Who can give immigration advice in the UK?
Produced in partnership with Gillian McCall of Richmond Chambers
Who can give immigration advice in the UK?

The following Immigration practice note produced in partnership with Gillian McCall of Richmond Chambers provides comprehensive and up to date legal information covering:

  • Who can give immigration advice in the UK?
  • Recent developments
  • Criminal liability
  • Authorisation to provide immigration advice or services
  • The scope of regulated immigration advice and services
  • What is outside the definition of immigration advice?
  • What falls within the definition of immigration services and advice?
  • The Law Society’s Immigration and Asylum Law Accreditation Scheme
  • Registration
  • The responsibilities and remit of the Office of the Immigration Services Commissioner
  • More...

Who can give immigration advice in the UK?

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

Immigration advisers and service providers in the UK are subject to regulation.

Broadly, non-legally qualified immigration advisers are required to register and comply with standards set by the Office of the Immigration Services Commissioner (OISC). Advisers working for an organisation which is appropriately regulated by a designated professional body or a designated qualifying regulator (see below) are not currently required to register with the OISC.

The registration provisions were introduced as there were concerns about the quality of immigration advice in the UK. If an adviser fails to act in the best interests of their client, the consequences for the client can be extremely serious.

In R (Nori) v Secretary of State for the Home Department (SSHD) the court held that the law would not excuse the applicant because he had been let down by his solicitor

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