Immigration Advice Authority says amendments to Border Security, Asylum and Immigration Bill will help tackle provision of poor immigration advice
In a press release issued today, the Immigration Advice Authority (IAA) has welcomed proposed amendments to the Border Security, Asylum and Immigration Bill that would significantly expand its powers to regulate immigration advisers and enforce standards across the sector.
Image credit: UK GovernmentAnnounced by the Home Office, the changes are designed to strengthen the IAA's ability to oversee those offering immigration advice and take action against unlawful or poor practice.
The proposed amendments would give the IAA new regulatory powers over individuals and organisations on its register, including the ability to impose financial penalties of up to £15,000 for compliance breaches and to require repayment of fees and compensation to clients, up to a maximum of £250,000. The IAA would also be empowered to immediately cancel the registration of advisers who pose a serious risk to clients or the integrity of the immigration system, and to suspend registration in cases where serious harm is suspected or where an adviser has been charged with serious criminal offences such as dishonesty or deception. Individuals who fail to cooperate with investigations could also face financial penalties.
The IAA says these powers will improve its ability to tackle the provision of poor immigration advice by regulated advisers and thus help protect individuals seeking immigration advice.
In terms of enforcement powers, the amendments would also enhance the IAA ability to act against unregulated advisers. It would be able to issue fines of up to £15,000 to those providing unauthorised advice or obstructing investigations, and to order fee refunds and compensation up to £250,000. Prosecution would remain an option for more serious breaches.
Additional provisions would give the IAA the ability to charge for certain services, such as assessments for adviser competence. The amendments would also restrict those prohibited from offering advice from doing so under supervision, and allow the definition of regulated advice to be updated via secondary legislation. All decisions made under these new powers would be subject to appeal before the First Tier Tribunal.
The IAA adds that it will consult with advisers and stakeholders on how the new powers will be implemented.
You can read all of the proposed amendments to the Bill here.