Guidance

IAA adviser registration explained

Updated 12 August 2026

1. Understanding immigration advice 

1.1 What is immigration advice or services? 

Immigration advice: 

Under the Immigration and Asylum Act 1999 (as amended), (referred to as “The Act,” throughout this document) immigration advice is defined as “advice given to an individual about one or more relevant immigration matters, where the adviser knows that the advice relates to that particular individual”. 

This does not include advice connected to representing an individual in criminal proceedings or in matters ancillary to those proceedings. 

Relevant matters include:  

• a claim for asylum 

• an application for an electronic travel authorisation (ETA) 

• an application for, or variation of, entry clearance or permission to enter or stay in the UK 

• an application for an immigration employment document 

• unlawful entry into the UK 

• nationality and citizenship under UK law 

• removal or deportation from the UK 

• an application for bail under the Immigration Act or the Special Immigration Appeals Commission Act 1997 

• an appeal or judicial review relating to any decision connected to the above matters 

Immigration services: 

Under The Act, immigration services are defined as making representations on behalf of an individual in connection with one or more relevant matters, either: 

• in civil proceedings before a UK court, tribunal, or adjudicator 

• in correspondence with a Minister of the Crown or a government department 

These activities are regulated when carried out in the course of business, whether or not for profit - this includes occasional assistance offered to community members.  

Organisations providing these services as an ancillary activity (for example, local authorities assisting benefit claimants with applications for variation of leave) must still be regulated by the IAA. 

Second-tier advice refers to guidance provided by one advice service to another. If you only offer second-tier advice or signpost clients to other advisers, you do not need to register with the IAA. 

For further details and additional guidance on relevant matters, see the Commissioner’s clarification on the IAA’s jurisdiction. 

1.2 What is the role of an immigration adviser? 

An immigration adviser is an authorised professional who supports individuals in understanding and navigating the UK immigration system. Advisers explain available options, assist with preparing applications, make representations, evaluate available evidence, and provide tailored guidance based on each person’s circumstances.  

Only advisers registered with the IAA, or approved by other legal services regulators, are legally permitted to provide immigration advice and/or services in the UK. The other legal regulators include: 

• Solicitors Regulation Authority (SRA) 

• Bar Standards Board (BSB) 

• CILEX Regulation 

• The Law Society of Scotland 

• Faculty of Advocates (Scotland) 

• The Law Society of Northern Ireland 

• The Bar Council of Northern Ireland 

1.3 Do you need IAA registration to provide immigration advice? 

Under Section 84(2) of the The Act, it is an offence to provide immigration advice and/or services in the UK unless you are a qualified person. 

A qualified person is someone who meets one or more of the following criteria: 

• is registered with the IAA in the UK 

• is authorised by a Designated Professional Body (DPB) to practise as a member of the profession it regulates 

• is authorised by a Designated Qualifying Regulator (DQR) to provide immigration advice and/or services 

• acts on behalf of, and under the supervision of, a person who meets any of the above criteria 

Who does not need IAA registration? 

Section 84 (1) of the Act, which prohibits the provision of immigration advice and services unless you are a “qualified person” does not apply to a person: 

• holding an office under the Crown, when acting in that capacity 

• employed by, or for the purposes of, a government department, when acting in that capacity 

• acting under the control of a government department 

• otherwise exercising functions on behalf of the Crown

You do not need to register with the IAA if you are already authorised by a DPB or DQR. This includes: 

• SRA-regulated law firms 

• non-SRA firms authorised by another approved regulator under the Legal Services Act 2007 

Who must register with the IAA? 

If you are not authorised by a DPB or DQR, you must apply for IAA registration before providing immigration advice and/or services. 

This applies to: 

• most voluntary and community organisations 

• most businesses offering immigration advice and/or services in the UK  

Working with solicitors or barristers 

Having a solicitor or barrister review your work does not satisfy regulatory requirements unless you are working within a firm regulated by the Solicitors Regulation Authority (SRA) or the Bar Standards Board (BSB). 

If you work with a solicitor or barrister outside a firm regulated by an authorised regulator (such as the SRA or BSB), that work will not fall under their regulatory framework. In these circumstances, you will still require IAA registration. 

Additionally, solicitors or barristers who assist unregulated advisers in this way risk breaching the rules of their own regulator. 

If you are unsure whether you need to apply for registration, the Immigration Assistance practice note explains which immigration activities can be carried out without regulation and which require authorisation by the IAA or another approved regulator.  

Ministerial exemptions: 

The Secretary of State currently grants three exemptions, set out in Statutory Instruments, from the requirement to be regulated by the IAA.  

Organisations operating under these exemptions may provide immigration advice and/or services without registering with the Commissioner, provided they meet and continue to comply with all conditions specified in the relevant Orders. 

1. Licensed sponsors 

Statutory Instrument No. 235 – The Act, (Part 5 Exemption: Licensed Sponsors) Order 2022 (This Order replaces and revokes the The Act, (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 (as amended). 

This exemption applies to employers and educational establishments holding Home Office sponsor licences. It allows them to provide immigration advice and/or services up to Level 1 without IAA registration, subject to the following conditions: 

• advice and services must be free of charge 

• they must be provided only to individuals directly sponsored by the organisation (and, if applicable, their immediate family members) 

• the advice must relate to applications for entry clearance or for permission to enter or stay in the UK under a sponsored work or study route 

Licensed sponsors are individuals or organisations authorised by the Secretary of State who, under UK immigration rules, sponsor overseas individuals to undertake specific work or study in the UK. 

The Home Office maintains two registers of licensed sponsors, and Article 2(5) confirms that a “licensed sponsor” is any person listed on either register. 

2. Relevant employers 

Statutory Instrument 2003 No. 3214 – The Act, (Part V Exemption: Relevant Employers) Order 2003 (As amended by SI No. 1309 under the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020). 

This exemption applies to employers who provide immigration advice and/or services free of charge, and the immigration advice and/or services is provided to an employee or prospective employee who:

• is subject to a work permit application submitted by the prospective employer, or   has been granted a work permit entitling them to work for that employer.

3. Educational institutions and health sector bodies  

Statutory Instrument 2001 No. 1403 (Educational Institutions and Health Sector Bodies) (As Amended) 

This exemption applies to: 

• specific educational institutions, their employees, representatives, and student unions listed in Schedule 2 of the Statutory Instrument 

• specific health sector bodies, and their employees or representatives listed in Schedule 3 of the Statutory Instrument 

However, the exempted persons or entities listed above are still required to comply with the Commissioner’s Code of Standards. 

2. Registration with the Immigration Advice Authority (IAA) 

2.1 About registration 

Registration and authorisation: 

Organisations that register with the IAA will be added to the IAA register. The register, which is accessed by the Home Office and other bodies to verify registration, lists all authorised advisers, including their levels and categories of authorisation.  

Once registered, an organisation may apply to the IAA for trainee advisers to work under the IAA’s supervision scheme. Details of this process are set out in the IAA’s guidance note on supervision. 

Registered organisations will be invited to apply for continued registration with the Commissioner on an annual basis. However, if an application is submitted to raise the organisation’s level mid-year, an organisation will not need to complete a continued registration application for 12 months from the date of approval or refusal. 

As some non-commercial organisations charge clients a fee (typically a cost-recovery fee rather than for profit), these organisations will be treated as fee-charging applicants and must pay an IAA application fee. The fee payable will depend on the level of authorisation sought and the number of advisers, including solicitor advisers. 

Digital badge: 

Once an organisation is registered with the IAA, it should display its regulated status using our official digital verification badge, powered by Yoshki. 

When added to an organisation’s website, it performs a real-time check against the IAA’s official register – giving visitors instant confirmation that the organisation is authorised to provide immigration advice and/or services.  

2.2 Understanding the levels of registration  

Registration is structured into defined levels, each reflecting the adviser’s training, competence, and the complexity of work they are authorised to undertake in specific work strands and areas of knowledge. These levels ensure that clients receive advice from immigration advisers with the appropriate expertise for their case and that advisers operate within safe and properly regulated boundaries. 

You should apply only for the level that matches your competence and the services your organisation intends to provide. Your application will be assessed strictly against the levels and categories you select. 

Applications cannot be amended once submitted. You must not provide immigration advice and/or services until your application has been decided and a decision letter has been issued. 

IAA advice levels: 

The three IAA Levels of immigration advice and/or services are as follows:  

• Level 1 – Advice and Assistance  

• Level 2 – Casework  

• Level 3 – Advocacy and Representation  

Categories of work within the levels: 

There are three categories of work: Immigration, Asylum and Protection and Judicial Review Case Management. These include the following: 

Immigration:  

• applications for, or for the variation of, entry clearance or permission to enter or stay in the UK  

• unlawful entry into the UK  

• nationality and citizenship under UK law  

Asylum and Protection:  

• applications for Asylum and Humanitarian Protection 

• family Reunion applications (This route is currently suspended) 

Judicial Review Case Management (JCRM) 

• assessing the merits of pursuing a Judicial Review application 

• instructing counsel through the Bar Standards Board’s (BSB) Licensed Access Scheme, to draft and lodge an application for Judicial Review on behalf of their client. Only Level 3 advisers are eligible to apply for approval in this category 

Level 1 – Advice and Assistance 

Level 1 advisers are permitted to make applications that rely on the straightforward presentation of facts to meet a set of qualifying criteria. Such applications will not be discretionary or concessionary in nature and applicants will not have an immigration history which is likely to adversely affect the application in question.

Level 1: Immigration    Organisations can make basic, one‑off applications that fall within the Immigration Rules. This includes applications for: 

• entry clearance (visas) 

• permission to enter or stay 

• variations to conditions of leave 

Advisers may also: 

• submit basic applications for registration and naturalisation as a British citizen 

• apply for residence or family permits 

• assist applicants under the EU Settlement Scheme 

• submit work visa applications (business immigration) for workers and employers 

• apply for sponsor licences

Level 1: Asylum and Protection 

Substantive asylum work is not permitted at Level 1. Advisers authorised in Asylum and Protection can undertake the following: 

• notifying UKVI of a change of address 

• straightforward applications to vary the conditions attached to leave granted, including conditions attached to bail granted by the Secretary of State, for example the right to work or study, restrictions on residence or reporting requirement 

• straightforward applications for leave in line, or refugee status in line for the UK born children of refugees and people with humanitarian protection 

Level 1: (EUSS) Immigration 

Covers basic EUSS‑related applications within Level 1 scope. Further information can be found in the EUSS guidance for immigration advisers.

Level 2 – Casework 

Level 2 includes all Level 1 work plus asylum applications and related Human Rights Act (HRA) matters. Advisers can undertake more complex and discretionary applications and make representations to UKVI in cases involving:  

• overstayers 

• illegal entry 

• trafficking and modern slavery 

• removal or deportation 

• Secretary of State bail 

• administrative review 

Advisers may lodge notices of appeal and statements of additional grounds but cannot represent clients at an appeal. 

Level 2: Immigration 

Organisations can provide ongoing casework on discretionary or complex applications and make representations on behalf of individuals who have overstayed or entered the UK unlawfully. Lodging notices of appeal is permitted, but representation at the appeal hearing is not.  

Level 2: Asylum and Protection 

Organisations can support clients with all aspects of their asylum and related HRA applications. They may lodge notices of appeal but cannot represent clients at their appeal. 

Level 3 – Advocacy and Representation  

Level 3 is the highest level of authorisation. It includes all Level 1 and 2 work and allows advisers to undertake specialist and advocacy‑based tasks, including: 

• conduct of specialist casework  

• preparation of cases at the First-tier and Upper Tribunal (Immigration and Asylum Chamber), including drafting full grounds of appeal  

• representing clients before the First-tier and Upper Tribunal (Immigration and Asylum Chamber)  

• instructing a barrister or member of the Faculty of Advocates to appear at the First-tier and Upper Tier (Immigration and Asylum Chamber) where permitted through the Licensed Access or Direct Access Scheme 

• drafting pre-action protocol letters in advance of Judicial Review 

Where authorised in the category of JRCM, instructing a barrister (with permission to litigate and advocate) through the BSB’s Licensed Access Scheme to represent clients in Judicial Review matters in the Upper Tribunal and Administrative Court. In Scotland, IAA advisers may instruct Advocates in Scotland under its Direct Access Scheme. There are no similar arrangements with barristers in Northern Ireland. 

Tribunal work authorisation 

Advisers authorised at Level 3 may lodge appeals and represent clients before the First-tier Tribunal and Upper Tribunal (Immigration and Asylum Chamber) only in cases relating to Immigration or Asylum and Protection, and only if they are also authorised in this specific category of work at Level 3. 

Further details about the work advisers can and cannot undertake are available in the Commissioner’s guidance on competence. 

When applying for regulation, consider both the level (complexity of work) and category (area of knowledge) you want to operate in. 

2.3 Providing immigration advice at more than one level  

If you intend to work at various levels across categories, you should apply for the highest level required in any category. While you can apply to move up levels later, this will require a formal application.  

Full details are available in the Commissioner’s guidance on competence. 

2.4 Regulation of organisations and advisers 

To be regulated by the IAA, an IAA adviser must work within an IAA‑registered organisation. An adviser can work for more than one IAA regulated organisation or transfer to a different organisation without changing their level or category. An adviser may also work for other organisations (for example, a firm of solicitors), but they can only act as an IAA adviser when working for an IAA‑regulated organisation. 

As well as commercial and not-for-profit organisations, this includes self-employed sole traders. So, even if you plan to provide immigration advice and/or services as a sole practitioner, you must operate under the umbrella of a registered organisation.  

If you wish to register a new organisation, you will first need to submit an application via the Portal to ‘register a new organisation’.  

If you wish to work for an organisation which is already registered with the IAA, the primary contact at the organisation will need to start an application to ‘register a new adviser’.   

Where an adviser intends to work for more than one IAA‑regulated organisation, the new organisation must notify the IAA of its intention to employ the adviser and must obtain IAA approval before the adviser begins providing immigration advice on its behalf. 

All organisations are required to inform the IAA of any changes in circumstance, which may affect the immigration advice and/or services provided by the organisation. Organisations must therefore inform us if they wish to take on any new staff or if any advisers leave. 

Joining an organisation not registered with the IAA: 

If the organisation the adviser is joining is not yet registered with the IAA but is in the process of applying for regulation, its primary contact or designated Portal administrator must include your details as an adviser applicant within their registration application. If you are transferring from an IAA‑regulated organisation within six months, you will not normally be required to complete a competence assessment, unless you are seeking to increase your level of registration. 

The Commissioner retains the right to reassess returning advisers if concerns were previously raised about their compliance or competence, regardless of the length of time they have been outside the regulatory scheme. 

In all circumstances, the organisation must obtain authorisation from the IAA before the adviser begins any immigration advice work at the new organisation. 

3. Competence, training, and experience 

3.1 What qualifications or training do I need?  

Level 1 advisers  

Advisers at this level should normally have at least three months full time or the equivalent part-time experience of providing UK immigration advice and/or services, or six months full time or the equivalent part-time experience of non-immigration advice giving (such as welfare, debt, housing, legal or employment). As well as up-to-date training in immigration law; which covers each area of work you are applying for. The training should be undertaken with a professional training organisation. Your experience must be evidenced in your application.   

It is not sufficient for advisers to have completed their own applications to the Home Office or the applications of friends or family. 

Level 2 advisers 

Advisers at this level should have at least 12 months full time or the equivalent part-time experience of providing UK immigration advice and/or services. This should include six months full time or the equivalent part-time experience of Level 2 work.  Your experience must be evidenced in your application.   

Level 3 advisers 

Advisers at this level should have at least 18 months full time or the equivalent part-time experience of providing UK immigration advice and/or services. This should include six months full time or the equivalent part-time experience of Level 3 work. Your experience must be evidenced in your application.   

Advisers applying at Levels 1, 2, and 3 must be able to demonstrate that they have completed up-to-date training in UK immigration law, covering each area of work for which they are seeking authorisation. This training should be delivered by an accredited professional training organisation. 

Advisers are expected to provide evidence of training within the last 12 months, to demonstrate that they have sufficient knowledge of any recent amendments to the immigration rules. This may include certificates or transcripts from accredited courses, CPD records, attendance certificates, specialist workshops, professional body training e.g., those delivered by CILEX or other recognised bodies. Details of any in-house training, mentoring or supervision undertaken must also be provided. 

You must demonstrate to the IAA that you have the knowledge and skills to practice competently at the levels for which you apply. Your organisation must demonstrate it has the resources, management structures and procedures required under the Commissioner’s Code of Standards. 

3.2 Law Society Immigration and Asylum Accreditation Scheme  

The Law Society’s Immigration and Asylum Accreditation Scheme (IAAS) syllabus is limited to the areas of work that fall within the scope of Legal Aid. As a result, it does not cover the full range of knowledge and skills required for IAA advisers seeking registration across all areas of immigration law and practice. 

Exemptions for IAAS-accredited advisers: 

Prospective IAA advisers who have successfully completed IAAS examinations at Senior Caseworker and/or Supervisor Senior Caseworker level will be exempt from the requirement to sit the IAA Level 1-3 competence assessments in asylum and protection. 

The exemption does not apply to: 

• applicants who have only completed IAAS examinations at Trainee Caseworker Assistant and Casework Assistant level 

• applicants seeking IAA registration in immigration 

However, applicants who are accredited as Senior Caseworkers and/or Supervisor Senior Caseworkers through the IAAS examinations, and who also hold or obtain IAA Level 2 registration in immigration, will not be required to undertake the IAA Level 3 immigration assessment to extend their registration to Level 3. 

Evidence required: 

The relevant IAAS certificate must be submitted with your application for regulation. You must provide one certificate for each adviser who holds IAAS accreditation. For example, if only one applicant is IAAS‑accredited, all other applicants will be required to sit an IAA assessment. 

Further exemptions: 

Additional exemptions from assessments may be granted to organisations that employ IAAS‑accredited Senior Caseworkers and/or Supervisor Senior Caseworkers, where the immigration advice and/or services provided are entirely restricted to work within the scope of Legal Aid (for example, domestic violence cases or immigration bail applications). Such exemptions will be considered on a case‑by‑case basis. 

3.3 What if I have no previous experience? 

Having no prior experience in immigration work will not automatically disqualify your application. You may demonstrate relevant experience from the wider advice‑giving sector, supported by evidence of appropriate training in immigration law and practice. 

The IAA will assess the information provided in your application together with the results of any competence assessments you are required to take. You must be able to demonstrate that you have the knowledge and skills necessary to practise competently at the level for which you are applying. 

3.4 How to build competence if you cannot practise yet 

The Act allows individuals to gain experience in the provision of immigration advice and/or services without being regulated, as long as they work under the supervision of an adviser who is authorised by the IAA to provide immigration advice and/or services. The supervisee and supervisor must normally work for the same organisation, and the organisation must inform the IAA of their intention to supervise. Further details related to supervision are available in the guidance note on supervision of trainee immigration advisers. 

A person may also gain immigration advice experience while employed and supervised by a member of a recognised professional body, such as a solicitor. During your supervision period, the IAA expects you to complete appropriate and relevant training delivered by a professional training organisation. You will need to provide evidence of this training (such as certificates or transcripts from accredited courses, CPD records, attendance certificates and supervision logs) when applying for authorisation.

4. Suitability requirements  

4.1 Disclosure and Barring Service (DBS) checks 

Every individual listed as a new adviser in your application (unless they have been registered with the IAA within the last six months) must provide a copy of an original standard disclosure which is dated within six months of the application being received by the IAA.

Advisers applying for registration to provide immigration advice are required to apply for a Disclosure and Barring Service (DBS) check, or evidence an existing DBS standard disclosure dated within 6 months of receipt. Guidance on applying for a DBS check is available on the official Disclosure and Barring Service website.

You must provide consent in your application for the IAA to arrange criminal record checks through Due Diligence Checking (DDC), a recognised umbrella body which provides these services for applicants from England, Northern Ireland, Scotland and Wales.

• once consent is given, DDC will contact you to start the process, guide you through the steps, and provide support
• this costs: £39.60
• you make payment directly to DDC once the process begins
• volunteers: if you are working as a volunteer, you are exempt from the £18 DBS fee – DDC will assist with this once you have completed and submitted your details

After your criminal record check is complete:

• you will receive your certificate by post within approximately two weeks
• DDC will notify the IAA when your certificate has been issued
• if your certificate contains no content, you do not need to take further action
• if there is content, the IAA will request an electronic copy of the certificate
• keep your certificate safe – although we may need to see an electronic copy, you do not need to post the original to us

Exceptions:

Existing advisers who move to a new organisation with a break of less than six months, or who are increasing their levels or categories of registration, do not need to provide a DBS criminal record certificate. However, if you are not currently shown as registered – for example, if you leave one organisation and have a gap in employment before joining a new organisation within six months, you will be required to provide details of a criminal record check.

Solicitors who remain regulated by the SRA by virtue of working within a non‑commercial advice service are not required to submit a DBS check.

Important:

The IAA will not decide an application for registration where a DBS criminal record check is required until an applicant has obtained a criminal record certificate dated within six months of issue.

The IAA fully complies with the DBS, Disclosure Scotland, and Access NI Codes of Practice, ensures all applicants are made aware of these Codes, and remains committed to treating all applicants fairly.

ID for online assessment: 

If you are scheduled to take the online assessment, ensure that you have one form of photo identification (or a scanned copy) available for the onboarding process. This is required as part of the registration for the online assessment. 

Do not send your only form of photo ID to DDC for criminal record verification, as you will still need valid photo identification to complete the onboarding stage for the online assessment. 

4.2 IAA’s approach to criminal convictions  

The IAA is committed to treating all advisers and applicants fairly and without discrimination, regardless of race, gender, religion, sexual orientation, age, disability, or criminal background. 

Having a criminal conviction does not automatically prevent you from being regulated by the IAA. If a conviction is declared, either by the individual or through a DBS check, the IAA will discuss the matter with the individual before deciding on initial or continued registration. 

Applications from individuals with criminal convictions are considered on a case-by-case basis. The IAA will consider: 

• the nature of the crime that resulted in the criminal conviction 

• the scale, impact, and relevance of the conviction on the individual’s ability to provide immigration advice and/or services 

• the services that the individual intends to deliver and the responsibilities associated with those services 

• whether the nature of the crime or its circumstances raises questions of the individual’s honesty, integrity, or competence 

• whether the appropriate penalty, restitution or other remedial steps required have been completed 

• the individual’s record since the offence, including repeat offences, employment history, and personal conduct (including restitution to any victims) 

• the time that has passed since the conviction 

Crimes involving dishonesty are of particular concern, even if the conviction is considered spent under the Rehabilitation of Offenders Act 1974. The IAA must assess an individual’s honesty and integrity when determining their suitability to deliver immigration advice and/or services.  

Unless there are exceptional and persuasive circumstances, the IAA is likely to refuse applications from individuals with unspent convictions. The Ministry of Justice provides guidance on the difference between spent and unspent convictions. 

Applications will also be refused if any fines or costs resulting from a conviction remain unpaid. 

A conviction under section 25 or 26(1) (d) or (g) of the Immigration Act 1971 is an automatic disqualification from regulation by the IAA by schedule 6 paragraph 4 of the The Act. 

Applications are unlikely to be approved if the applicant has an unspent conviction under sections 91 or 92(b) of the The Act, or if any related fines remain unpaid. 

4.3 Notifying the IAA of your criminal conviction  

Applicants:

Individuals applying for regulation must inform the IAA if they have a criminal conviction. 

Existing advisers:

Advisers who are charged with or convicted of a criminal offence while regulated must immediately notify the Commissioner in writing of any criminal charge or conviction, as required under Code 3.7 of the IAA’s Code of Standards. 

Applicants and advisers are expected to cooperate fully by providing details of any criminal conviction. Doing so demonstrates an understanding of their obligation to maintain transparency with the IAA and indicates a commitment to rehabilitation. 

Failure to disclose a conviction will be treated seriously. The IAA will place greater weight on the conviction if it appears that the individual withheld information. Non-disclosure suggests the person does not understand the importance of being open and transparent with a regulatory body.  

4.4 Proving your right to work in the UK 

You must provide evidence of your right to work in the UK to the IAA. 

If you are a British or Irish citizen, you can prove your right to work by providing one of the following: 

• a valid British passport 

• a valid Irish passport or passport card 

If you do not have a passport or passport card, further guidance on alternative documents is available on the GOV.UK website.   

If you are not a British national or Irish citizen, you can prove your right to work with a share code, which can be obtained via the GOV.UK website. You must also provide a copy of your passport to confirm your identity. 

How to submit documents: 

Advisers should upload copies of the required documentation, as listed above, to the IAA Portal as part of their individual application. Please do not send any original documents to the IAA. 

Minimum right to work requirement: 

You must demonstrate that you have valid permission to remain and the right to work in the UK for a minimum of 18 months at the point of application. 

If you are applying to register with the IAA as a sole trader, principal owner, or another person responsible for running an organisation, you must demonstrate that you have valid permission to remain in the UK and the right to work for at least 18 months at the time of application. This requirement is in place to protect clients, ensuring that they are not left without legal representation if an organisation - and therefore its key personnel - are required to leave the UK when their permission expires. 

As a result, the IAA will not accept applications from individuals in these roles who have less than 18 months’ valid leave and right to work in the UK. Any such applications will be refused, and no fee will be refunded. 

This requirement does not apply to individual advisers with less than 18 months’ leave who are applying to join an already established and regulated organisation. 

However, the IAA may impose conditions on individual adviser applicants whose permission to remain is close to expiring or where less than 12 months’ leave remains. In such cases, approved advisers may be required to provide evidence of any extended or renewed permission to remain in order to maintain their registration to provide immigration advice  

5. Preparing your organisation’s application 

Please note that guidance for an individual’s application can be found in section 6 below. 

5.1 Key documents to read before applying 

The IAA strongly recommends reviewing the following documents carefully before submitting your application: 

• Code of Standards 2024 

• Commissioner’s guidance on fitness 

• Commissioner’s guidance on competence 

The Code of Standards sets out the professional standards that all advisers must adhere to if you are registered by the Commissioner. 

The guidance on fitness concerns the Commissioner’s duty to ensure that advisers and those owning and/or running an organisation are ‘fit’, and how the Commissioner fulfils that duty. 

The guidance on competence sets out the skills and knowledge required for advisers to deliver high-quality advice services. It also clarifies the scope of work permitted at IAA levels 1, 2 and 3. 

5.2 Information required about your new organisation 

Name of organisation:

The organisation’s name should not be misleading and should reflect the level of your organisation. The Commissioner may request that you change the name of your organisation if it is misleading.  

Legal status of the organisation:

Specify the status of your organisation at the time of application, e.g. sole trader, partnership, limited company.  

You will need to submit a change of legal entity application if, once registered, you change the legal entity of your organisation. You will be required to pay a new fee and require all individuals related to your organisation to resubmit their applications or declarations. Once approved, your organisation will receive a new registration number and period of registration.  

Primary location:

A primary location is the main address for your organisation.    

Contact details:

Please specify the organisation’s email address, telephone number and website (if applicable).  

Highest level of registration:

Select the highest level at which your organisation is applying to provide registration at. Please refer to the guidance on competence for further details of the different levels and categories including the competence requirements to be met.  

Is your organisation fee-charging? 

Organisations that charge fees for the provision of immigration advice and/or services, whether they operate as a commercial or non-commercial organisation, are defined for the purposes of IAA regulation as fee-charging. Organisations that do not charge a fee for the provision of immigration advice and/or services, are defined for the purposes of IAA regulation as non-fee charging.   

Commercial or non-commercial organisation: 

A commercial advice service, for the purpose of an IAA application, refers to an entity that offers its advice for the purpose of making profit.  

A non-commercial advice service is a service operated by an organisation such as a charity or similar type of organisation that is operating otherwise than with a view for profit. It may or may not charge fees, but if it does, they must be paid to the organisation for furthering the provision of the organisation’s services.  

IAA’s Adviser Finder:

Organisations can opt in or out of appearing on the IAA’s Adviser Finder tool. Inclusion in the Adviser Finder tool is at the Commissioner’s discretion. Please note that all registered organisations and individuals are required by the The Act to appear in the IAA Register.  

Location details  

Primary Location: 

This is normally the address from which you will provide immigration advice and/or services from. You can also add addresses for any other branches that you may have.  

Individual details :

The application will require you to include details of all applicant advisers, owners and those who will be involved in the running of the organisation as well as noting whom the primary point of contact for the organisation will be.  

A person is considered an owner of the business if they have any ownership stake in the business.  

A person is considered to be involved in running an immigration advice organisation if they have a role in the governance of the business and occupy one or more of the following roles: self-employed sole trader, partner, a company director (executive or non-executive), company treasurer, secretary, chief executive officer, chairperson or a trustee.  

At least one of the persons involved in the business must be an owner – this can be an adviser.  

Individual adviser’s location: 

Please select where the adviser is based, selecting from the list of your organisation’s locations.  

Individual adviser’s level of registration: 

Select the level of registration the organisation is seeking to register the individual adviser at. This should not be a higher level than that of the organisation, unless the organisation is also seeking to increase its level. This level cannot be amended once the application has been submitted without contacting the IAA.  

Additional Information: 

To understand the structure of your organisation, an organisational organogram or description of the organisation is requested, and these details should be uploaded as a document. Further questions are asked about specialism or language skills, marketing or advertising currently being undertaken to promote your business, and links or partnerships with any other business.

Codes and declarations:

Organisations are asked to check that the details of all advisers, owners and persons involved in the running of the business have been added, and that they have read and understood the Commissioner’s Code of Standards.  

Submit your application:

Once you submit your application, the IAA will send a link to each of the applicant advisers, organisation owners, and those involved in the running of the organisation, for them to complete their individual applications (applicant advisers only) and/or declarations.  

The individual will have five days to submit their individual application and/or declarations. Should they fail to complete the required section within this time, they will receive a reminder with further reminders issued every five days until complete. You will be unable to make any required fee payment, and your application in full will not be submitted to the IAA until all sections of the application are completed.  

See Section 8 1. Using the IAA Portal for further information. 

5.3 What supporting documents you must upload 

To demonstrate compliance with the IAA’s Code of Standards, an applicant organisation must upload the following supporting documents as part of its application: 

• Example client care letter - To comply with Code 5.3 of the Code of Standards, the client care letter should clearly explain what the adviser will do for the client and highlight any critical issues, such as documents the client must provide or any costs involved. The letter must include how an advice seeker can contact the organisation to make a complaint – both to the organisation and to the IAA. 

• Professional Indemnity Insurance (PII) quote or certificate - All IAA-regulated organisations must hold current and adequate Professional Indemnity Insurance as per Code 8.2 of the Code of Standards. Organisations cannot join or remain in the regulatory scheme without PII. The Commissioner recommends a minimum cover of £250,000. Insurance does not need to be activated at the application stage, but an application cannot be approved until it is. You may submit an insurance quotation to show readiness for activation. 

• Fee scale - If applying as a fee-charging organisation, you must provide a scale of fees with your application. Fees should be reasonable and proportionate to the complexity of the work undertaken, as set out in Code 9.1 of the Code of Standards. 

• Business bank account - All organisations must have a business bank account in place at the time of application. If you intend to take payments in advance of work, you must also provide evidence of a client bank account. For detailed guidance, refer to the Commissioner’s guidance note on fees and accounts, which explains options if you are unable to open a client account. See Code 9.4 of the Code of Standards for further information.  

• Complaints procedure – To comply with Code 3.5 of the Code of Standards, organisations must have a comprehensive complaints procedure outlining how complaints about advice or service will be investigated.  

When you upload a file, you will see two buttons: ‘Confirm File Upload’ and ‘Save and Continue’. You must click ‘Confirm File Upload’ first to ensure your file is saved to the system before proceeding. After confirming, you can click ‘Save and Continue’ to move forward with your application. To verify the upload, press refresh after confirming - the file will then appear as successfully uploaded.  

If you do not provide all the required information and documentation with your application within the requested timeframes, it will be refused, and your application fee will not be refunded. 

5.4 How long the application process takes 

The IAA is currently experiencing a high volume of applications, which means processing times are longer than usual. Please allow up to six months from the date your application is successfully submitted for the IAA to review and make a decision.  

This timeframe accounts for: 

• any amendments you may need to make to your application 

• requests for additional documentation 

• completion of the competence assessment 

5.5 Providing immigration advice while an application is being assessed 

 You cannot provide immigration advice and/or services until the Commissioner has approved your application. This includes new applications as well as current advisers who want to raise their level to a higher level. 

An adviser applying to raise their level cannot, unless acting under a continuing IAA-approved supervision arrangement, provide advice at the higher level until their application is approved. 

If the IAA becomes aware that you are practising illegally or without authorisation, this could affect our decision on whether the IAA approves your application. 

It is a criminal offence, punishable by fine and/or imprisonment (Section 91 of The Act, for anyone to provide immigration advice and/or services without being qualified to do so (Section 84 (2) explains the ways in which you can be qualified). 

Advertising or offering immigration advice and/or services before the Commissioner has approved your application is also a criminal offence under Section 92(B) of the The Act. 

The IAA often receives queries about whether certain individuals need to be registered or are required to take the competence assessment. Guidance is available for: 

• Solicitors and Foreign Registered Lawyers (FRLs) 

• Barristers 

Applicant advisers who hold a CILEX Immigration Practitioner qualification, and can provide evidence of valid continuing accreditation, may be exempt from sitting the corresponding IAA competence assessment. To support an exemption request, advisers must upload documentation confirming both their qualification and their current accreditation status. 

Continued registration 

The only exception applies to cases of continued registration, where organisations are required to renew their registration annually. An adviser may continue to operate under their existing registration until a decision has been made on their continued registration application.

6. The application process for advisers

6.1 Overview of the application process

Applications for registration with the IAA must be completed using the online application form available on the IAA Portal. To access these forms, applicants need a GOV.UK One Login account to verify their identity.

If you are applying for continued registration and you already use a One Login account for other GOV.UK services, you can use it only if the email address matches the one registered with the IAA. If your IAA‑registered email is different, you will need to create a new One Login account. Please contact us if you are unsure which email address we hold on file for you.

Primary contact:

Each applicant organisation must appoint a primary contact to manage the application process and act as the main point of contact for the IAA.

Organisations can only have one primary contact. However, if required, the primary contact can grant Portal administrator rights to other staff members to help submit applications to the IAA on the organisation’s behalf.

Email address rules for GOV.UK One Login:

To ensure applications are correctly linked to individuals, advisers must use a unique, individual email address. Please avoid:

• shared mailboxes
• generic addresses e.g. info@mycompany.com or support@mycompany.com
• email addresses previously used by former employees

When listing individuals in an application form, the primary contact must provide the correct email address for each applicant. This email address should match the one the individual will use to verify their identity with One Login.

If an individual is already, or has previously, registered with the IAA and wishes to use a new email address, they must inform the IAA before submitting the application so that records can be updated. You will not be required to create a new One Login account in this instance. Your One Login account will remain connected to your IAA Portal registration. Alternatively, you can change the email address registered to your One Login account.

6.2 Competence assessments

The IAA must assess your competence to provide immigration advice and/or services.

If you are applying for regulation or seeking to increase your current level of authorisation, you will need to sit a competence assessment for the level and category that you are applying for.

These assessments are designed to evaluate your:

• knowledge of immigration law and practice
• ability to analyse an immigration situation
• ability to communicate your understanding in written English

The assessment will take place online and is held monthly for applicants applying at Level 1, with quarterly assessments for applicants applying at Levels 2 and 3. Each candidate is allowed one attempt per application.

The pass mark for Level 1 exams is 60% and for Levels 2 and 3 exams is 65%.

The assessment provides us with an indication of your competence and will be reviewed by the assessing officer, alongside other information submitted, before a final decision is made.

Applicants will be invited to sit an IAA competence assessment once they have completed a Disclosure and Barring Service, Disclosure Scotland or AccessNI application and submitted a new adviser application that meets the required experience and training criteria.

Applicants will receive a notification once their assessment date is confirmed.

Onboarding process

Two weeks before your assessment, you will be required to onboard which involves the following:

• an onboarding invitation will be sent at 9:00am on the day onboarding opens
• the onboarding window remains open for one week
• after you have successfully onboarded, you will be sent an assessment invite

Please note that you will need photo ID to onboard successfully. Acceptable forms of ID are a current passport or a current driving licence.

If you do not have either of these documents, you should contact the IAA as soon as possible.

Failure to complete onboarding will result in your application being refused.

Important notes:

• assessment dates are pre-scheduled; candidates cannot choose their preferred date
• if you believe there is an exceptional reason to delay your assessment, you must provide evidence to your application officer by emailing info@immigrationadviceauthority.gov.uk
• failure to attend your scheduled assessment will count as a failure, and your application will be refused

Upcoming assessment dates can be found on our website.

6.3 Assessment requirements

Level 1:

The assessment consists of two sections:

• section 1: 20 multiple-choice questions
• section 2: Scenario-based questions requiring written answers

Applicants must pass both sections to pass the assessment overall. The pass mark for Level 1 is 60%, and candidates have one attempt per application. Failure to pass will result in the application for registration being refused on competence grounds. Therefore, applicants are strongly advised to prepare thoroughly.

Levels 2 and Level 3:

Applicants seeking to work at Level 2 or Level 3 in the immigration category, must first pass the Level 1 assessment before progressing to the Level 2 or 3 exam. There is no Level 1 assessment for the asylum and protection category.

For Level 2 and 3 applicants applying in both immigration and asylum and protection categories, the assessment will cover one category only, chosen on the day of the exam. Applicants will not be informed in advance which category will be tested, so preparation for both is essential.

The pass mark for Level 2 and 3 assessments is 65%

6.4 Requesting reasonable adjustments

Applicants with diagnosed conditions or recognised disabilities that may affect their performance under test conditions will normally be granted up to 25% additional time during the examination.

Requesting adjustments:

Applicants must contact the IAA at least two weeks before the examination date if special arrangements or reasonable adjustments are required. Requests must include evidence from a healthcare provider confirming the condition.

Decision process:

Decisions on additional time or other adjustments will be made by Application Officers on a case-by-case basis.

Failure to declare a need for adjustments before the assessment will invalidate any request for special consideration after the examination.

6.5 Preparing for the online exam

Once your competence assessment has been scheduled, you will receive an invitation by email with detailed instructions on how to prepare your computer or laptop for the online exam.

Before the exam:

The instructions will cover:

• downloading and testing the required software to ensure it runs correctly
• completing the onboarding process, which includes:
• validating your ID
• reviewing exam rules
• accessing a sample assessment to familiarise yourself with the system

Onboarding must be completed within the specified time before the exam. This allows the IAA to attempt to resolve any technical issues before the exam.

6.6 On the day of your assessment

You will receive guidance on:

• logging into the exam, including your unique login details

• what to do if you experience technical issues (a brief internet outage will not disrupt your exam)

Before the assessment begins, the IAA will confirm that all applicants have completed onboarding. Candidates are unable to sit the assessment without a valid onboarding profile. The exam will start at a set time and is timed.

Assessment duration:

• Level 1 immigration paper: 1 hours and 15 minutes (two sections, no break; allocate half the time per section)
• all Level 2 papers: 2 hours 15 minutes (scenario-based questions)
• all Level 3 papers: 3 hours (scenario-based questions)

Exam conditions:

• the exam is invigilated via proctoring software, which records you through your webcam
• normal exam conditions apply; instructions on permitted actions will be provided in advance
• the assessment is open book; you may use hard copy books or notes, but you must remain within the camera’s view
• internet use is prohibited, except for the official IAA resource book, which is available digitally within the exam environment

Answering questions:

Take care to type your answers in the designated text boxes below each question. Failure to do so may result in zero marks for that question, which will lead to failing the assessment.

6.7 Postponing your assessment

All IAA applicants are expected to be ready for their assessment at the next available date once their application for registration is submitted. The adviser application includes declarations confirming your readiness to proceed.

Postponements are only granted in unforeseen, exceptional circumstances, such as medical reasons, which must be supported by appropriate evidence.

6.8 Acceptable forms of photographic ID

To undertake the assessment, each applicant must provide photographic proof of identity in the form of either:

• a current passport, or
• a current driving licence

The document must be an original, and the applicant will not be able to complete the onboarding process without this proof of identity.

If you do not have either of these documents, you should contact the IAA as soon as possible.

The same ID document used during onboarding must be presented on camera on the day of the exam to confirm the identity of the person sitting the assessment.

6.9 Using the resource booklet in your assessment

Exam resource booklet:

The appropriate exam resource booklet for each assessment will be made available to candidates. Instructions on how to access the booklet will be included in your assessment invitation email.

This resource has been specifically designed to assist candidates during the assessment. You may print a hard copy for reference during the assessment. Use of the booklet is optional, and candidates can still pass the assessment without it.

The exam will be based on immigration law as it exists on the date of the resource booklet.

The booklet includes all relevant statutory material, rules, and regulations you may need during the assessment.

You may also use hard copy reference materials, such as:

• immigration handbooks
• periodicals
• law guides
• case law references

These materials must be within reach of your computer or laptop during the assessment.

Assessment marking:

Assessments will be marked according to the immigration rules, regulations, and case law in force on the date of the resource booklet publication.

7. After your assessment

7.1 Receiving your results and next steps

Once you complete your assessment, the online system will prompt you to submit your paper for marking. If your allotted time expires, your paper will be submitted automatically.

Your paper will be marked and you will receive your result by email within 20 working days.

7.2 What happens if you pass

The IAA will continue to review your application for regulation. Please note that the competence test is only one of the factors considered when making a decision.

Passing the test does not authorise you to provide immigration advice and/or services. You must wait for formal authorisation from the IAA before doing so.

If you are applying for Level 2 or 3, passing the Level 1 assessment will result in an invitation to sit the higher-level assessment you applied for. You will be automatically scheduled for the next available higher-level assessment date after passing Level 1.

7.3 What happens if you do not pass

Level 1 applications:

• if an applicant fails the Level 1 assessment, their application for regulation will be refused
• you will be contacted by the IAA regarding the decision
• you cannot re-sit the assessment as part of the current application

If you wish to apply again:

• you will need to submit a new application, which may require payment of a new application fee
• the IAA will not begin a new assessment process within four weeks of the decision being issued
• applicants will only be reconsidered after this period if they have taken steps to improve their skills and knowledge
• applicants must provide documented evidence of all further training and any additional relevant experience to support their new application, in line with the regulatory requirements for immigration advisers

Important:

• applications simply re-submitted to re-take the test without evidence of additional training will be refused
• do not submit a new application until four weeks after receiving your decision and once you have completed further training
• the IAA does not provide specific feedback on competence assessments

Level 2 and 3 applications:

• if you fail a higher-level assessment, you may be offered approval at a lower level than requested
• you will not be permitted to re-sit the assessment as part of the current application

7.4 How your assessment is moderated

Level 1 assessments:

• section 2 (scenario-based questions) of the Level 1 competence assessment is subject to moderation if the score falls within an 8% bandwidth of the pass mark (60%)
• this means any result between 55% and 63% will be re-assessed by a second independent marker
• scores outside this range, whether a pass or fail, are not subject to moderation and will not be remarked

Please note: Section 1 (multiple-choice questions) is marked automatically by the online system and cannot be remarked, even if failed.

Level 2 and 3 assessments:

• papers that fall within an 8% bandwidth of the pass mark (65%) are automatically moderated
• this means any result between 60% and 68% will be re-assessed by a second independent marker
• scores outside this range, whether a pass or fail, are not subject to moderation and will not be remarked

7.5 Reapplying after an unsuccessful higher‑level assessment

If you wish to submit a new application to raise your level of competence after an unsuccessful higher-level assessment, you must demonstrate that you have undertaken substantial additional training, or gained at least 3–6 months of further relevant experience.

Please note that the IAA is unlikely to approve a re-sit of a higher-level assessment unless these requirements have been met.

8. Using the IAA Portal

8.1 Types of applications you can make in the Portal

The following applications must be submitted through the IAA Portal:

• new registration
• change of legal entity
• change fee-charging structure
• add a new adviser
• increasing an individual adviser’s level of registration
• raising the organisation’s level of registration
• continued registration

New registration:

If you are registering a new organisation, the person completing the application form will become the organisation’s primary contact.

The primary contact will need to register and log into the Portal via GOV.UK One Login, then follow these steps:

• select the ‘Applications’ tab in the Portal
• select ‘Register a new organisation’
• confirm by selecting ‘Yes - I want to register a new organisation with the IAA’

The online registration form consists of six sections:

• organisation’s details
• location details
• individual details
• additional information
• codes and declarations
• submit your application

The primary contact is responsible for completing the organisation-related sections and specifying the level and categories for which the organisation seeks registration. It is essential to read the Commissioner’s guidance on competence to understand the work permitted within each level and category.

Email address requirements:

The primary contact must also provide unique email addresses for all applicant advisers, business owners, and individuals involved in running the organisation in the ‘Individual Details’ section. To ensure applications and enquiries are correctly linked to an individual, it is essential the email address used is a unique, individual email address. Please avoid:

• shared mailboxes
• generic addresses e.g. info@mycompany.com or support@mycompany.com
• reused email addresses from former staff

Each applicant, except for solicitors and barristers regulated by other bodies, will then receive a link to complete their own section.

Applicant advisers and registered advisers will need to provide information about their experience, training, and competence.

Owners, trustees, and those responsible for running the organisation will be issued a set of declarations to complete:

• I have reviewed and fully understand the Commissioner’s Code of Standards and as such the obligations which the organisation and its advisers are committing to
• in the last five years have you traded under a different name or been known by a different name?
• are you or have you been a member of a professional body in the UK or abroad?
• are you subject to any orders or Decisions which restrict your ability to be employed within a law firm? For example: Law Society Rules or section 43 Solicitors Act 1974.
• have you been or are you the subject of any existing or previous disciplinary proceedings by regulatory authorities or professional bodies in the UK or abroad?
• do you have any convictions, cautions, reprimands or final warnings that are not “protected” as defined by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (as amended in 2013)?
• are you currently subject to any criminal proceedings in the UK or abroad?
• are you associated with or involved in the ownership or running of any other businesses or are employed at any other organisation, either in the UK or abroad?
• have you ever been disqualified or banned from being a director of a company or from acting as a charity trustee?
• have you ever been involved in any conduct which may call into question your honesty, integrity or respect for the law?
• have you ever been declared bankrupt or entered into an individual voluntary arrangement etc?

Once all individual applications are complete, and the fee is paid where required, the full application will be submitted to the IAA.

Registration fees:

Level	Number of advisers	Initial registration fee
1	N/A	£733
2 and 3	1 to 4	£2,232
2 and 3	5 to 9	£2,500
2 and 3	10 and over	£3,023

If you become unavailable or fail to respond promptly to the Commissioner’s requests for information, including sitting an IAA competence assessment or attending a pre-registration audit, the Commissioner will be unable to verify your fitness and competence to provide immigration advice.

It is your responsibility as an applicant to meet all requirements of the application process and to respond to any requests related to your application for as long as necessary after submission. Failure to do so may result in your application being refused.

Change of legal entity:

Certain changes to your business may result in the creation of a new legal entity, with the previous entity being dissolved.

If your organisation is currently regulated by the IAA and you change its legal status, for example, from a partnership to a limited company, you must apply for registration of the new legal entity. You can do this by selecting ‘register a new legal entity’, or you can include it as part of another application e.g. continued registration, if applicable.

A change of legal entity application requires payment of a registration fee at the time of submission. The fee is charged at the same rate as a new application for regulation and varies depending on the level of registration. If approved, your organisation will receive a new registration number and registration period.

The change of legal entity application form may also be used to register a new business, even where the underlying legal status remains the same. For example, dissolving your current limited company and establishing a new limited company.

A table of examples is provided below to help you identify the correct action. All the actions listed, except for submitting a new application, can be completed as part of a continued registration application.

Legal status	Change required	Action required
Sole Trader	Wishes to continue with the same business	No action required
Sole Trader	Wishes to continue with the same business but change the business name	Submit a request to change your name using the ‘Contact us’ section of the Portal
Sole Trader	Wishes to continue the business but as a: Sole Trader, Partnership, Limited Partnership, Limited Liability Partnership, Private Limited Company, Registered Charity	Make an application for regulation of a new legal entity on the Portal
Sole Trader	Wishes to maintain the current business and open a second business	Make a new application for registration for the new business on the Portal
Partnership	Wishes to continue with the same business	No action required
Partnership	Wishes to continue with the same business but change the business name	Submit a request to change your name using the ‘Contact us’ section of the Portal
Partnership	Wishes to continue the business but as a: Sole Trader, Limited Partnership, Limited Liability Partnership, Private Limited Company, Registered Charity	Make an application for registration of a new legal entity on the Portal
Partnership	Wishes to maintain the current business and open a second business	Make a new application for registration for the new business on the Porta
Private Limited Company	Wishes to continue with the same business	No action required
Private Limited Company	Wishes to continue with the same business but change the business name	Submit a request to change your name using the ‘Contact us’ section of the Portal
Private Limited Company	Wishes to continue the business as a: Sole Trader, Partnership, Limited Partnership, Limited Liability Partnership, Registered Charity	Make an application for registration of a new legal entity via the Portal
Private Limited Company	Wishes to maintain the current business and open a second business	Make a new application for registration for the new business via the Portal

If you are uncertain about which application you need to submit, you can send a query via the enquiries tab in the Portal, and a member of the team will assist.

To access the online application form for changing legal entity, the primary contact must log into the Portal, via GOV.UK One Login, and follow these steps:

• select the ’Applications’ tab in the Portal
• click ‘Start an application for an existing organisation’.
• select your organisation
• choose ‘Change of legal entity’
• click ‘Start an application for an existing organisation’
• select your organisation

The primary contact will then be able to start the application on behalf of the organisation and select the option to register a new legal entity.

Once all individual applications have been submitted, the primary contact or Portal administrator will receive confirmation from the IAA along with a link to pay the application fee (if applicable).

After payment is made, confirmation that the application has been successfully submitted will be sent. This application may be submitted at any point during the registration period.

However, if an organisation wishes to apply for an increase in its registration level within the nine weeks prior to the due date for continued registration, it must do so as part of its continued registration application, within which an increase in registration level can also be requested.

Change of fee charging structure:

If your organisation is currently regulated by the IAA and wishes to change its fee-charging type (for example, from non-fee charging to fee-charging), you must submit an application to ‘Change fee charging’ type.

If you are uncertain about which application you need to submit, you can send a query via the enquiries tab in the Portal, and a member of the team will assist.

To access the online application form for changing fee charging type, the primary contact must log into the Portal, via GOV.UK One Login, and follow these steps:

• select the ’Applications’ tab in the Portal
• click ‘Start an application for an existing organisation’.
• select your organisation
• choose ‘Change of legal entity’
• click ‘Start an application for an existing organisation’
• select your organisation

The primary contact will then be able to start the application on behalf of the organisation and select the option to change their fee charging type.

Once all individual applications have been submitted, the primary contact or Portal administrator will receive confirmation from the IAA along with a link to pay the application fee (if applicable).

Level	Number of advisers	Change of legal entity fee
1	N/A	£733
2 and 3	1 to 4	£2,232
2 and 3	5 to 9	£2,500
2 and 3	10 and over	£3,023

Where an organisation is applying to move from non-fee charging to fee charging, payment of the applicable registration fee is required at the time of application.

The fee is charged at the same rate as a new application for regulation and varies depending on the level of registration and number of advisers. Your organisation will receive a new registration number and registration period upon decision.

After payment is made, confirmation that the application has been successfully submitted will be sent. This application may be submitted at any point during the registration period.

Add a new contact:

To add a new contact, such as an applicant adviser or owner/trustee to an organisation already regulated by the IAA, the primary contact must log into the Portal, via GOV.UK One Login, and follow these steps:

• select the ’Applications’ tab in the Portal
• choose ‘Register a new adviser or raise the level of an existing adviser’
• click ‘Add a new adviser’

The primary contact will be asked to enter the email address of the new contact and, where applicable their proposed level and category.

This triggers an invitation for the new contact to complete their application directly in the system.

The adviser must:

• create a GOV.UK One Login account
• use the same email address specified on the application form by the primary contact

Once the new contact has submitted all required information, the application will be reviewed by the IAA. If the new contact is applying to be an adviser, they will be invited to undertake any required competence assessments.

New advisers must wait for formal authorisation from the Commissioner before providing immigration advice and/or services on behalf of the organisation.

A regulated adviser who is currently employed by or has been employed within the last six months by, another IAA organisation may request to be added to a different organisation’s registration without submitting a new application via the online form. To begin this process, the primary contact should submit a request through the enquiries tab in the Portal.

Increase levels of existing advisers:

Regulated organisations can apply to increase their level of registration and/or the level of individual advisers, if they believe they have obtained the necessary training and experience to operate at a higher level.

The organisation’s primary contact can initiate the application in the Portal.

To raise the organisation’s level of registration, select:

• ‘Start an application for an existing organisation’
• and then select ‘Raise organisation level’

To raise only an adviser’s level (with no change to the organisation’s level), select ‘Register a new adviser or raise the level of an adviser’.

Where individual advisers need to provide supporting information, they will be invited to do so.

Once all required information has been submitted:

• the primary contact or submitter of the organisation application will be invited to make payment via a payment link if payment is due
• once payment has been made (if applicable) the application will be reviewed by the IAA
• advisers seeking to raise their level will be invited to undertake any required competence assessments

Advisers must wait for formal authorisation from the Commissioner, issued to the organisation, before providing immigration advice and/or services at the new level.

Organisations raising levels:

If your organisation wishes to operate at a higher level, the primary contact or Portal administrator must log into the Portal, via GOV.UK One Login, and follow these steps:

• select the ’Applications’ tab in the Portal
• choose ‘Start an application for an existing organisation’
• select your organisation
• click ‘Raise organisation level’

Important: Do not select to ‘Register a new adviser or raise the level of an existing adviser’ if you are wishing to raise the level of the organisation.

The application will automatically pre-populate your organisation’s current details. The primary contact or Portal administrator should:

• review the information to ensure it is accurate
• make any necessary amendments
• select the new level at which the organisation wishes to be registered

If the request to raise the level is due to adding a new adviser or an existing adviser seeking to raise their individual level, this can be entered in the organisation’s advisers section of the application.

Advisers named in the application will receive an invitation to complete their own raising levels application, if required.

Once all individual applications have been submitted, the primary contact or Portal administrator will receive confirmation from the IAA along with a link to pay the application fee (if applicable).

Your organisation cannot give immigration advice and/or services at the higher level applied for until your application has been decided by the Commissioner.

Level	Number of advisers	Raising levels fee
1	N/A	£733
2 and 3	1 to 4	£1,646
2 and 3	5 to 9	£2,041
2 and 3	10 and over	£2,698

After payment is made, confirmation that the application has been successfully submitted will be sent. This application may be submitted at any point during the registration period.

However, if an organisation wishes to apply for an increase in its registration level within the nine weeks prior to the due date for continued registration, it must do so as part of its continued registration application, within which an increase in registration level can also be requested.

Continued registration:

Once an organisation’s initial application is approved, it is granted a defined registration period. Nine weeks before the registration expires, the primary contact will receive an email invitation to apply for continued registration.

If the primary contact or Portal administrator is unable to initiate the continued registration process within this nine-week window, they should contact the IAA either by email or through the Portal so the issue can be investigated.

While the matter is being resolved, the organisation may continue to provide immigration advice and/or services.

Continued registration fees:

As set out in the Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 No. 296, the fees for continued registration are:

Level	Number of advisers	Continued registration fee
1	N/A	£733
2 and 3	1 to 4	£1,646
2 and 3	5 to 9	£2,041
2 and 3	10 and over	£2,698

Organisations must apply for continued registration before their current registration expires. The primary contact should complete the process by following these steps:

• log in to the Portal via GOV.UK One Login
• navigate to the ‘Applications’ tab
• select ‘Start an application for an existing organisation’
• begin completing the application form for continued registration
• a screen will appear asking if you would like to begin continued registration

Collaboration with colleagues may be required to complete the application.

The primary contact must provide details that help the Commissioner understand:

• how the organisation has operated or changed over the past year
• any changes the organisation wishes to make going forward

Information required at continued registration includes:

• updates on information supplied previously regarding the business structure, partnerships, or specialisms
• information that will allow the IAA to gauge supply and demand issues within the immigration advice sector
• information regarding complaints and claims against Professional Indemnity Insurance
• details of terms of registration being sought, including the advisers to be granted continued registration and their levels and categories of operation
• a copy of the organisation’s Professional Indemnity Insurance certificate
• a declaration on behalf of all Trustees of the organisation, where applicable

File upload guidance:

When uploading files, you will see two buttons: ‘Confirm File Upload’ and ‘Save and Continue’.

• you must click ‘Confirm File Upload’ to ensure the file is saved to the system before proceeding
• after confirming, click ‘Refresh’ to verify that the file has uploaded correctly

Information required to complete a continued registration application:

To complete your application, you will need to provide the following:

Contact details:

• a unique email address for each individual included in the application (including management, administrators, trustees, etc.)
• a unique phone number for each individual included in the application

Regulation details:

• the levels and categories at which your organisation is currently regulated
• the levels and categories for each adviser currently regulated within your organisation

Individuals to include:

Applications must cover all individuals involved in owning and/or running your organisation.

For IAA purposes, an owner is anyone who holds at least 40% of the business. Individuals are considered to be involved in the running of the organisation if they occupy one or more of these roles:

• private firms: Self-employed Sole Trader, Partner, a Company Director (executive or non-executive), Company Treasurer or Secretary
• charities: Chief Executive Officer or a Trustee

You do not need to notify us about individuals who are not involved in running the organisation and who are not advisers, solicitors, or barristers. For example, you do not need to provide details of office administrative staff who will have no involvement with the IAA.

Owners and those involved in running the business (except existing trustees) will receive a link to complete a fitness declaration as part of continued registration.

8.2 New adviser applying at time of continued registration:

If an organisation is planning to add a new adviser(s), without increasing the organisation’s overall level, the primary contact or portal administrator should submit a new adviser application, via the portal, and submit this alongside the organisation’s application for continued registration.

If an organisation is planning to add a new adviser(s) that will increase the organisation’s level, the primary contact or portal administrator must submit an organisation raising levels application, as detailed above.

Additional information:

You should expect to provide:

• details on how your organisation is run, including the number of immigration matters handled in the last 12 months
• information on any claims made against your Professional Indemnity Insurance (PII)
• a copy of your current PII certificate

Adviser requirements:

Individual advisers must:

• update their record with employment and training undertaken in the last year to demonstrate continuous professional development (CPD)
• complete declarations confirming fitness to practise and compliance with the Commissioner’s Code of Standards
• re-enter their current employer if needed to reflect new experience gained in their role

First year requirement:

In the first year of using the new online process, advisers must also:

• re-add their employment history
• provide a summary of training and experience to date (a high-level overview is sufficient; specific course details and dates are not required)

Final reminder and consequences of not applying:

Two weeks before expiry, you will receive a final reminder.

If your organisation fails to apply in advance of expiry:

• registration will be cancelled
• there is no right of appeal, as no application was submitted

8.3 How to manage applications

Once the main application has been submitted to the IAA, all individuals listed on the application form, except for solicitors and barristers, will receive links to complete their own application forms and declarations.

Tracking progress:

The primary contact or Portal administrator (whoever submitted the main application) can monitor the progress of individual applications by following these steps:

• select the ‘applications’ tab
• log in to the Portal via One Login
• select ‘Manage my existing applications’
• click on the relevant application

From here, you can:

• view the individual applications
• resend the invitation link if necessary
• withdraw individual applications if required (with the exception of the last adviser registered to an organisation – in this instance you would need to contact us)

Final steps:

Once all individual applications have been submitted, the primary contact or Portal administrator will receive confirmation from the IAA along with a link to pay the application fee (if applicable).

After payment is made, confirmation that the application has been successfully submitted will be sent.

8.4 How to resume an application

When completing an application form, you can save it at the end of each section and return to it later. Please note that you must reach the end of a section for it to be saved – if you are part way through a section and exit, you may need to complete some of the details again.

To resume your application:

• log in to the Portal via One Login
• select ‘Resume an application’
• choose the relevant reference number or type of application to continue

8.5 How to amend your organisation’s details

The organisation’s primary contact must notify the Commissioner of any changes that may affect an adviser’s or organisation’s competence of fitness within 10 days of the change.

The following changes can be made in the Portal by the primary contact and/or individuals:

• an adviser leaving the organisation
• change to contact details
• change to the organsiations location

An individual leaving the organisation:

To remove an individual from an organisation, the primary contact must log into the Portal, via GOV.UK One Login, and follow these steps:

• select the ‘My Account’ tab in the Portal
• click ‘View and manage your organisation’s contacts’
• select ‘De-activate contact’
• select the person leaving the organisation and the reason for why they are leaving

8.6 How to update your email address or phone number

Any individual can edit their own contact details. To do this, they must log into the Portal via GOV.UK One Login and follow these steps:

• select the ‘My Account’ tab in the Portal
• select ‘Edit your user profile details’
• make the necessary changes to your phone number and/or email address.

If you work at more than one organisation, you will be able to edit email addresses for each organisation in this section. These details can also be updated when completing an individual application, such as continued registration.

8.7 How to update your organisation’s contact details

Only the organisation’s primary contact can make changes to the organisation’s contact details. To do this, the primary contact must log into the Portal via GOV.UK One Login and follow these steps:

• select the ‘My Account’ tab in the Portal
• select ‘View and edit your organisation’s details’
• make the necessary changes to the organisation’s primary email address, phone number, and/or website

8.8 How to view and manage your organisation’s contacts

The organisation’s primary contact and Portal administrator can view and manage the organisation’s contacts. This includes viewing or editing an individual’s details and deactivating individuals who no longer work for the organisation. To do this, they must log into the Portal via GOV.UK One Login and follow these steps:

• select the My Account’ tab in the Portal
• click ‘View and manage your organisation’s contacts’
• select ‘Edit Contact Details’
• choose the individual whose details are to be amended
• make the necessary changes to the individual’s phone number and/or email address

Primary contacts and Portal administrators can also nominate Portal administrators in this section.

8.9 How to deactivate an individual

Only the organisation’s primary contact can deactivate an individual who no longer works for the organisation. To do this, the primary contact must log into the Portal via GOV.UK One Login and follow these steps:

• select the ‘My Account’ tab in the Portal
• click ‘View and manage your organisation’s contacts’
• choose ‘De-activate Contact’
• select the individual who is to be deactivated and the reason for the deactivation
• enter the date on which the individual left or is leaving the organisation
• provide further details regarding the deactivation

If the adviser you are deactivating is the last adviser at the level your organisation operates at, you will have three months to replace them with another adviser of the same level. If a replacement is not in place within this period, the organisation may be downgraded or de‑registered.

8.10 How to view or update your organisation’s locations

The organisation’s primary contact and Portal administrator can view and update the organisation’s location(s). To do this, they must log into the Portal via GOV.UK One Login and follow these steps:

• select the ‘My Account’ tab in the Portal
• select ‘View and manage the locations and contacts linked to your organisation’
• select the location that you wish to view or edit and confirm if it is the organisation’s primary location
• if you wish to edit the address, select if you are amending the street or postal address
• add the organisation’s new address
• you can then select if you wish to add or remove any of the organisation’s existing contacts to that location

The organisation’s primary contact will need to contact the IAA via the Portal to notify us of the of the following changes:

• organisation is ceasing to give immigration advice and/or services
• applying to take someone on under supervision
• an individual in the organisation being placed under arrest or convicted of a crime
• other fitness issue

If you have a new location you wish to add to your organisation, this can be done during an application process, such as continued registration, or by contacting the IAA through the Portal.

8.11 How to change a primary contact

The primary contact must notify the IAA through the Portal, before leaving the organisation, of their departure date and the name of the individual who will replace them as the primary contact. If the new primary contact is not a registered adviser, the current primary contact must submit an application through the Portal to add them. Once approved, the individual can then be designated as the primary contact.

If the primary contact leaves the organisation before notifying the IAA, the person who will be replacing the primary contact or a Portal administrator will need to contact the IAA by email or through the Portal to confirm the updated details.

See section 9.3 for further details.

9. Once you are registered

9.1 Meeting your CPD requirements

All authorised immigration advisers must demonstrate compliance with the Commissioner’s Continuing Professional Development (CPD) requirements.

Each year, when applying for continued registration, advisers will be asked to provide details of professional development undertaken.

This requirement applies to advisers at all levels and categories.

CPD is an ongoing process designed to ensure advisers maintain up-to-date skills and knowledge. It is essential for:

• maintaining fitness and competence
• improving the quality of service provided to clients

Find out more about the CPD scheme.

9.2 Understanding the primary contact role

Only an organisation’s primary contact, or Portal administrator, can make changes to the organisation’s regulated details or terms of registration. This includes:

• adding or removing advisers
• applying to raise an adviser’s or the organisation’s level
• applying for continued registration
• requesting a change to the organisation’s legal status

The primary contact must have a GOV.UK One Login account and ensure the email address used for One Login is also registered with the IAA. If you are not yet a registered organisation, you can nominate a primary contact when starting your application.

Email address management:

A key responsibility of the primary contact or Portal administrator is to ensure that each email address used to access the Portal is unique to the individual. Email addresses can be updated via the ‘My Account’ section of the Portal.

Updating email addresses before anyone accesses the Portal to submit applications helps prevent access issues and ensures the system correctly links individuals to their organisation and applications.

9.3 Understanding the Portal administrator role

The primary contact may nominate another individual within the organisation to act as a Portal administrator. This role grants the nominated person the same permissions as the primary contact, allowing them to:

• submit applications on behalf of the organisation
• make changes to organisational details in the Portal

The key distinction between the two roles is that the primary contact can grant or revoke a Portal administrator’s access rights directly in the Portal, whereas changes to the primary contact can only be made by the IAA.

To nominate a Portal administrator, the primary contact can do this in the portal by selecting the individual’s name and ticking the relevant box.

9.4 How to transfer regulation from one organisation to another

An adviser who moves to a different organisation without changing their level or category does not need to submit a new adviser application, provide a competence statement, undergo a DBS check, or supply identity or right‑to‑work documents - as long as the move to the new organisation takes place within six months (from the date the adviser left the previous organisation).

A regulated adviser who is currently working at, or has worked within the last six months at, another IAA‑registered organisation can request to be added to a new organisation’s registration without completing a new online adviser application. To do this, the new organisation’s primary contact should submit the request via the ‘Make an enquiry’ tab on the Portal home screen.

If this move takes place where it is more than six months since the adviser left an IAA regulated organisation, they will need to apply as a new adviser, submitting an application via the Portal and being subject to a competence assessment, if the levels and categories they are applying needs to be assessed – see section 6.3 for further information.

9.5 Advisers on maternity leave and long-term illness

It is the organisation’s responsibility to inform the IAA of any adviser who is on maternity leave or long-term illness.

Advisers on maternity leave or long-term illness will remain on the Adviser Register but will be removed from the Adviser Finder. Although advisers returning from maternity leave and long-term illness are generally not required to resit the assessment, organisations should ensure that on return from maternity leave or long-term illness an evaluation of training needs is conducted for those affected and CPD plans are made, to ensure that the adviser is fit and competent to commence providing immigration advice and/or services.

10. Compliance for Solicitors

10.1 When IAA regulation is not required

In England and Wales, a solicitor does not need to apply for IAA regulation where they hold a current practising certificate, and work for:

• a traditional law firm
• an SRA-regulated Alternative Business Structure (ABS)
• a non-SRA firm authorised by another approved regulator under the Legal Services Act 2007

In such cases:

• the organisation does not need IAA registration
• advisers working within those organisations, under the supervision of a solicitor, are not required to hold IAA registration

IAA regulation is also not required where:

• immigration advice is provided solely in-house
• services are not offered to the public
• the organisation itself does not provide immigration advice and/or services to the public

10.2 Solicitors in law centres and non-commercial advice services

Solicitors holding a practising certificate, Registered European Lawyers (RELs) and Registered Foreign Lawyers (RFLs) working within IAA‑regulated law centres or other non-commercial advice services, and who remain regulated by the SRA or the equivalent professional body in Scotland or Northern Ireland, do not require individual IAA regulation.

They must:

• continue to comply with their professional Code of Conduct
• be mindful of the IAA Code of Standards as it applies to organisational requirements
• understand that they are not bound by adviser-specific IAA codes

In the event of a conflict between the two codes, the professional Code of Conduct prevails.

Complaints about these solicitors will be referred to the Legal Ombudsman, the SRA, or the equivalent bodies in Scotland or Northern Ireland, as appropriate.

Organisations that employ solicitors practising in Scotland or Northern Ireland should consult the relevant Law Society to confirm that those solicitors are directly regulated to provide immigration advice and/or services to the public.

10.3 Solicitors working within IAA‑regulated organisations

Solicitors working within IAA-regulated organisations who are directly regulated by the IAA must:

• comply with the IAA Code of Standards
• limit their work to the authorisations granted, as set out in the IAA guidance on competence
• inform clients that they are regulated by the IAA
• undergo review by the IAA through premises audits or the IAA complaints scheme, if required
• complete CPD training in line with IAA requirements for authorised advisers as outlined in the CPD practice note booklet

Solicitors, RELs or RFLs working within IAA-regulated organisations (other than law centres or other non-commercial advice services) must:

• hold the appropriate qualification under the The Act
• ensure that any supervision of work above an individual’s authorised level and category is conducted in full compliance with the IAA supervision rules

Solicitors who become authorised as IAA advisers:

• may retain their practising certificate
• RELs and RFLs may remain registered with the SRA, The Law Society of Scotland, or The Law Society of Northern Ireland
• must comply with the IAA Code of Standards and guidance on competence
• act in the capacity of an IAA adviser while working within the organisation

Solicitors regulated by the SRA and working within IAA-regulated organisations:

• are not restricted in the scope of immigration advice and/or services they can provide
• may undertake Level 3 work and represent clients in Judicial Review matters
• may only do so where the organisation has been approved for Level 3 authorisation

10.4 Organisational applications and levels of advice

IAA organisations employing SRA regulated solicitors as advisers should determine the level of immigration advice and/or services they intend to provide.

Where an organisation includes an SRA-regulated solicitor (or equivalent):

• the IAA will assume the organisation intends to provide Level 3 advice
• this includes Judicial Review work

If this is not the case, the organisation must clearly state this in its application (preferably in a cover letter).

Organisations must:

• set out management arrangements in their business plan or supporting documents
• ensure oversight of advice staff

A solicitor may:

• act as the organisation’s IAA point of contact
• act as a manager with oversight responsibilities

10.5 Interaction between IAA and professional regulation

Solicitors, RELs and RFLs working in IAA-regulated organisations remain subject to the SRA Code of Conduct (or the equivalent codes in Scotland or Northern Ireland), regardless of their workplace.

Where solicitors, RELs and RFLs act as an IAA-registered adviser in a commercial IAA-regulated organisation:

• the IAA Code of Standards prevails in any conflict between the two codes
• this reflects section 54 of the Legal Services Act 2007, which states that entity regulation overrides individual regulation in cases of conflict
• complaints will be handled under the IAA’s Complaints Scheme

Organisations employing solicitors in Scotland or Northern Ireland should check with the respective regulators to confirm whether those solicitors are directly authorised to provide immigration advice and/or services to the public.

10.6 IAA audits and file reviews

The IAA will not normally review the files of solicitors regulated by the SRA or the equivalent bodies in Scotland or Northern Ireland during premises audits.

However, if concerns arise about the organisation’s overall fitness or competence due to a solicitor’s conduct or the quality of their work, the IAA may:

• refer the matter to the relevant regulator, or
• request to review examples of the solicitor’s work (with the solicitor’s agreement or regulator support)

The SRA and the equivalent regulatory bodies have indicated that they will support any reasonable request from the IAA to review a solicitor’s work within an IAA-regulated firm.

10.7 Regulatory cooperation

The SRA, together with the equivalent regulatory bodies in Scotland and Northern Ireland, share responsibility with the IAA for ensuring that regulated individuals provide competent, professional, and high-quality advice and services.

The regulators will share information where complaints, audits, reviews, or disciplinary actions raise concerns about an individual’s conduct.

11. Professional standards and oversight

11.1 The IAA Code of Standards

Our Code of Standards sets the standards of conduct which are expected to be met by regulated organisations and advisers – and delivered for clients.

It comprises of nine core principles derived from the IAA regulatory objectives, which aim to:

• promote good practice to immigration advisers

• set standards for immigration advice and/or services

• make sure those standards are upheld

The Code of Standards is accompanied by guidance notes to assist with interpretation.

All registered organisations and advisers are accountable for compliance with the Code of Standards. A failure to meet our standards, or a breach of our regulatory requirements, may result in us taking regulatory action.

11.2 IAA audits

Purpose of audits:

The Commissioner has a statutory duty to ensure advisers are fit and competent and to promote good practice. Audits are a key tool for achieving these objectives. They allow the Commissioner to:

• assess whether organisations comply with the Code of Standards and Guidance on Competence

• review policies and procedures submitted at registration to confirm they are operating effectively

• examine client files and the work of authorised advisers to ensure advice is competent and cases are managed appropriately

Audit selection:

Each year, the IAA selects registered organisations for audit. Reasons for selection may include:

• newly regulated organisations requiring additional support
• organisations with complaints or concerns raised in the previous year
• changes in management, structure, areas of work, or registration level
• organisations previously audited and implementing improvements
• organisations with staff under supervision or multiple advisers across locations
• random sampling of organisations with no known issues

Audit timing depends on regional officer availability and organisational circumstances.

Access and cooperation:

Organisations must provide reasonable access for premises audits. Failure to cooperate may result in:

• the IAA seeking an inspection warrant
• cancellation of registration without right of appeal if access is persistently denied

Audit arrangements:

Organisations are contacted 2–4 weeks in advance to agree a date.

A confirmation letter will detail:

• audit type (premises or remote)
• attendees, date, and time
• documents required and audit scope (adviser competence and policies/procedures)

For remote audits, meetings are held via Microsoft Teams or a similar platform, and documents must be submitted electronically via a secure platform, such as WeTransfer or OneDrive. Electronic documents containing client files are deleted after the audit is concluded.

Client list requirement:

Before the audit, organisations must provide a complete client list since their last audit or registration date, including:

• client name
• level of work and case type
• file opening/closing dates
• case outcome (if closed)
• adviser name(s)

The IAA will cross-check this list with Home Office data.

Post-audit process:

Most organisations receive an Identified Issues Report (IIR) within 10 working days. If no issues are found, confirmation will be provided in writing. The IIR outlines:

• breaches or poor practice
• required remedial actions or improvements
• requests for further information or confirmation of compliance

Organisations should respond within 10 working days, addressing each action point clearly.

Additional points:

• advisers may need to complete training or resit a competence assessment
• if the Commissioner is not satisfied with fitness and competence, a report will be issued for comment before any action; cancellation decisions carry a full right of appeal
• audits are intended as an opportunity for improvement; regional officers can provide advice

11.3 How to make a complaint or respond to one

The Commissioner can accept complaints about immigration advice and/or services from any source. Complaints do not need to come directly from the client - they can also be submitted by a third party, such as a friend, another advice organisation, or a voluntary group.

Complaints should normally be made within 12 months of the complainant first becoming aware of the issue.

If a complaint is about someone authorised and regulated by a Designated Professional Body or Designated Qualifying Regulator, or someone working under their supervision, the Commissioner will usually refer the matter to the relevant regulatory body.

The Commissioner cannot deal with complaints about:

• the Home Office or any other government department
• the Tribunal Service (Immigration and Asylum Chamber) or its staff

The Commissioner will not usually accept complaints that are the subject of legal proceedings and will not reimburse any fees, expenses, or costs involved in bringing a complaint.

If you wish to make a complaint about the IAA or the conduct of an IAA staff member, it will be handled under a separate procedure. Full details of this procedure can be found on the IAA’s website.

How to make a complaint:

To submit a complaint:

• visit the IAA Portal
• select if your complaint is about an immigration adviser or the IAA

If your complaint concerns an adviser, you will be prompted to download and complete the complaint form, then upload it to the Portal along with all relevant supporting documentation.

If you are unable to submit your complaint through the Portal, you may do so by email or post. Further information, including how complaints are managed, key responsibilities and essential practice points, can be found in the complaints scheme.

If you wish to report a registered adviser who is not acting in accordance with our requirements or someone who is operating illegally without being regulated, you can do so via the report it tool on the Portal.

Complaints redirection scheme for regulated organisations:

The IAA Complaints Redirection Scheme allows the IAA to redirect certain complaints back to the regulated organisation involved. This gives the organisation an opportunity to resolve the issue without direct IAA intervention. This scheme does not replace the IAA’s formal complaints process.

The purpose of this scheme is to:

• encourage early resolution of complaints, including the possibility of compensation or other redress where appropriate
• promote adviser responsibility in handling complaints, in line with the Code of Standards
• reduce IAA involvement in complaints that can be resolved by the organisation

How the scheme operates:

If a complaint is suitable for redirection, the IAA sends the organisation:

• a copy of the complaint
• a Complaint Notification Letter (CNL)
• a Complaint Investigation Record (CIR)

The organisation has two weeks to investigate the complaint using its IAA-approved complaints procedure.

Once the investigation is complete, the organisation must return the completed CIR and any supporting documents to the IAA.

The IAA reviews the response:

• if the Commissioner is satisfied, the complaint will be closed
• if not, the IAA may carry out a formal investigation and issue a Statement of Complaint

11.4 How your personal data is used and protected

Our personal information charter contains the standards you can expect when we ask for, or hold, your personal information. It also covers what we ask of you, to help us keep information up to date.

Under Article 17 UK GDPR, individuals can request for their data can be removed for example where:

• the data is no longer necessary for the purpose it was collected
• they withdraw consent (where consent was the legal basis)
• the data has been processed unlawfully
• they object to processing and there is no overriding legitimate reason to keep it

The IAA has regulatory duties and operates under legislation and so can refuse deletion, lawfully, under the following:

• legal obligations (tax, employment, regulatory requirements)

• legal claims or defending litigation

• public interest or regulatory duties

For further information on what personal data we collect, why we collect it, how we use it and how long we retain it, please see our privacy notice for applicants, advisers and complainants.