Terms, Conditions & Privacy Policies

Disclaimer

The information on this website does not constitute professional advice and is provided for general information purposes, without giving any warranty of any kind, either expressed or implied. The copyright of all materials on this website is owned by Breytenbachs Immigration Consultants Limited. Any pages contained within this website may be downloaded or printed for personal use. No material within this website may be distributed or copied for commercial purposes.

Regulated by the OISC

Breytenbachs Immigration Consultants Limited is regulated by the Immigration Services Commissioner. Reference number F201000144.

Private Limited Company

Breytenbachs Immigration Consultants Limited is incorporated under the Companies Act 2006 as a private company limited by shares, and the situation of the registered office is in England and Wales.

Fleet House

8 – 12 New Bridge Street
London
EC4V 6AL
UNITED KINGDOM
Tel: +44 (0) 207 442 2160

[email protected]

Company No. 7043527.

Pricing Policy

Breytenbachs Immigration Consultants’ prices have been fixed for you, our client, in mind. Our fees are competitive and reasonable so that you can receive affordable and expert advice from our OISC registered consultants.

Our fees are lower than you will find from many other London firms. Our central London location brings you the convenience without the cost.

We will do everything possible to ensure the success of your application or case. We never file an immigration application unless we have given you a very clear assessment of the chances of success. If we do not believe your application is likely to be approved, we will inform you beforehand, so that you can decide whether you wish to proceed or not.

You can also be confident that you are getting friendly, professional advice from OISC registered consultants. We will provide you with the very latest information and best advice for your unique circumstances.

Unlike many solicitors and visa agencies, that are only prepared to give general estimates, we provide you with a fixed quote for all work we will undertake on your behalf so that you can have peace of mind and plan accordingly.

In circumstances where we are not able to provide a fixed quote, we will inform you in advance.

Our consultation fees are deductible from your final fee if you instruct us within three months of your consultation.

No Visa, No Fee

At Breytenbachs, we pride ourselves on the quality of our work; our expert advisors will give you honest and constructive feedback on your case to ensure you are entirely satisfied before we begin your immigration journey together. To demonstrate the confidence we have in our abilities, we guarantee our work. This means that, in the unlikely event that your permit or visa is refused, we will refund our professional fees in line with our Terms, Conditions, and Exclusions. We ensure that every element of our work is of a highly professional standard, and we will not submit an application if we do not believe there is a high chance of success.

We call this our No Visa, No Fee Guarantee (NVNF Guarantee). 

There may be an occasion where our experienced advisors believe that an application carries a risk of refusal, should this be the case we will always make this clear to the client both verbally and in writing before we act. If despite this warning, the client still wishes to move forward and submit the application, we will be unable to extend our NVNF Guarantee to cover their matter.

We do not work on credit 

Our NVNF Guarantee means that if a guaranteed application is refused, we will refund our professional fees. This does not mean that we work on credit. Full payment of our professional fees has to be made by a client before we submit any permit or visa application.

Consultation Fees 

Our consultations are a preliminary meeting with a qualified advisor to discuss your matter and have a separate charge from our aforementioned professional fees. At this stage, the consultant will decide whether your application will be guaranteed or if it falls for the risk of refusal. Due to the nature of this meeting, our NVNF Guarantee does not extend to cover the consultation fee and is therefore not refundable under any circumstances.

Appeals, Administrative Reviews & other very complex cases 

Due to their nature, UK appeals, Administrative Reviews, and other complex levels 3 matters always have an uncertain outcome. We, therefore, cannot extend our NVNF Guarantee to cover these matters.

Confirmation of the No Visa, No Fee guarantee

As previously mentioned, your immigration consultant will confirm if you qualify for the NVNF Guarantee. If you do not receive the NVNF Guarantee and believe that you are eligible, we welcome you to discuss this with your immigration consultant.

There are sometimes occasions where an NVNF Guarantee is provided, but at a later stage, new critical information arises, or we find that false information has been provided to us. Should this happen, we will be obligated to withdraw the NVNF Guarantee and will notify you of this change. We pride ourselves on our honesty and integrity and ask our clients to offer us the same when providing information and evidence.

Other Exclusions 

As mentioned above, some circumstances hold a risk of refusal, and therefore will not be covered by our NVNF Guarantee.

Please see below a non-exhaustive list of circumstances not covered by our NVNF Guarantee.

• Where an applicant has contravened the Immigration Rules in any way or has overstayed the validity of their visa at any stage. This includes any infringement of national or international immigration laws, be it in the UK or another country.
• Where false information or documentation has been provided, this includes misleading information, materials, and inaccurate personal identity information.
• Where applicants have purposely omitted revealing relevant information to their immigration consultant, whether directly or indirectly, or should they have reasonably foreseen said information could negatively influence the outcome of their visa decision.
• Where applicants fail to keep us informed of relevant changes to their circumstances, and such changes can influence the outcome of a visa decision.

Kindly note that should our advisers become aware of the above at a later stage, they have complete discretion to withdraw the NVNF Guarantee.

We believe in our work, and we want to give you the confidence and peace of mind that your case is in the safe hands of our advisers. We hope that our NVNF Guarantee gives you this comfort in our capabilities.

VAT

Applicants who are resident outside the European Union are not liable to pay VAT. If you are however applying from within the UK or the European Union, VAT of 20% will be charged on all transactions.

Refund Policy

Under the Consumer Protection (Distance Selling) Regulations 2000, for some non-business instructions that are agreed without a meeting, you may have the right to withdraw, without charge, within 7 working days of the date on which you asked us to act for you. However, if we start work with your consent within that period, you lose that right to withdraw. Your acceptance of these terms and conditions of business will amount to such consent. If you seek to withdraw instructions, you should give notice by telephone, email or letter to the person named in these terms of business as being responsible for your work. The Regulations require us to inform you that the work involved is likely to take more than 30 days.

If you have further queries regarding our refund policy, please contact JP Breytenbach, who will look into your matter.

Quality service and insurance details

In all our dealings with our clients, we aim to provide high-quality service and to find out what our clients require. We try to work quickly and efficiently, and we hope you find us friendly and approachable. At the end of the transaction, we hope you will agree our fee represents good value for money. Any positive suggestions to improve our services in order to make it easier for our clients to work with us are always welcomed and genuinely appreciated.

Indemnity insurance

We maintain professional indemnity insurance in accordance with the rules of the OISC. Details of the insurers and the territorial coverage of the policy are available for inspection at our offices at the address shown on the “Contact us” pages.

Privacy Policy – Breytenbachs Immigration Consultants Ltd

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our	Breytenbachs Immigration Consultants Ltd
Our data protection officer	The Data Protection Officer [email protected]
Personal data	Any information relating to an identified or identifiable individual
Special category personal data	Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic and biometric data Data concerning health, sex life or sexual orientation

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.

Personal data we will collect

Personal data we may collect depending on why you have instructed us

Your name, address and telephone number.   Information to enable us to check and verify your identity, e.g., your date of birth or passport details. Electronic contact details, e.g., your email address and mobile phone number. Information relating to the matter in which you are seeking our advice or representation. Your financial details so far as relevant to your instructions. Information about your use of our IT, communication and other systems, and other monitoring information, e.g., if using our secure online client portal.

Your National Insurance and tax details Your bank and/or building society details.Details of your professional online presence, e.g., LinkedIn profile.Details of your spouse/partner and dependants or other family members, e.g. if you instruct us on a family matter.Your employment status and details including salary and benefits, eg if you instruct us on a matter related to your employment or in which your employment status or income is relevant.   Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, eg, if you instruct us on an immigration matter. Details of your pension arrangements, e.g., if you instruct us on a matter about financial arrangements following the breakdown of a relationship, or where relevant to your matter. Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), e.g. if you instruct us on a matter related to your employment or in which your employment records are relevant. Your racial or ethnic origin, gender, and sexual orientation, religious or similar beliefs, if relevant in a matter. Your trade union membership, eg, if relevant to your matter. Your medical records, if relevant to the matter you are instructing us.

This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How your personal data is collected

We collect most of this information from you directly or via our secure online client portal.

However, we may also collect information:

1. From publicly accessible sources.
2. Directly from a third party,

• sanctions screening providers;
• credit reference agencies
• client due diligence providers;

3. From a third party with your consent, e.g.:

• your bank or building society, another financial institution or advisor;
• consultants and other professionals we may engage about your matter;
• your employer and/or trade union, professional body or pension administrators;
• your doctors, medical and occupational health professionals;
• Via our wbsite. Please note that we use cookies on our website.

4. Via our information technology (IT) systems, e.g.:

• Case management, document management, and time recording systems;
• Door entry systems and reception logs;
• Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.
• Online client consultation forms and online assessment forms.

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.:

1. To comply with our legal and regulatory obligations;
2. For the performance of our contract with you or to take steps at your request before entering into a contract;
3. For our legitimate interests or those of a third party; or where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal data for and our reasons for doing so:

What we use your personal data for	Our reasons
To provide legal services to you.	For the performance of our contract with you or to take steps at your request before entering into a contract.
Conducting checks to identify our clients and verify their identity. Screening for financial and other sanctions or embargoes. Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator.	To comply with our legal and regulatory obligations.
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies.	To comply with our legal and regulatory obligations.
Ensuring business policies are adhered to, e.g., policies covering security and internet use.	For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you.
Operational reasons, such as improving efficiency, training and quality control.	For our legitimate interests or those of a third party, i.e., to be as efficient as we can so we can deliver the best service for you at the best price.
Ensuring the confidentiality of commercially sensitive information.	For our legitimate interests or those of a third party, i.e., to protect our intellectual property and other commercially valuable information. To comply with our legal and regulatory obligations.
Statistical analysis to help us manage our practice, e.g. about our financial performance, client base, work type or other efficiency measures.	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can delivery the best service for you at the best price
Preventing unauthorised access and modifications to systems.	For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you. To comply with our legal and regulatory obligations.
Updating and enhancing client records.	For the performance of our contract with you or to take steps at your request before entering into a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g., making sure that we can keep in touch with our clients about existing and new services.
Statutory returns.	To comply with our legal and regulatory obligations.
Ensuring safe working practices, staff administration and assessments.	To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you.
Marketing our services and those of selected third parties to existing and former clients; third parties who have previously expressed an interest in our services; and third parties with whom we have had no previous dealings.	For our legitimate interests or those of a third party, i.e., to promote our business to existing and former clients.
External audits and quality checks, e.g. for OISC or Investors in People accreditation and the audit of our accounts	For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards. To comply with our legal and regulatory obligations.

The above table does not apply to special category personal data, which we will only process with your explicit consent.

Promotional communications

We may use your personal data to send you updates (by email, text message, telephone or post) about legal or immigration developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services or products.

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations outside the Breytenbachs Immigration Consultants Ltd group for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

1. contacting us by [email protected]
2. Using the unsubscribe links at the bottom of our email newsletter communication.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal data with

We routinely share personal data with:

• Professional advisers who we instruct on your behalf or refer you to, e.g., barristers, medical professionals, accountants, tax advisors or other experts;
• Other third parties where necessary to carry out your instructions, eg Companies House;
• Breytenbachs Immigration and Property Services PTY Ltd.
• Our insurers and brokers;
• External auditors, eg in relation to OISC accreditation and the audit of our accounts;
• Our bank (s);
• External service suppliers, representatives and agents that we use to make our business more efficient, eg document collation, data storage or analysis suppliers;

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We will not share your personal data with any other third party.

Where your personal data is held

Information may be held at our offices and those of our Breytenbachs Immigration and Property Services (PTY) Ltd, third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:

1. To respond to any questions, complaints or claims made by you or on your behalf;
2. To show that we treated you fairly;
3. To keep records required by law.

We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data.

When it is no longer necessary to retain your personal data, we will delete or anonymise it.

Transferring your personal data out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), eg:

1. With our affiliate offices outside the EEA;
2. With your and our service providers located outside the EEA;
3. If you are based outside the EEA;
4. Where there is an international dimension to the matter in which we are advising you.

These transfers are subject to special rules under European and UK data protection law.

Some non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission.

Your rights

You have the following rights, which you can exercise free of charge:

Access	The right to be provided with a copy of your personal data.
Rectification	The right to require us to correct any mistakes in your personal data.
To be forgotten	The right to require us to delete your personal data—in certain situations.
Restriction of processing	The right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data.
Data portability	The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object	The right to object: —at any time to your personal data being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

1. Complete a data subject request form, available from our Data Protection Officer.
2. Email, call or write to our Data Protection Officer. Please see below  – ‘How to contact us’; and
3. Let us have enough information to identify you, e.g. your full name, address, client matter and matter reference number; and
4. Proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
5. Let us know what right you want to exercise and the information to which your request relates.

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that we OR our Data Protection Officer can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: [0303 123 1113].

Changes to this privacy policy

This privacy policy was published on 24 May 2018 and last updated on 19 July 2021.

We may change this privacy policy from time to time.

Cookies Policy

Our website uses cookies. Cookies are text files placed on your computer to collect standard internet log information and visitor behaviour information. These cookies allow us to distinguish you from other users of the website which helps us to provide you with a positive experience when you browse our website. These cookies also allows us to improve our site.

Refusing the use of cookies

You can prevent your browser from accepting certain cookies, have the browser require your consent before a new cookie is placed in your browser, or block cookies altogether by selecting the appropriate settings on your browser privacy preferences menu.

Here are some links that will assist you to find the settings for some common browsers. Note that we are not responsible for the content of any external website.

• Manage cookie settings in Chrome and Chrome Android and Chrome iOS
• Manage cookie settings in Safari and Safari iOS
• Manage cookie settings in Firefox
• Manage cookie settings in Internet Explorer
• Manage cookie settings in Opera

How to contact us

Please contact us and/or our Data Protection Officer by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Our contact details     Breytenbachs Immigration Consultants Ltd Fleet House 8 – 12 New Bridge Street London EC4V 6AL UNITED KINGDOM [email protected] +44 207 442 2160	Our Data Protection Officer’s contact details   The Data Protection Officer Breytenbachs Immigration Consultants Ltd Fleet House 8 – 12 New Bridge Street London EC4V 6AL UNITED KINGDOM [email protected] +44 207 442 2160

Data Protection for Recruitment

Our data protection notice for recruitment explains what personal data (information) we will hold about you, how we collect it, and how we will use and may share information about you during the application process. We are required to notify you of this information, under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information about you.

Privacy Policy – Breytenbachs Immigration Consultants (Pty) Ltd – South Africa

Privacy Policy

You can download the Privacy Policy of Breytenbachs Immigration Consultants (Pty) Ltd as prescribed by the provisions of the South African Protection of Personal Information Act of 2013 below.

Promotion of Access to Information Act Manual

You can download the Promotion of Access to Information Act Manual of Breytenbachs Immigration Consultants (Pty) Ltd as prescribed by the provisions of the South African Protection of Personal Information Act of 2013 below. This manual explains how you can request information from us, and how our Information Officer deals with requests.

Free Advice Policy

We believe that free advice given over the telephone on the basis of a brief conversation is often dangerous as it is necessary to obtain the full facts of a case before advising. Sometimes seemingly irrelevant information can make or break a case.

It should also be mentioned that we have unfortunately found that some people in the past tended to abuse our free advice policy. This deflected the attention of our qualified staff away from our existing clients. Our aim is to satisfy the needs of our clients without distraction. It is, therefore, obvious that we cannot give free advice to people who are not clients of the firm or who do not wish to become clients. If you have a very brief query, we will endeavour to assist you free of charge although we do reserve the right to refuse free advice.

For more detailed advice and in-depth assistance we recommend that you rather make use of one of our assessment options at a nominal rate, which will be deducted from your application fee, should you apply within three months of our consultation.

We also suggest that you first have a look at our website before you contact us for free advice.

Guide dogs policy

Guide dogs are allowed and welcomed in all Breytenbachs Immigration Consultant offices.

Note, however, that all the buildings where our offices are located have policies prohibiting the entry of any animals other than guide dogs.

Thank you for your understanding and cooperation.

Governing Law

Our Terms and Conditions are governed by and construed in accordance with the law of England & Wales.