17."(l) The Director-General shall, in accordance with the Act' and these Regulations, keep and m·aintain a Register oflmmigraiion ·; Consultants.. . · (2) The Register referred to in s�b-regulaticin (I) shall contain · _- the following information- ( a) the names and addresses of registered immigration consultants; (b) the applications rejected and the r�asons therefor; •· (c) all notices issued under these Regulations; and . (d) any other information as 'the Director:General may determine. · · · · O) The Director-General. ·may _cau�c: any corrections or alterations to be made to the Register in accordance with the purposes of the Act. ( 4) . Tlie Register shall be kept ·at the Department a�d shall be open for inspection by the members of the public during business hours upon·payment of the fee prescribed in the Third Schedule. (5) The Director-Ge�erai' shall publish: ·annually, in a daily newspap�f- of general circulation in Za�bia;_ the l,ist of registered . immigration consultants. PART III CODE OF CONDUCT · · . I 8. ( i) A;, immigration c9nsultant._shall, in immigr!ltion consultancy, be bound by the Code of Conduct set out i11 the Second Scheclule. . . . . . (2) An immigration consultant who_ carries out the immigration · consultancy contrary to the provisions ·of the Code commits an off'ence and is liable, upon conviction, to a fine not exceeding_one hundred thousand penalty units orto imprisonment for a period not exceeding twelve months, or to both. • • 17th May, 2013 Statutory Instruments
Part
PART III
- 19 Verify source ↗
Responsibilities of Director-General
AI-assisted research summary: The Director-General must regulate immigration consultants according to the Code and promote good practice.
19. The Director-General shall- ( a) regulate the conduct of immigration consultants in · accordance with the standards set out' in the Code; and (b) promote goo_d practice.by imm!gration consultants. 139 Responsibilities of Director General ·· ' PARTIV GENERAL PROVISIONS • - 20 Verify source ↗
Holding out
AI-assisted research summary: People who are not registered immigration consultants must not hold themselves out as consultants or act in ways that make others think they are registered; immigration consultants must not use misleading titles.
20. (I) Subject to sub-regulatio� (2), a ·person who is not Holding out regi�tered as an immigration consult�nt under these Regulations shall not- · ( a) practise as, offer services as, or hold out to be, an immigration consultant; or (b) do any thing likely to lead persons to infer that the person is a registered immigration consultant. (2) Nothing in sub-regulation (I) shall prevent a legal practitioner from undertaking or practising immigration consultancy. (3) An immigration consultant shall not adopt, use or exhibit the tenns" immigration affairs consultants", "immigration affairs registered immigration practitioner " or any other term of like description calculated to mislead the public into believing that the immigration consultant is a member of staff of the Department. (4) A person who contravenes this regulation commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. - 21 Verify source ↗
Offences regarding registered immigration consultants
AI-assisted research summary: A person must not make unauthorized changes to the Register or use fraud, misrepresentation, or concealment to obtain registration.
21. (I) A person who- (a) makes or causes to be made, an unauthorised entry, alteration or erasure in the Register or on any registration or any copy thereof; or (b) procures or attempts to procure for that person or any other person any registration, by means of fraud, �ispresentation or concealment of any material fact; commits an offence and is liable, upon conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both. - 22 Verify source ↗
Offences relating to registration
AI-assisted research summary: A person must not employ an immigration consultant who is suspended, unregistered, removed from the Register, or disqualified from registration.
22. (I) A person shall not employ as an immigration consultant- Offences regarding registered immigration consultants Offences relating to registration 140 Statutory Instruments 17th May; 2013 • (a) a person who is suspended under these llegulations; or, (b) a person who is not registered under these Regulations or whose name has been removed from the Register or who is disqualified from registration. (2) Nothing in paragraph (b) of sub-regulation (I) prevents an immigration consultant from signing the firm name or title under which the immigration consultant practices. (3) A person who contravenes this regulation commits an . · offence arid is liable, upon convi6tion; fo a fine not exc�eding one hundred thousand penalty units or to impri�oiunent for a period n�t exceeding twelve months, or to both. Fees - 23 Verify source ↗
Fees
AI-assisted research summary: Fees set out in the Third Schedule must be paid for the matters listed there.
23. The fees s'et out in the Third Schedule shall be payable in respect of the matters specified therein.· · · • • ' 17th May; 2013 Statutory Instruments.- FIRST SCHEDULE (Regulations 4, 6, 7,_ 8, 10, 11, 12, 13, 14, I S and 16) 141· ·FORM ] (Regulation 4) .• REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of 2010) The Immigration and Deportation (Immigration Consultants) Regulations, 2012 APPUCATION FOR REGISTRATION AS AN IMMIGRATION CONSULTANT (Se�'lfun 47 u(lhe lmmll!ralion and Dtnnr/alion Acl 2010) Please comj,lete In block letters I. I foJ ·surname PART I PERSONAL DETAILS I I Female I Town I I · Colmtrv I l]f1! :r °t )�: :c:::u=:------ -j----- -- ------ -- ----- ---'1· (tf >t - t--- ------- -----------;··, r,l;lJ fhJ Other names Sex rriek where aDDlicablcl Dateofbirth ldd/mm/ Place of birth - 18 Verify source ↗
Code of Conduct
AI-assisted research summary: Section 18 is titled “Obligations of immigration consultant to client.”
18. Obligations of immigration consultant to client - 20 Verify source ↗
Holding out
AI-assisted research summary: This provision fragment refers to frivolous and vexatious applications and to changing the details of an immigration consultant.
20. Frivolous and vexatious applications 2 1 . Change of details o f immigration consultant - 24 Verify source ↗
Request to return client's documents
AI-assisted research summary: Section 24 is about a request to return a client's documents.
24. Request to return client's documents - 25 Verify source ↗
Prohibition of withholding client's passport
AI-assisted research summary: This section is titled “Prohibition of withholding client’s passport.”
25. Prohibition of withholding client's passport PART IV FEES AND CHARGES - 19 Verify source ↗
Responsibilities of Director-General
AI-assisted research summary: An immigration consultant must do the work in a way that keeps client costs low and must warn clients about likely delays and costs, including possible court-ordered legal costs.
19. An immigration consultant shall- (a) carry out any work for which the immigration consultant is engaged in a manner that II\inimises the cost to the immigration consultant's clients; and (b) warn clients of possible delays and the costs that are likely to be incurred by the client in the pursuit of a particular course ofaction before the Department, the Minister and the courts, including the legal costs that are likely to be ordered by the courts. Provision of cost effective service Frivolous and vexatious applications - 20 Verify source ↗
Holding out
AI-assisted research summary: An immigration consultant must not encourage a client to file a frivolous, vexatious, or highly unlikely application, and must give the client the consultant’s opinion in writing.
20. An immigration consultant shall not encourage a client to lodge an application which the immigration consultant perceives to be frivolous or vexatious or considers highlyunlikelyto be successful arid shall advise the client, in writing, of the immigration consultant'.s opinion. Change of details of immigration consultant 2 I . An immigration consultant shall, where the immigration consultant changes the immigration consultant's address or other details relating to the registration of the immigration consultant, inform the immigration consultant's clients of the change- Completion of services (a) prior to such change; or (b) not later tlian seven days after the change, if prior notice would be unreasonable o r impracticable in the circumstances. - 22 Verify source ↗
Offences relating to registration
AI-assisted research summary: An immigration consultant must finish the services they were hired to do, and must return client documents on request after completing the work, unless the client and consultant agree otherwise, the client withdraws instructions, or the consultant ends the contract.
22. (I) An immigration consultant sh·au complete the services for which the immigration consultant is engaged by a client unless- (a) the immigration consultant and the client agree otherwise; (b) the clien_t withdraws the client's instructions to the immigration consultant; or (c) the immigration consultant terminates the contract. C ) ) l,7th May, 2013 Statutory Instruments 1 65 Termination of services (2) Subject to sub-clause (3), an immigration consultant shall, upon completion of services, ifrequested by a client, give t� the client all the documents given to the immigration consultant by the client or for which the client has made a payment. (3) An immigration consultant may, where a client fails to pay the immigration consultant for any or all of the services provided by the immigration consultant, withhold any document, other than the client's passport, as the immigration consultant may have in the immigration consultants possession until the client makes the outstanding payment. - 23 Verify source ↗
Fees
AI-assisted research summary: An immigration consultant who wants to end a client engagement must give 30 days’ written notice and then, within 7 days after giving notice, update the file, return entitled documents, and handle financial matters under the contract.
23. (I) An immigration consultant who intends to terminate the service to the client shall give the client thirty days' written notice of the immigration consultant's intention to terminate the contract. (2) The written notice· referred to in sub-clause ( [ ) , shall state- (a) that the immigration consultant has ceased to act for the client; (b) the date on which the notice shall take effect; and· (c) the terms of any arrangements made in respect of appointing another immigration consultant. (3) An immigration consultant who notifies a client of the termination of services under this clause shall withiµ seven days of giving the notice- (a) update the client's file to reflect the current status of each case or application undertaken by the immigration consultant for the client; (b) deliver or send, by registered post, to the client all documents to which the client is entitled; and · (c) ensure that all financial matters relating to the immigrationconsultant's engagement have been dealt , with in accordance with, the contract or· terms of engagement of the immigration consultant. I - 24 Verify source ↗
(I) A client may request an immigration consultant whose
AI-assisted research summary: A client may ask a terminated immigration consultant to return the client’s documents, and the consultant must do so within 7 days.
24. (I) A client may request an immigration consultant whose services �ave been terminated to return any document that belongs to the client. Request to return client's documents (2) A request made under sub-clause (I) may be made orally or in writing. 166 Statutory Instruments 1 7th May, 2013 (3) An immigration consultant to whom a request for the return of any document is made under sub-clause ( 1) shall, within seven days of receipt of the request, deliver the document in person to the client or any other person authorised by the client or send the requested documentto the client by registered post. Prohibition of withholding client's passport - 25 Verify source ↗
An immigration consultant shall not, fol lowing a
AI-assisted research summary: An immigration consultant must not withhold a client’s passport or other documents after services under this Part have been terminated.
25. An immigration consultant shall not, fol lowing a termination of services under this Part, withhold any passport or other document in the possession of the immigration consultant issued in respect of a client to whom the termination of services relates. • l PART IV FEES AND CHARGES Scale of fees
Part
PART I
- 6 Verify source ↗
Request for further information
AI-assisted research summary: The source text is incomplete or garbled and does not clearly state a rule.
6. (OJ NRC No Place of issue /cl Datcofissue1dd/mm/ - 7
AI-assisted research summary: The text lists address and contact details fields, including physical/postal address, telephone, fax, mobile phone, and email address.
7. r,,A�d�dre,'at;' (a) Phy�ic3! addres.s ::c · ·Postal address··· , 8. Contoct details a · Tclenhone No; Fax No. � MOtiilc' phone No. · 'd Email addrus - 9 Verify source ↗
Display of registration
AI-assisted research summary: The form asks the applicant to provide details about prior immigration consultant registration, any entry restrictions or deportation/repatriation, and any criminal convictions.
9. M Have you ever applied forregistration ns an immigration consultant under the Immigration nnd Deportation Act 2010? lfves., ivc details. 1 Date of ¥Plication ' • • -� · ·, ' � (b)' If the appliC!Uion was rejected, state�N for rcjectic:m: Status of application (pending, granted or reiectedl ·- ·. · ················----•--··············--·--····"'"·····--···--·--···•--·--····--················----·····················----······· I 0, Have you or your spouse ever been restricted from entering any country or deported or repatriated from any countrv? lfso, cive details below - ➔- • • - • • - • - • • - - - Country in which entry restricted or from which dePorted or ""atriated Year of restriction, deportation or rcpalriation ReasDns " • ,I ' 142 Stafutory Instruments Flth May, 2013 ll. Have you been convicted of an offence under any law withi� or ou�ide Zambia? If yes, specify details: �;t ��':S: ;.,.1': f;��� /jj',� Natu°re of offence: ,. ............................... , ......... : . . : ............................. .................................... 1j, . , Date of conviction: ........................................... : .• : ............................................................... -�· -'1 Sentence: ................................................... : ....• :.'.: ............................................................. Vl -�:_..', ,PARTU PARTICULARS OF IMMIGRATION CONSULTANCY - 13 Verify source ↗
Notice of intention to suspend or de-register immigration
AI-assisted research summary: The text lists TPINNO and business address details, including physical and postal address.
13. TPINNO, 14, Business address (a\ Phvsical address /h\ Postal address - 16 Verify source ↗
Appeal
AI-assisted research summary: This section refers to employee details for each branch, including NRC or passport number, date of birth, and full names.
16. Details of emclovees in each branch (continue on se arale sheet if necessa• NRC/Passport No. Date of birlh .. (dd/mml•m=l ,, Employees' full names 1, 2, - 17 Verify source ↗
Register of immigration consultants
AI-assisted research summary: An applicant for registration as an immigration consultant must declare that the application information is true, correct, and complete.
17. Annen dices t · 1• t·_·-:j i!J'' rn ·, -.,"!..'. 1,: �t� wfi,11 :·:£:'.I l< t� t,1 t/� Job title Contact No. �_it: \Il, . ... ,, ,-,i:, _, t;J: ;.i:;;1 r�f; ., -, ,, :�}: :•·,�� ·�t� 1'fi ,_ 1:f·; i'J.' -l+� r:�{. ,· ··., "r�,.· ;#(�; A letter ofnolice clearance A duly sworn affidavit attesting to lhe fact immediate familv fu not an emnlovee of the lnmiiITT"ation Denartmenl _��t lhe applicant m any member of the applicant's t:ti f:0 DECLARATION . 'i • I hereby declare that the information furnished by me in this application, fu true; corre<:t and complete to the best of my knowledge. I understand that any incorrect, misleading or untrue information- or the withholding of any relevant information may affect my registration as an immigration consultanl ............................................... -........................ . .................................. . _ .............................. Name of applicant Signature , ............................................ . .......................... Date 17th May, 2013 . Statutory.Instruments. - 143 Verify source ↗
Section 143
AI-assisted research summary: An immigration consultant registration holder must follow the law and registration conditions, avoid conduct that undermines the consultancy, and tell the Director-General if their name or address changes.
143 . : 144 Statutory· Instruments l 7th'May,_ 2013 • 'foRM II (Regulation 6). (I) Here (2) Here insert the full names of the applicant insert the reference No. of the application REPUBLIC OF ZAMBIA T1'e Immigration and Deportation Act, 2010 (Act No. 18 of 2010) · ·· The Immigration and .Deportation (Immigration Consultants) Regulations, 2012 REQUEST FOR FURTHER INFORMATION To: (1) . . . . . . . . . . ........ ...... ........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . Addresss ....................................................... ....................... .............. ........... . ··································································································-·················· Reference No. (2) . . . . . . ... ..................... . . . . . . . . . . . . ............. ............ . . . . . . . . . You are hereby requested to-furnish the following information or documents in respect of your application for registration as an immigration Consultant: (<j) . . . . . . . . .............................. .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............... .. (b) ...................... .................................... ......... .................................. .. (c) . . .................................... ................................... ............................ .. (d) . . . . . . . .. . • . . •. ......•.••••••.....•....... . . . . . . • . . . . • . . .......•.....•..• . . • . . . • . . . .............. within ................ . . ...... . . . . . . .... days of this notice. Jfyou fail to furnish the requested information within the stipulated period, your application will be treated as invalid and shall be rejected. Dated this . . . . . . . . . . . . . . . ......... ... day of ................. . . . .. , 20 .............. .. ... ... ....... , ............. -............................................. . .... . Director-General of Immigration 17th May, 2013 Statutory Instruments 145 FORM Ill (Regu/a//ons7 and 1 1 (2)) REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of2010) The Immigration and Deportation (Immigration Consultants) Regulations, 2012 REGISTRATION NO . ....................... . REGISTRATION AS AN IMMIGRATION CONSULTANT (Section 47 of the Immigration and Deportation Act, 2010) Holder's name ............................................................................ .' ............... , ................. . Addn:s�S------ ............................................................................. . . . . . . . . . . .. . . . . . . . . . . . . . ..................... . This registration is granted for a period of three years commencing on the ........................... ,.,day of ..................................................... , 20 ........... . The conditions of grant of registration are as shown in the Annexure hereto. Issued at .................................... this ................................. day of ...................... , 20 ........ . ··· ····•··· ············· ............... , , ......................... . Director-General of Immigration , 146 Statutory Instruments ' 17th May,: 2013 ,, �enewals, Rejections, Transfers and Amendments Date of renewal, Details of renewal, . . . rejection, transfer or amendment rejection, transfer or amendment ·, Date of registration nrld ,registration No. Signature of Director-General of Immigration and official stamp " ' . , ' . ·.•., . . . •. ' .· , , ,, ' \ ' 17th May, 2013 Statutory Instruments· 147 TERMS AND CONDITIONS OF REGISTRATION General Conditions The holder shall- ( a) carry out the immigration consultancy in accordance with the Immigration and Deportation Act, 2010, and the Immigration and Deportation (Immigration Consultan!S) Regulations, 20 l l ; (b) not engage in any activities that compromise or may compromise the proper implementation of the· immigration consultancy or may impede any authorised activities carried out by other holders in the course of their practise as immigration consultants; and (c) inform the Director-General of Immigration of any change of the name or postal and physical address of the holder . • • 148 Statutory Instruments I 7th May,' 2013 FoRM IV (Regulation 8 (2)) 11 REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 1 _ (Act No. 18 of2010)_ The -Immigration and Deportation (lm�igration Con_sultants) · Regulations, 2012 · · • ( 1) Here insert the full names and address of applicant (2) Here insert the reference No. of the application (3) Here insert type of application NOTICE OF.REJECTlOJ,'i OF APPLICATION To (1) ... .................. . . . . . . . . . . . . .......... . . . . . . . . . . . . . ........................ .. ........ . .................................................................................................................... .IN THE MATTER OF (2) : ... : . . . . ... . . . . . . . . . ............... . . . . . . . . . . . . . . . . . . . . . . .. you are hereby notified that your ftpplication for (3) registration/renewal of . ' , � registration as an immigration consultant has been rejected on the following grounds: (a) . . . . . . . . . . . . . . . . . . ..... . . . . . . . . . . . . . . . . . . . . . . . . . ............ . . . . . . . . . . . . . . . . . ...... . . . . . . . (b) ......... . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . (c) ......... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ............ . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . (d) ...... ...................... .......... ............... . . . . . . . ....... . . . . . . . . . . . . . . ........ . Dated this . . . . . . ......... . . . . . . day of . . . . . . · ... . . . ...... . . . ... , 20 .............. . Director-General of Immigration A 1 7th May, 2013 Statutory Instruments 149 FoRM V (Regulation 10) 111 REPUBLIC OF ZAMBIA ' The Immigration and Deportation Act, 2010 (Act No. 18 of 2010). The Immigration and Deportation (Immigration Consultants) Regulations, 2012 APPLICATION FOR RENEWAL OF REGISTRATION AS AN ™MIGRATION CONSULTANT Please complete in block lelters 1, I (nl Surname (b) Other names - 3 Verify source ↗
Non-application
AI-assisted research summary: This provision mentions address details, including physical address and postal address.
3. Address (a) J?hysical address ·bi Postal address - 4 Verify source ↗
Application for registration as immigration consultant
AI-assisted research summary: This form asks for contact details and whether the applicant or spouse has been restricted from entering any country, deported, or repatriated, with details if yes.
4. Contact details n Teleohone No. Fax No. V 4 c Mobile ohone No. 'd Emal! address 5, Have you or your spouse since your registration as an immigration consultant been restricted from enterlng any countrv or deoorted or reoatriated from anv countrv? Jf so, ITTve details below Country in which entry restricted or from which denorted or repatriated Year of restriction,. deportation or reoatriat!on Reasons - 6 Verify source ↗
Request for further information
AI-assisted research summary: An applicant must declare that the application information is true, correct, and complete, and should not withhold relevant information.
6. ,. Have you since your registration as an Immigration consultant been convicted of an offence under any law wlthln or outside Zambia? lfycs, specify details: Nature of offence: ...................................................................................................................... . Date of conviction· ............................................................................................................................. _. Sentence· ............................................................................................................................................ . Stale 11ny particulars which have changed since your last registration DECLARATION l hereby declare that the informat!on furnished by me in this appUcation is true, correct and complete to the best of my knowledge. I understand that any Incorrect, misleading or untrue Information or the withholding of any relevant information may affect renewal of registration as an immigration consultant. Name of applicant Signaturt<> Date 150 Statutory .Instruments 17th May, 2013 1 7th May, 2013 Statutory Instruments 1 5 1 FoRMVI (Regulation 1 1(1)) REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of 2010) The Immigration and Deportation (Immigration Consultants) Regulations, 2012 '- Please complete in block letters APPLICATION FOR DUPLICATE REGISTRATION ;.r �s.�r ,;-1 ,-:�"-,,; 1 ·, . . :-,.• :-_;,�i��·:;.:.:,, -� �-;-,'.· --:.f� .. ;�1�..:(\\ -.;·��.,-"')�t-;11:\12! ;-/ ·ir�:-.\ r '/1ifoi111atio11 RiqUireif" -' .. .' . .'' • ,./··:t.· tf:� ';:f'l11fo1'J/1a1iorJ Prdytiied� ,. .'! � I. :. ! 1 ·� ":'\ /;.; -1; 0 f; · ··t_;•i·i �·;.'Ii."'° .,;.,it� ::':· 2r�· t;/t :;�·-:,t\ f.,� i_1�.' , � -�r ::{ij ! ·•,1 :��·� (a) Surname lbl Othernanres - 2 Verify source ↗
Interpretation
AI-assisted research summary: This section lists fields for a registration number and address, including physical and postal address.
2. Re_gistration No, J. Address (al Physical address (b) Postal address - 4 Verify source ↗
Application for registration as immigration consultant
AI-assisted research summary: This section lists contact details fields: telephone number, fax number, mobile phone number, and email address.
4. Contact details a) Telenhone No. b) FaxNo. c) Mobile ohone No. d) Email address - 5 Verify source ↗
Aonendix
AI-assisted research summary: This provision provides forms for immigration consultant registration notices, including change of details, intended suspension or de-registration, de-registration, and suspension.
5. Aonendix Affidavit of loss, destruction or otherwise of orii:dnal re!!istration Name of applicant (individual or authorized representative): Signature : ....................................................... .. Date: ·:�'.� ,:-L ···1 ' � ,. , 1r''.'.. :1tif' ·,,;.-"}! 152 Statutory Instruments 1 7th May, 2013 FoRM VI (Regulation 12) (1) Here insert the registration No. (2) Here insert the full names of the holder (3) Here insert physical and postal address ofthe applicant (4) Here specify the detail which has changed ii REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of 2010) The Immigration and Deportation (Immigration Consultants) Regulations, 2012 NOTICE OF CHANGE OF DETAILS To: THE DIRECTOR-GENERAL OF IMMIGRATION INTHE MATTER OF(l) . . . . . . . . . . . . . . . . . . ......... . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .... .. I (2) . . . . . . . . . ........ . . . . . . . . . ...... . . . . . . . . . ...... . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . of (3) ... ............ . . ......... ... ......... ...... ... ... ......... ... .... . . . . . ....... ............. hereby notify your office that on the .......... day of . . . . . . . . . , 20 . . . ..... , my (4) .................................................................................... changed as following Previous Details Current Details Dated this . . . . . . . . . . . . . . . ... day of ... . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . , 20 . . . . . . . . . . . . . Holder FOR OFFICIAL USE ONLY Received by: . . . . . . . . . ...... . . . . . . . . . . . . . . . ..... .. Name of immigration officer Date: . . . ...... . . . . . . . . . . . . . . . ..... , 20 . . . . . . . . . . .. . Signature OFFICIAL STAMP ENDORSEMENT OF REGISTRATION This notice has, this . . . . . . . . . . . . day of . . . . . . . . . . , 20 . . . . . . . . . , been entered in the �egister. Immigration Officer 17th May, 2013 Statutory Instruments 153 FORM VIII (Regulation 13) � REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of 2010) The Immigration and Deportation (Immigration Consultants) Regulations, 2012 NOTICE OF INTENTION TO SUSPEND OR DE-REGISTER IMMIGRATION CONSULTANT To (I) . . . . . . ... ... . . . . . . ..... . . . ... . . . ... ... . . . . . . . . . . . . . . . . . . ......... ... ... .......... ...... IN THE MATTER OF (2) . . . . . . . . . ...... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. you are hereby notified that I intend to suspend /cancel your registration as an immigration consultant on the following grounds: (a) . . . . . . . . . . . . . . ............... . . . . . . .................. . . . . . . ................................ . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . ....... . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . ... . . . . . . ... . . . . . . .. . . . . . . . . . . ... ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . Accordingly, you are requested to appear before the Director-General of Immigration on the . . . . . . . . . . day of . . . .. . . . . . . . . . . . . . . . . .. . . . . ... , 20 . . . .. . . . . . . . ........... . . . . . . . , at (3) . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... . . . ...... . . . . . . . . . . to address the matters set out in paragraphs ... . . . . . . . . . . . . . . . . . . .. . . . . . . .... (above) within (4) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . days of receiving this notice. Your failure to appear before the Director-General of Immigration shaJI result in your removal from the Register of Immigration Consultants. (1) Here insert the full names and address of the holder (2)Here insert the Registration No. (3) Here stale address oflhe Director GeneraJ of lmmigration (4) Here insert the number of days Dated this . . . . . . .. . . . . . . . . . . . . . . . . . . . day of ... ......... . . . . . . . . . . . . . , 20 . . . . . . . . . . . . . Director-General of Immigration *Delete whichever is not applicable OFFICIAL STAMP ENDORSEMENT OF REGISTRATION This Notice has, this . . . ... ...... . . . . . . . . day of ... . . . . . . . . . . . . , 20 ...... . . . . . . , been entered in the Register. Director-General of Immigration 154 Statutory Instruments 1 7th May, 20 13 FoRM IX (Regulation 14 (3)) (1) Here insert the full names and address of holder (2) Here insert the Registration No. i! REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of 2010) The Immigration and Deportation (Immigration Consultants) Regulations, 2�12 NOTICE OF DE-REGISTRATION OF IMMIGRATION CONSULTANT To (!) . . . . . . . . . . . . . . . ........... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ . .. . . . . . .... . IN THE MATTER OF (2) . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . ..... you are hereby notified that your registration as an immigration consultant has been cancelled on the following grounds: (a) . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ............. .. . . . .. . . . . . . . . . . . .. .. . . (c) . . ... .................. ............ . . . . . . .. . . . . . . . ....... . . . . . . . . . . . . . . . . . . . . . ............ .. � . .. . .. . . . ... . . . .... . . .. . .. . . . . ... . . . . . . .. . ... . . . ... . . . ..... . . .. . . . . . . ...... . . . ... . . Dated this ........................... day of ... . . . . . . . . . ... . . . . . . . . . . , 20 ........... .. Director-General o f Immigration OFFICIAL STAMP ENDORSEMENT OF REGISTRATION This Notice, has this ... ...... ..... day of , . . . . . . . . . . . . . . . . ... 20 ... ......... , been entered in the Register. Director-General of Immigration I 7th May, 2013 Statutory Instruments 155 FoRM X (Regulation 1 5 (2)) (I) Here insert the full names and address · of the holder Here insert the Registration No. REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of 2010) The Immigration and Deportation (Immigration Consultants) Regulations, 2012 NOTICE OF SUSPENSION OF IMMIGRATION CONSULTANT To:(!) . . . . . . . . . . . . . . . . . . ....... . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .............. . IN THE MATTER OF (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . yoil are hereby notified that your registration as an immigration consultant has been suspended for ... . . . . . . . . . . . . . . . . . . . . . . . . days on the following grounds: � • • • • • • • • • • • • • • • . • • • • . . . . . . . • .. . . . . • . . . • . • . • . . . . . . . . • . . . . . . . .. . . . . . . . . . . . . . . . ... .• . w ........ .......................................................................... . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . .. . . . . ...... . (d) .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . .. . . . ......... . . . . . . . . . . .. . This notice shall take effect on the . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . .. . . . . . . . , - 20 Verify source ↗
Holding out
AI-assisted research summary: This provision contains a Notice of Appeal form addressed to the Minister and spaces for lodging an appeal against a decision of the Director-General of Immigration.
20 . . . . . . . . . . . . . .... and is subject to the following terms and conditions: � . . . . . . . .. . . . . . . . . ... . . . ... . . . .. . ... . .. . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . .................... . . . . . . . . . . . . . . . . (c) ....... . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . .. . . . .. . . (d) . . . . . . . .. . . . . . . . . . . . . .. ........ . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . ... . . . . . . . . . . Dated this . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 2 0 . . . . . . . . . . . . . Director-General of Immigration OFFICIAL STAMP ENDORSEMENT OF REGISTRATION This Notice has, this . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . , 20 . . . . . . . . . . . . been entered in the Register. Director-General of Immigration • > 156 Statutory Instruments 17th May, .2013 FoRM XI (Regulation 16) REPUBLIC OF ZAMBIA The Immigration and Deportation Act, 2010 (Act No. 18 of 2010) The·Jmmigration and Deportation (Immigration Consultants) Regulations, 2012 ' (!) Here insert the Registration No. (2) Here insert the full names of the holder (3) Here insert residential address of the holder (4) Here insert the decision made by the immigration officer NOTICE OF APPEAL To: The Minister IN THE MATTER OF (!) . . . . . . . . . . . . . . . . . . . ................. ............ ......... . . . . . . . . . . . . I (2) ... ............................................................................. of (3) . . . . . . . . . . . . . . . . do hereby appeal against the following decision of the Director-General of Immigration made on the . . . . . . : . . . . . .... day of . . . . . . ... . . . . . . . . . . :., 20 . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . ........ . . . . . . . ......... . : . . . . . . . . . . ....... . . . . . . : . . . . .. . . . . . . . . . . . . . .. on the following grounds: (a) · · · ······················· · · · · · · ·· · · · ························· · · · · · · . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . ........... . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . · · · · ·· · · · ·· · · · · · · · · · (c) · · · · · · · · · · · · · · · · · · · · · · · · · · · ······ · · · · · · · · · · · · · . . . . . . · ·: · · · . . . . . . . . . . . . . . . . . . . . . .... . (d) . . . . . . . . . . . . . . . . ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . ....... . . . . . . .. . ........ . Dated at . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... this . . . . . . . . . .. . . . . . . . . day of ... . . . . . . . . . . . . .... , ................. ,20 . . . . . . . . . ...... . Signature of Appellant FOR OFFICAJ, USE ONLY This appeal has, this ........ . . . . . . . day of . . . . . . . . . . .. . . . . . . . . . . . . .... , 20 . . . . . . . . . .. . been lodged with the Ministry of Home Affairs. Name of receiving officer Position OFFICIAL STAMP Signature Date . 17th May, 2013 Statutory Instruments 157 : SECOND SCHEDULE (Regulation 18) CODE OF CONDUCT THE IMMIGRATION CONSULTANTS' CODE OF CONDUCT, 2012 ARRANGEMENT OF CLAUSES PART I PRELIMINARY Clauses I. Title - 3 Verify source ↗
Non-application
AI-assisted research summary: Section 3 is titled “Exemption” in Part II on Professional Conduct.
3. Exemption PART II PROFESSIONAL CONDUCT - 2 Verify source ↗
Interpretation
AI-assisted research summary: This section defines key terms used in the Code.
2. In this Code, unless the context otherwise requires- " Act " means the Immigration and Deportation Act, 20 I 0; " authorised person " has the meaning assigned to it in the Interpretation Act No. 18 of2010 Act; " Code " means the Immigration Consultants' Code of Conduct; " Department " has the meaning assigned to it in the Act; " Director-General " means the D irector-General of Immigration; " immigration consultant " has the meaning assigned to it in the Act; and " legal practitioner " has the meaning assigned to it in the Legal Practitioners Act. - 3 Verify source ↗
Non-application
AI-assisted research summary: This Code does not apply to legal practitioners.
3. This Code does not apply to legal practitioners. Cap. 30 Exemption PART II PROFESSIONAL CONDUCT
Part
PART IV
- 29 Verify source ↗
Recovery of payment by client
AI-assisted research summary: Section 29 is titled “Recovery of payment by client.”
29. Recovery of payment by client PART Y ACCOUNTS - 26 Verify source ↗
( 1 ) An immigration consultant shall charge for the
AI-assisted research summary: An immigration consultant must charge fees set by the Director-General and must display the fee scale and other prescribed fees at the business premises.
26. ( 1 ) An immigration consultant shall charge for the immigration consultant's services such fees as may be determined by the Director-General. (2) An immigration consultant shall display the scale of fees and other prescribed fees, for public information, in a conspicuous place at the immigration consultant's place of business. Fees - 27 Verify source ↗
(1) An immigration consultant shall
AI-assisted research summary: An immigration consultant must tell clients the fees, how they are calculated, related payments made on their behalf, and the service terms in writing.
27. (1) An immigration consultant shall--: (a) prior to the commencement of work for a client, inform the client of the fees to be charged and indicate, clearly to the client, and in accordance with this Code, how the total fee shall be calculated; and (b) inform the client of the payments made by the immigration consultant on behalf of the client. (2) The information on fees provided under sub-clause (1) shall include- (a) an estimate of the fees in the form of charges for each hour or each service, and disbursements that the immigration consultant is likely to incur as part of the work; and (b) an estimate of the time likely to be taken in performing a service. (3) An immigration consultant shall - I (a) as soon as practicable after receiving instructions, obtain written acceptance by the client, if possible, of the fees for the work to be done; (b) give the client written confirmation of the terms of the service to be rendered; and ' ) •' • 17th May, 20 13 Statutory Instruments 167 (c) give the client written notice of any material change to the estimated cost of providing the service, and the total likely cost as a result of the change, as soon as the immigration consultant becomes aware of the likelihood of a change occurring. ( 4) An immigration consultant shall advise the immigration consultant's clients of the manner in which the fees and charges are to be paid. - 28 Verify source ↗
(I) A client shall not pay an immigration consultant a fee
AI-assisted research summary: A client must not pay an immigration consultant a fee or other reward for representation unless the consultant first gives the client a statement of services rendered.
28. (I) A client shall not pay an immigration consultant a fee or other reward for representing or otherwise acting on behalf of the client unless the immigration consultant gives the client a statement of services rendered by the immigration consultant. (2) A statement of services referred to in sub-clause (1) shall set out the particulars of each service performed by the immigration consultant and the charge made in respect of each such service. Statement of services - 29 Verify source ↗
A client who makes any payment to an immigration
AI-assisted research summary: A client may recover money paid to an immigration consultant if required service statements are not received.
29. A client who makes any payment to an immigration consultant for services to be rendered by the immigration consultant may recover the amount paid as a debt due to the client if the client- Recovery of payment by client (a) does not receive a statement of services required under clause 28; and (b) does not receive a statement of services within twenty eight days after a final decision is made- (i) concerning any immigration proceedings to which the client is party and in respect of which the immigration consultant was engaged; or (ii) in respect of an application made under the Act. PART Y ACCOUNTS
Part
PART Y
- 30 Verify source ↗
Interpretation
AI-assisted research summary: Section 30 is an interpretation provision titled “Keeping accounts.”
30. Interpretation 3 1 . Keeping accounts - 33 Verify source ↗
Moneys to be paid into client account
AI-assisted research summary: This provision concerns money being paid into a client account.
33. Moneys to be paid into client account - 34 Verify source ↗
Moneys that need not be paid into client account
AI-assisted research summary: This section concerns moneys that do not have to be paid into a client account.
34. Moneys that need not be paid into client account - 35 Verify source ↗
Withdrawal of moneys from client account
AI-assisted research summary: Section 35 is titled “Withdrawal of moneys from client account.”
35. Withdrawal of moneys from client account - 37 Verify source ↗
Inspection ofrecords of client accounts
AI-assisted research summary: This section is titled “Inspection of records of client accounts.”
37. Inspection ofrecords of client accounts PART VI GENERAL PROVISIONS - 30 Verify source ↗
In this Part, unless the context otherwise requires, "client
AI-assisted research summary: An immigration consultant must keep books and accounts that let client money be separated from the consultant’s own money.
30. In this Part, unless the context otherwise requires, "client Interpretation account" meal!s an account opened pursuant to clause 32. 3 1 . An immigration consultant shall keep such books and accounts as may be necessary to distinguish moneys received from, or on behalf of, a client or paid out on behalf of the client from moneys received or paid out by the immigration consultant on the immigration consultant's own account. - 32 Verify source ↗
(1) An immigration consultant who holds or receives money
AI-assisted research summary: An immigration consultant who holds client money must pay it into the proper bank or building society account without undue delay, subject to clause 34, and the account name must include “clients.”
32. (1) An immigration consultant who holds or receives money on account of a client shall, subject to clause 34, without undue delay, pay such money into a current or deposit account at a bank or into a deposit account at a building society, to be kept in the name of the immigration consultant. Keeping accounts Client account 168 Statutory Instruments 1 7th May, 20 13 _ (2) · Tt,e word " clients " shall appear in the ·na�e ofth� account referred to in sub-clause (I). • (3) An immigration consultant may keep,one client account or as many such accounts as the immigration consultant considers appropriate for purposes of this Part. Moneys to be paid into client account - 33 Verify source ↗
An immigration consultant shall hold, in the client account,
AI-assisted research summary: An immigration consultant must keep client money for agreed services in the client account until the services are completed and an invoice is issued.
33. An immigration consultant shall hold, in the client account, any amount of money paid by a client for services agreed .by the client and ,he immigration c_onsult�nt until the immigration consultant has-.- (a) completed the services that constitute the agreed services; and ( (b) issued an invoice to the client for the services. Moneys that need not be paid into client accounts. Withdrawal of moneys from client account Record of client accoui).ts - 34 Verify source ↗
Clause 33 does' not apply to money which
AI-assisted research summary: Clause 33 does not apply to certain money handled by an immigration consultant, and the consultant may withdraw money from the client account for specified client disbursements or mistaken payments.
34. . Clause 33 does' not apply to money which- . •- , . , ' � (a) the client, for the client's convenience, requests, in writing, :· an immigration constilta!lt to withhold from the client's - . . (b) an immigration consultant pays into a separate account or an accouhfto be opened in the �ame of a client or some person named by that client or the duly authorised agent of that client; (c) in the ordinary course ofbusiness, upon receipt, is paid by the immigration consultant on behalf of the client to a thi�d party; . (d) is upon receipt paifl to the client; or (e) is paid to an immigration consultant expressly on account of costs. 3 5. An immigration consultant may, at any time, withdraw inoney from the client account- (a) for disbursements that are required to be paid on behalf of · the clientto the Department or any other agency; or (b) money which may: by mistake or accident; hav� been paid · · into. such account. - 36 Verify source ↗
An immigration consultant shall keep records of the client
AI-assisted research summary: An immigration consultant must keep records of client accounts and related supporting documents.
36. An immigration consultant shall keep records of the client accounts, including� · (a) the date !Ind amount o'f each deposit made to the client' . accounts, an indication of the purpose of the deposit and the client on whose beh�lfthe cleposit is made; ' ,- • l • 1 7th May, 20 1 3 Statutory Instruments 1 69 (b) the date ana amount of each withdrawal made in relation to an individual clieniand 'the name ofeach recipient of money that was withdrawn; (c) receipts for any payments made by the client to the immigration consultant; and (d) copies of invoices or accounts rendered in relation to the account. - 37 Verify source ↗
An immigration consultant shall make available for
AI-assisted research summary: An immigration consultant must make client account records available for inspection by the Director-General.
37. An immigration consultant shall make available for inspection by the Director-General - (a) records of the client accounts; and (b) records of each account into which money paid by a client to the immigration consultant for fees and disbursements are deposited. Inspection of records of client accounts PART VI GENERAL PROVISIONS
Part
PART VI
- 39 Verify source ↗
Consideration of matter by Director-General
AI-assisted research summary: This section gives the short title of the code: Immigration Consultants' Code Title of Conduct, 2012.
39. Consideration of matter by Director-General • 17th May, 2013 Statutory Instruments 1 59 PART I PRELIMINARY I . This Code may be cited as the Immigration Consultants' Code Title of Conduct, 2012. - 38 Verify source ↗
(I) A client or member of the public who has reasonable
AI-assisted research summary: Clients or the public may complain in writing to the immigration consultant, and the consultant must respond and try to resolve it promptly; unresolved matters go to the Director-General.
38. (I) A client or member of the public who has reasonable grounds to believe that an immigration consultant or an employee of the immigration consultant has breached this Code may lodge a complaint, in writing, to the immigration consultant. Lodging and handling of complaint (2) An immigration consultant shall, within seven days of receipt of the complaint referred to in sub-clause ( I), respond courteously to the complainants. (3) An immigration consultant with whom a complaint is lodged under this clause shall, within fourteen days of receipt of the complaint arrange a meeting with the client to resolve the matter. ( 4) A complainant or immigration consultant shall, where a matter is not resolved in an amicable or conclusive manner, refer it to the Director-General. ' 3 9. ( I ) The Director-General shall, where a matter is referred to the Director-General under clause 3 8, set a date to hear both parties which shall not be later than fourteen days from the date of receipt of the complaint. Consideration of matter by Director General (2) The Director-General shall, where it is determined, after hearing the parties, that an immigration consultant has breached this Code or contravened any provision of the Act or any other written law- (a) de-register the immigration consultant; or (b) repo1t the matter to any other relevant authority for further investigations and action. 170 Statutory Instruments 17th May, 2013 . THIRD SCHEDULE (Regulation 20) PRESCRIBED FEES Item Applicaiion for registration Application for renewal of registration Application for duplicate registration Search of the Register l . - 4 Verify source ↗
Application for registration as immigration consultant
AI-assisted research summary: This provision fragment lists fee units: 27,778, 22,222, and 16,667.
4. Fee Units 27,778 22,222 16,667 • � ·,, ... ,l r LUSAKA 7th May, 201 3 [!MHQ.101/6/1] E. LUNGU, Minister of Home Affairs
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Immigration and Deportation (Immigration Consultants) Regulations, 2013
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