Immigration Advice Authority to get new powers to tackle rogue advisers; practice note on immigration assistance outlines types of assistance requiring regulation
In a press release published yesterday, the Home Office announced that individuals without proper authorisation posing as immigration lawyers or advisers will face fines of up to £15,000 under new measures to be introduced in the Government's Border Security, Asylum and Immigration Bill.
Image credit: UK GovernmentThe Immigration Advice Authority (IAA), which replaced the Office of the Immigration Services Commissioner (OISC), will be given new powers under amendments to the Bill to issue financial penalties against unregistered advisers and firms.
The new powers will also close a loophole that previously allowed banned advisers to continue offering services under supervision. The Bill, which aims to strengthen enforcement against immigration abuses, would further empower the IAA to suspend advisers suspected of serious misconduct and compel former advisers to cooperate with investigations into past behaviour.
According to the Home Office, the measures are in response to growing evidence that unregulated advisers are providing poor or fraudulent advice to migrants, sometimes exploiting their desperation for financial gain.
Angela Eagle, the Minister for Border Security, commented: "Shameless individuals offering immigration advice completely illegally must be held to account. That is why we are introducing these tough financial penalties for rogue firms and advisers, better protecting the integrity of our immigration system as well as vulnerable people in genuine need of advice … This will build on the vital work of the Immigration Advice Authority in regulating the immigration advice sector."
Meanwhile, the IAA issued a new practice note earlier this month providing important clarification for individuals and organisations supporting people with immigration matters. The 14-page immigration assistance practice note sets out the types of assistance that can be lawfully provided without regulation, and clearly distinguishes activities that require formal registration with the IAA or another approved regulator such as the Solicitors Regulation Authority or the Bar Standards Board.
The practice note highlights that giving immigration advice – meaning offering an opinion on someone's individual immigration situation – requires regulation under the Immigration and Asylum Act 1999. Similarly, taking action on behalf of an individual, such as making applications to the Home Office, constitutes an "immigration service" and also requires regulation. However, the document makes clear that providing general information, signposting to official resources, assisting with form-filling under clear instructions, and supporting individuals in accessing public services without advising on immigration status, can all be done without regulation.
Practical examples are included to help voluntary organisations, community groups, employers, and individuals understand where the line is drawn. The practice note also addresses issues like second-tier advice, technical support with eVisa systems, and the limited exemptions available to certain employers and educational bodies.
Anyone who has read the practice note but remains unsure whether their activities require authorisation is encouraged to contact the IAA for further guidance. Contact details are provided in the practice note.