Which reserved activities do I have to deliver via a regulated entity?
Ans: The following reserved and regulated legal services must be delivered via a regulated entity:
You can make an application to CILEx Regulation for your entity to be regulated.
- Conduct of litigation;
- Rights of audience;
- Probate activities;
- Reserved Instruments (conveyancing); and
- Immigration advice and services.
I want to conduct Immigration but I am not a Fellow yet. Can I still apply for Immigration Practice Rights now?
Ans: You cannot be authorised as an Immigration Practitioner until you have been admitted to CILEx as a Chartered Legal Executive (Fellow), so you need to obtain this status first before commencing your application.
Has the Immigration Register been reopened?
Ans: You are now able to apply to become an Immigration Practitioner by meeting the details of the immigration practice right scheme.
All members currently listed on the register will have the opportunity to submit applications to become Immigration Practitioners, but only after they have obtained the status of Fellow.
Immigration Practitioners will be listed on a new directory of members with practice rights rather than a separate register and those members on the Immigration Register will transfer across as they obtain the practice right.
Can I transfer from the Office of the Immigration Services Commissioner (OISC)?
Ans: We can only regulate firms owned by Authorised Persons as defined by s18 of the Legal Services Act. Those persons who have OISC Level 3 status have this under the Immigration and Asylum Act 1999. Therefore they are not classed as Authorised Persons.
If I do Personal Injury work, will I be able to register for the Claims Portal?
Ans: Yes, you can register for this in the same way as a solicitor's firm. You just need to enter your entity name exactly as it appears on the Authorised Entity Register, then add your entity number under Organisation Number. This will enable them to verify your details to our register.
Will I be able to gain access to lenders' panels?
Ans: In recent years CILEx has been in contact with a wide range of financial institutions to ensure that they are aware of our ability to offer Practice Rights in conveyancing. CILEx Regulation is continuing this work through discussions with representatives from lender panels to gain ‘in principle’ agreement that CILEx members with Conveyancing Practice Rights will be able to apply to such panels. However, access to the panel remains in the lenders' control.
Whilst being able to apply to a lender panel is obviously vital, you will need to be able to satisfy the criteria set down by the individual lenders. These are likely to include qualifications, experience and prior conduct. You will need to demonstrate that you have been involved in a sufficient volume of transactions in the preceding twelve months to your application and that this volume of transactions is likely to continue in the new firm.
Lenders are reluctant to share the criteria for panel access for commercial confidentiality reasons. Any absence from active conveyancing work in the twelve months prior to applying to a lender panel will make it difficult to meet the threshold. Therefore, think carefully about the timing of your application for access to lender panels and entity authorisation.