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A visa refusal can cost far more than the application fee. There is lost time, a mark on future applications and, for some, the prospect of having to leave the country. Many of these problems start well before the Home Office opens a file. They start with advice from someone who was never permitted to give it.
Immigration advice is one of the few areas of UK legal work where the law sets out exactly who may help you, and how far that help can go. That framework matters to anyone seeking advice, and to anyone hoping to work in the sector.
Who Is Allowed to Give Immigration Advice?
Under the Immigration and Asylum Act 1999, only “qualified persons” may provide immigration advice or services in the UK. In practice, that means advisers registered with the Immigration Advice Authority (IAA), or lawyers authorised by bodies such as the Solicitors Regulation Authority, the Bar Standards Board or CILEX Regulation.
The IAA was known as the Office of the Immigration Services Commissioner (OISC) until January 2025. It regulates advisers who are not lawyers, working in commercial firms, charities and community groups.
Advising without authorisation is a criminal offence under section 91 of the Act, punishable by a fine, imprisonment or both. Advertising immigration services before registration is approved is also an offence. The rules apply whether or not the adviser charges a fee.
Three Levels, Each With Clear Limits
The IAA registers advisers at one of three levels, linked to the complexity of the work.
Level 1 (Advice and Assistance) covers straightforward applications where the applicant plainly meets set criteria. Discretionary cases, or those involving a difficult immigration history, fall outside it.
Level 2 (Casework) adds asylum claims and more complex matters, such as overstayers and removal cases. Advisers can lodge an appeal but cannot represent the client at the hearing.
Level 3 (Advocacy and Representation) allows advisers to prepare and present cases before the First-tier and Upper Tribunal.
These limits protect clients in a practical way. A competent adviser recognises when a case has outgrown their authorisation and refers it to someone at the right level, rather than stretching beyond it.
The Standards Behind Every Registration
Registration brings ongoing duties. Regulated organisations must follow the IAA’s Code of Standards, hold professional indemnity insurance and run a written complaints procedure. Clients should receive a client care letter explaining what the adviser will do, what it will cost and how to complain.
Advisers must also record continuing professional development each year. Immigration rules change often, and guidance that was right last year may not be right today.
Oversight appears to be tightening. The IAA’s first annual report, covering 2024/25, recorded 182 complaints against regulated advisers, double the previous year’s figure. It also reported 84 audits and 41 investigations into unregulated advisers. Unauthorised practice is not a uniquely British problem either, as a recent US tax preparer case showed.
Training, Assessment and Authorisation Are Not the Same Thing
For anyone weighing up a career in this field, the route in has three separate stages. They are often confused.
The first is training. IAA guidance expects Level 1 applicants to have completed up-to-date immigration law training with a professional provider, normally within the past 12 months. Applicants usually also need around three months of immigration advice experience, or six months in wider advice work such as housing or debt. Many gain this while supervised by a registered adviser or a solicitor. For many candidates, preparation begins with an iaa level 1 training course, followed by practice on written scenarios.
The second is the competence assessment. At Level 1, this is an open-book online exam with 20 multiple-choice questions and a section of written scenario answers. The pass mark is 60%, with one attempt per application. A fail means the application is refused.
The third is authorisation. Passing the exam does not allow anyone to give advice. The IAA still reviews fitness, experience and the employing organisation, and advisers must wait for formal approval. The regulator currently warns this can take up to six months.
Avoiding the Costly Mistake of an Unregulated Adviser
The simplest safeguard for anyone seeking help is to check the IAA’s online register before handing over documents or money. It lists every authorised organisation and the level each adviser holds. Solicitors can be checked through the SRA.
Regulation cannot promise a successful application. What it does is set a clear standard people can expect, and give them a route to complain when that standard is not met. For new advisers, the same rules define what competent and ethical practice looks like from day one.
