Regulations that immigration advisers must follow
Updated 25 October 2024
© Crown copyright 2024
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected].
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/regulations-that-immigration-advisers-must-follow--2/regulations-that-immigration-advisers-must-follow
Read guidance on how to become a regulated immigration adviser.
1. Audits
Audits allow the Office of the Immigration Services Commissioner (OISC) to check that all policies and procedures required by the commissioner’s code of standards are being followed. Audits also give advisers the opportunity to discuss any other issues that they might like to raise with the OISC.
1.1 What audits cover
Audits cover assessment of:
- policies and procedures
- adviser competence in providing immigration advice or services
When an adviser is due to be audited, OISC staff will explain how the audit process works, what’s involved, and timescales.
1.2 Arranging an audit
The OISC aims to audit all newly regulated organisations within 12 months of approval, and will decide when further audits are required. The office will contact advisers to arrange a suitable date for an audit.
2. Continued registration
Registered organisations that want to continue their registration with the OISC must re-register every year.
The OISC notifies all organisations by email several weeks before the continued registration application has to be submitted.
2.1 Continued registration fees
The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 No. 296 is:
| Level | Number of advisers | Continued registration fee |
|---|---|---|
| 1 | N/A | £733 |
| 2 & 3 | 1 to 4 | £1,646 |
| 2 & 3 | 5 to 9 | £2,041 |
| 2 & 3 | 10 and over | £2,698 |
2.2 Application for continued registration
Registered advisers need to download and complete the appropriate application(s) for continued registration for their organisation.
2.3 Professional Indemnity Insurance
All OISC regulated organisations must have current and adequate Professional Indemnity Insurance (PII). No organisation can be part of the regulatory scheme if it doesn’t have PII. Code 52 of the commissioner’s code of standards explain what’s required.
Depending on the policy’s terms, the adviser’s policy provider will cover compensation payable by an adviser to a client due to the adviser’s error, negligence, misrepresentation and/or inaccurate advice if this can be shown to have caused, or contributed to, the client’s financial or other loss.
Advisers need PII if they:
- provide advice to clients
- handle data belonging to a client or business
- are responsible for a client’s intellectual property
- provide a professional service and could be challenged on their work
Organisations are obliged to inform their insurance providers if they’re aware of either a potential claim or an actual complaint, as this makes it likely that any claim the adviser may make in respect of that matter on their policy will be accepted by the policy provider. An organisation that fails to do so is in danger of failing to comply with their policy’s conditions and consequently not having coverage.
2.4 PII and client care letters
If a client isn’t satisfied with the immigration advice and services provided, they’re entitled to raise their concerns with the regulated organisation. Codes 23-26 require advisers to include details of their complaint-handling procedure (see Code 79) in the client care letter they issue to all clients. The OISC strongly recommends that advisers also include in that letter information about their PII, using this suggested paragraph:
Professional Indemnity Insurance
The OISC requires us to have Professional Indemnity Insurance (PII). The purpose of PII is to cover any compensation we may need to pay to correct a mistake or to cover any legal costs due to negligence, misrepresentation and/or inaccurate advice which may cause, or contribute to, financial or other loss to the client.
3. Complaints scheme
The complaints scheme explains how the OISC deals with complaints against people providing immigration advice or services. It also covers people who are employed by the OISC or work under its supervision.
4. If your circumstances change
Advisers must notify the commissioner of any changes to their organisation that may affect an adviser’s or organisation’s competence or fitness within 10 days of the changes taking place.
Changes could include:
- a new adviser joining
- an adviser leaving
- ceasing to give immigration advice or services
- changing address
- taking someone on under supervision
- being placed under arrest
Advisers should contact [email protected] if they’re not sure whether they need to notify the OISC of any changes.
4.1 Adding a new adviser
New advisers joining an organisation which is already regulated by the OISC will be required to provide information which will allow the Commissioner to assess their fitness and competence to be registered as an OISC regulated adviser.
The organisation’s primary contact can begin the application for the new adviser within the applications portal by selecting the option ‘register a new adviser or raise the level of an existing adviser’. They will be invited to input an email address for the new adviser, their proposed level and category.
This triggers the process for applicant advisers to be invited to complete the information required on the system directly. To complete this the new adviser will need to create a GOV.UK One Login account. It is imperative that the applicant adviser registers with One Login using the same email address as specified in the application form by the primary contact.
Once the new adviser has added all the information required, the application is submitted to the OISC for consideration after which the new adviser will be invited to undertake any required assessments of competence.
A regulated adviser who is currently (or has been within the last six months) working at a different OISC organisation, can still seek that they simply be added to another organisation’s registration, without the need to make an application through the online form. To do this the primary contact should make the request through the enquiries tab within the OISC portal.
New applicant advisers must await a formal decision by the Commissioner made to the organisation, granting them registration, before they can provide immigration advice and services on behalf of the organisation.
4.2 Increase levels of existing advisers
Regulated organisations can apply to increase the level of registration of the organisation and/or individual advisers where they believe they’ve obtained the necessary training and experience to enable them to work at a higher level.
The organisation’s primary contact can begin the application within the applications portal. Please note:
- to raise the organisation’s level of registration, they should select ‘start an application for an existing organisation’.
- to raise only an adviser’s level, without any change to the organisations level, they should select ‘register a new adviser or raise the level of an adviser’
Where individual advisers will need to submit information in support of this application, they will be invited to do so.
Once all information required has been added, the application is submitted to the OISC for consideration, after which time advisers seeking to raise levels will be invited to undertake any required assessments of competence.
Advisers must await a formal decision by the Commissioner made to the organisation, granting them registration at the higher level, before they can provide immigration advice and services on behalf of the organisation at the new level.
4.3 Closing an immigration advice organisation
Advisers must inform the OISC that they will be closing down or ceasing to give advice. The organisation should notify the OISC of their plans to close the business ahead of the closure via the enquiries tab within the OISC portal.
Advisers should also inform clients of the situation and either refer the client’s case on to another advisory organisation or hand the client’s file back to the client.
5. Continuing professional development scheme
The continuing professional development (CPD) scheme encourages and helps advisers to keep learning so that they are best able to help their clients.
Further information can be found here.
6. Guidance and practice notes for advisers
The OISC produces a number of guidance and practice notes for immigration advisers.
7. Data protection
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.