The Code includes clauses relating to the supervision agreement between a full and provisional licence holder, the roles and responsibilities of the supervisor and the roles and responsibilities of the provisional licence holder.
Section 19(5) of the Immigration Advisers Licensing Act 2007 (the Act) requires that a person who holds a provisional licence must work under the direct supervision of an immigration adviser who holds a full licence.
Direct supervision must continue when the primary supervisor is away or unavailable. The supervision agreement may include provision for an alternative full licence holder to provide direct supervision in the absence of the primary supervisor.
A provisional licence holder and their supervisor must have a supervision agreement in place that is approved by the Registrar of Immigration Advisers.
The provisional licence applicant must develop a supervision agreement with their proposed supervisor and provide a signed copy of their agreement to the Registrar with their licence application. See the Authority’s Supervision Toolkit for more information about submitting this information to the Authority.
The Registrar has developed a model supervision agreement to assist provisional applicants and their supervisors to develop their agreement.
The Registrar stipulates that, to be approved, all supervision agreements must contain:
- the names and details of each party to the agreement
- the purpose of the agreement
- details of the supervision arrangement, including details of how direct supervision will take place
- the agreement of the employer of the provisional licence holder and/or the supervisor, where neither party is the employer
- who will bear any fair and reasonable costs of the supervision arrangement
- a new professional development plan for the provisional licence holder
- the roles and responsibilities of the provisional licence holder and the supervisor
- agreement by both parties to abide by the Code
- any conflicts of interest either party may have, or close personal relationship the two parties may have with each other and how they will manage these
- agreement on how disputes will be resolved
- agreement to keep records relating to the supervision arrangement for inspection by the Authority
- a notice period for termination by either party
- the date and signatures of both parties and the provisional licence holder’s employer (if this is not the supervisor) and the supervisor’s employer (if applicable).