Immigration and Deportation (Immigration Consultants) Regulations, 2013

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.

Section 5 is titled “Maintenance of reputation and integrity of profession.”

Section title about dealings with another immigration consultant.

This section prohibits soliciting another immigration consultant’s clients.

This section is titled “Restriction on taking over another immigration consultant's work.”

Heading only; no operative rule text is provided.

Incomplete information must not be submitted.

This section prohibits false, incorrect, or misleading statements.

This section prohibits dealing with an unauthorised person.

This section is about prohibiting coercion, undue pressure, and physical threats.

Section 17 is titled “Advertising immigration consultancy services.”

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.

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.

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.

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.

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consultant unless the client gives written notice saying the client no longer needs the first consultant and has withdrawn instructions.

Immigration consultants must have a registered business place, display the Code at that place, and avoid or respond to conflicts of interest with clients.

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.

A request for further information about an application under regulation 4 must be made in Form II.

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.

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.

An immigration consultant registered person must display the registration prominently at the place of business.

A renewal application must be made to the Director-General at least 90 days before the registration expires, using Form V.

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.

Registered persons must notify the Director-General of any changes in their registration details, using Form VII in the First Schedule.

A notice that someone intends to suspend or de-register an immigration consultant must be made in Form VIII.

The Director-General must cancel an immigration consultant’s registration in specified cases and must let the consultant be heard first.

The Director-General may suspend an immigration consultant before cancelling the consultant’s registration, and a suspended consultant must not practise during the suspension.

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.

The Director-General must regulate immigration consultants according to the Code and promote good practice.

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.

A person must not make unauthorized changes to the Register or use fraud, misrepresentation, or concealment to obtain registration.

A person must not employ an immigration consultant who is suspended, unregistered, removed from the Register, or disqualified from registration.

Fees set out in the Third Schedule must be paid for the matters listed there.

Section 18 is titled “Obligations of immigration consultant to client.”

This provision fragment refers to frivolous and vexatious applications and to changing the details of an immigration consultant.

Section 24 is about a request to return a client's documents.

This section is titled “Prohibition of withholding client’s passport.”

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.

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.

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.

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.

A client may ask a terminated immigration consultant to return the client’s documents, and the consultant must do so within 7 days.

An immigration consultant must not withhold a client’s passport or other documents after services under this Part have been terminated.

The source text is incomplete or garbled and does not clearly state a rule.

The text lists address and contact details fields, including physical/postal address, telephone, fax, mobile phone, and email address.

The form asks the applicant to provide details about prior immigration consultant registration, any entry restrictions or deportation/repatriation, and any criminal convictions.

The text lists TPINNO and business address details, including physical and postal address.

This section refers to employee details for each branch, including NRC or passport number, date of birth, and full names.

An applicant for registration as an immigration consultant must declare that the application information is true, correct, and complete.

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.

This provision mentions address details, including physical address and postal address.

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.

An applicant must declare that the application information is true, correct, and complete, and should not withhold relevant information.

This section lists fields for a registration number and address, including physical and postal address.

This section lists contact details fields: telephone number, fax number, mobile phone number, and email address.

This provision provides forms for immigration consultant registration notices, including change of details, intended suspension or de-registration, de-registration, and suspension.

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.

Section 3 is titled “Exemption” in Part II on Professional Conduct.

This section defines key terms used in the Code.

This Code does not apply to legal practitioners.

Section 29 is titled “Recovery of payment by client.”

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.

An immigration consultant must tell clients the fees, how they are calculated, related payments made on their behalf, and the service terms in writing.

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.

A client may recover money paid to an immigration consultant if required service statements are not received.

Section 30 is an interpretation provision titled “Keeping accounts.”

This provision concerns money being paid into a client account.

This section concerns moneys that do not have to be paid into a client account.

Section 35 is titled “Withdrawal of moneys from client account.”

This section is titled “Inspection of records of client accounts.”

An immigration consultant must keep books and accounts that let client money be separated from the consultant’s own money.

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.”

An immigration consultant must keep client money for agreed services in the client account until the services are completed and an invoice is issued.

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.

An immigration consultant must keep records of client accounts and related supporting documents.

An immigration consultant must make client account records available for inspection by the Director-General.

This section gives the short title of the code: Immigration Consultants' Code Title of Conduct, 2012.

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.

This provision fragment lists fee units: 27,778, 22,222, and 16,667.