3 The responsibilities of an immigration advisor
All UK based immigration advisors have a number of responsibilities, including a duty to:
- remain fit and competent (this includes keeping up-to-date with the law and procedure)
- comply with the IAA Code of Standards
- act in the best interests of their clients.
These responsibilities are both to their clients and to the Immigration Services Commissioner, who also has responsibilities and a general duty to promote good practice by immigration advisors, and to ensure that they are fit and competent to provide it.
The requirement of fitness and competence is rigorously applied throughout the IAA levels, and in ongoing requirements for continuing professional development (CPD) and record-keeping. There are additional rules for any organisation that seeks to provide immigration advice or to employ immigration advisors. Further details can be found on the IAA website.
Fitness and competence
An immigration advisor’s fitness and competence are measured by their requirement to demonstrate:
- relevant knowledge (by successfully completing the relevant IAA examination).
- a record of honesty and compliance with the law
- financial probity.
Criminal record checks can be made; financial probity involves a search of publicly available registers. There is a centrally held register of people who have been declared bankrupt and have not been discharged from bankruptcy; there is also a list of County Court Judgments related to unpaid debts. If an applicant for a Level 1 examination has a criminal record or unpaid debts, or is bankrupt, they will not be able to qualify to provide immigration advice.
Registration
It is a criminal offence to provide immigration advice or services in the UK unless the organisation you work for is regulated by the IAA or is otherwise covered by the Immigration and Asylum Act 1999.
Members of certain professional bodies, such as solicitors, legal executives, barristers and advocates, may give immigration advice without registering with IAA.