Who is exempt from Immigration Advice Authority registration and exams?

There are a number of quirks to the process of becoming an accredited immigration adviser under the Immigration Advice Authority (IAA). In this post we clarify who is required to apply for Immigration Advice Authority accreditation, who is exempt, and – for those who must apply – who is not required to sit the assessment.

Who needs to register for Immigration Advice Authority accreditation?

The Immigration and Asylum Act 1999 made it a criminal offence to provide immigration advice and/or services without being regulated. “Immigration advice” includes giving advice to a particular individual about their asylum claim, immigration or nationality application, the conditions of their status, entering or being removed from the UK, their appeal or judicial review. “Immigration services” refers to acting on a particular individual’s behalf, such as preparing their immigration application or lodging an appeal. 

Any person not exempt or regulated by another professional body must obtain authorisation from the Immigration Advice Authority before providing such advice or services.

These strict rules exist to protect people from bad advice, exploitation and harm. The consequences are serious – anyone providing immigration advice or services without being properly regulated face fines or even imprisonment. The Immigration Advice Authority’s annual reports record several such convictions each year.

Exemption from registration for qualified lawyers

Qualified and regulated solicitors, barristers (or advocates in Scotland) and CILEx practitioners may provide immigration advice and services if it is their field of specialism. Most other individuals and organisations need to be registered with the Immigration Advice Authority, except where a ministerial exemption applies (which we will come on to shortly).

Things get more complicated when solicitors work outside of traditional SRA-regulated firms. So much so that the Immigration Advice Authority has issued dedicated guidance outlining when its jurisdiction applies.  For instance, a solicitor working for a for-profit organisation that isn’t regulated by the SRA must register with the Immigration Advice Authority. But solicitors with practising certificates who work in Law Centres, charities or other non-profits providing advice services don’t need to register with the Immigration Advice Authority.

Where registration with the Immigration Advice Authority is required, solicitors should follow the specific registration process outlined here.

Exemption from registration for organisations and businesses

Charities, community organisations and businesses providing immigration advice or services in the UK are generally required to apply for registration with the Immigration Advice Authority. However, ministerial exemptions exist for employers and educational institutions in certain circumstances.

For example, sponsor licence holders can provide immigration advice and services to people they are directly sponsoring (and their dependent family members) provided it’s in connection to their application for entry clearance or leave to enter or remain in the UK on a sponsored work or study route. The advice or services provided must be free of charge.  

Employers and educational institutions who fall within the exemption don’t need to register with the IAA. S6.19 – 37 of the guidance for sponsors part 2: sponsor a worker – general information goes into detail about what licence holders can and can’t do, and the need to comply with the Immigration Advice Authority’s Code of Standards when providing advice and services.

Exemption from sitting the competence assessment

Most people who end up needing to register with the IAA will also need to sit the relevant competence assessment. Again though, we have some exceptions. 

The Law Society’s Immigration and Asylum Accreditation Scheme is a specific accreditation which allows practitioners to provide advice under a legal aid contract. Work eligible for legal aid in the immigration sector is limited to specific areas such as asylum, domestic abuse, trafficking and immigration bail.

Senior caseworkers and supervising senior caseworkers accredited under the Law Society’s scheme are exempt from the Immigration Advice Authority’s competence assessments in the asylum and protection category. However, those wishing to register in the immigration category – or who are accredited as casework assistants and trainee casework assistants under the Law Society’s scheme – are not exempt and will need to pass the assessment.

Senior caseworkers and/or supervising senior caseworkers accredited through the Law Society’s scheme who also successfully register in the IAA level 2 immigration category, will not need to take the IAA level 3 immigration assessment in order be approved for registration at that level. They will need to demonstrate they have acquired the relevant experience and training in their application to register at IAA level 3, though.

There is another exemption from the immigration category assessments for Law Society accredited senior caseworkers and supervising senior caseworkers who only provide legal aid immigration advice and services (e.g. domestic abuse and immigration bail applications, not asylum and protection work). Applications from this cohort will be decided on a case-by-case basis.

Exemption for trainee advisers

Finally, there’s a partial exemption for trainee advisers – i.e. anyone working under supervision at level 1, whether they are paid employees or volunteering. Although trainees don’t need to provide a competence statement or sit an assessment while they are providing advice under supervision, they do still need to register with the Immigration Advice Authority. This includes providing details of who they work for and when they started their training. The guidance and application forms are available here.