Terms and Conditions of Engagement

The following terms and conditions are issued with all Client Care Letters (contract of services), to be signed by Nikki de Prey for de Prey Consulting and the client:

  • I have agreed to the above services, for which you have agreed to pay the above fee. If the fee is to increase due to additional unanticipated work I will notify you of such, and gain your agreement to proceed, prior to undertaking the additional work.

 

  • Please be aware that there is an inherent risk in any visa application process. Whilst I will guide you in line with the Immigration Rules and according to the information you share with me, the final decision to issue or refuse your visa rests with UK Visas and Immigration (UKVI).  The decision UKVI make and the processing time taken by UKVI are not within my control.  Should your application with UKVI be refused solelydue to negligence on my part in the correct application of the Immigration Rules, your fee for my services will be refunded in full by de Prey Consulting.  Your application fee paid to UKVI, however, will not be refunded by de Prey Consulting: please note that UKVI does not refund application fees for refusal decisions nor where the application is withdrawn.

 

  • I strongly recommend that you do not purchase flights to the UK (where applicable) before you have your visa and passport in hand.

 

  • (For Points Based System applications made outside the UK):Should your application with UK Visas and Immigration be refused, and you wish to render my services in preparation of a request for Administrative Review, an additional fee will be charged and a fresh Client Care Letter (contract) will be issued.

 

  • The Office of the Immigration Services Commissioner (OISC) may examine this file at any time.

 

  • Your information will be protected under the Data Protection Act (DPA); I am the data controller for the purposes of the DPA, registered with the Information Commissioner, number ZA032033 (see ico.gov.uk).Your information will not be shared with anyone outside de Prey Consulting except as required by UK law and the OISC.

 

  • I will retain your data for 6 years. This is a requirement of the Regulator, The Office of the Immigration Services Commissioner (OISC). I retain any third-party data we receive for a period of three years

 

  • You consent to the destruction without further warning of all physical files and papers on expiry of my data retention period.

 

  • In the event that you wish to exercise your right of erasure, I will be pleased to comply with your request provided the last movement in your case has exceeded my minimum retention periods. If you wish to exercise your right of erasure you must write to me to advise me of this (I will not accept such instructions verbally or by email or telephone). Your instructions to me must also be signed by all parties involved in a transaction or case.

 

  • I have prepared and published a Privacy Statement on my website. My Privacy Statement sets out the lawful basis of processing your data (which, in the case of my representing you or acting on your behalf in a legal matter, is the Contract constituted by these Terms and Conditions) and sets out your rights in relation to that data. If you cannot access my website, please ask me to send you a paper or digital copy of our Privacy Statement.

 

  • I am bound to protect and keep confidential your data, but inevitably, to enable me to properly represent your interests and conduct business on your behalf, I have to disclose some information to third parties. Some examples of such third parties are the immigration authorities, any prospective employers, medical practitioners. This is not an exhaustive list but merely an indication of the range and extent of third parties to whom your data is disclosed.  I also engage third parties to process data on my behalf. Where I do so, such third parties are bound by the terms of Article 28 of the GDPR in respect of their data processing contract with me. My Privacy Statement lists those third parties who will process your personal data on my behalf.  By instructing me, you consent to my disclosing such information as is reasonable and necessary for the purpose of carrying out your instructions.

 

  • I recognise that Alternative Dispute Resolution Regulations have implemented ADR/EDR Directive 2013/11/EU to promote alternative dispute resolution as a means of redress for consumers in relation to unsatisfactory services. I have however chosen not to adopt an ADR process and if you have any concerns about the services you receive from me you should contact me.

 

  • The Agreement shall be construed and interpreted under, and in accordance with the laws of Scotland.  The Parties, through their execution hereof, hereby consent to the exclusive jurisdiction of the Scottish courts for any disputes arising thereunder, including any disputes arising from the services to be performed thereunder.

About Nikki de Prey

de Prey Consulting is an immigration consultancy based in Edinburgh, UK. Nikki advises clients on the variety of visa applications for entering or remaining in the UK. For more information read about her background in About dPC.