Immigration Adviser: How to Find a Regulated Adviser

Immigration advisers can help you with most things to do with immigration, including helping you to fill in the right forms and representing you at a tribunal. They do not make immigration decisions. Check if the adviser is registered and if they charge a fee before you use them.

Related guides: no recourse to public funds, spouse visas when a relationship ends and the EU Settlement Scheme.

All immigration advisers must be registered with the Immigration Advice Authority (IAA) or be a member of an approved professional body. The IAA is an executive non-departmental public body, sponsored by the Home Office, that protects seekers of immigration advice through regulation, enforcement and promoting best practice. It regulates advisers to ensure they are qualified, competent and act in your best interests, but it does not provide immigration advice directly.

If you want a solicitor, you can find solicitors who give immigration advice through the Law Society if you live in England or Wales, the Law Society of Scotland or the Law Society of Northern Ireland, and a solicitor can help manage your case and find a barrister.

If you are managing your own case but want legal advice or advocacy, you can find a barrister through the Bar Council's Direct Access scheme if you live in England or Wales, the Faculty of Advocates if you live in Scotland or the Bar of Northern Ireland.

The IAA's immigration assistance practice note clarifies which activities are regulated by the IAA or by other legal services regulators, such as the Solicitors Regulation Authority, Bar Standards Board, CILEx Regulation, or their equivalents in Scotland and Northern Ireland.

Immigration advisers are only allowed to give you advice on things they are qualified to help you with, you can see what advice they can give you by their level, there are 3 levels, and you should check an adviser is allowed to give you the advice you need before you use them.

When you hire an immigration adviser you should find out how much they charge and if you will have to pay them, get a signed and dated receipt if you pay them any money, ask how much you will have to pay if you decide you do not want to use them any more, and agree a fee before they do any extra work for you.

Your adviser must give you a letter immediately after you hire them saying what work they are doing for you, how much you will be charged and how you will pay them. Some advisers do not charge a fee, but you will still have to pay for any expenses like translation costs and application fees.

Legal aid can help pay for legal advice or representation at a court or tribunal. You might be able to get legal aid for problems like seeking asylum or if you have been the victim of human trafficking.

You could get legal aid for cases that would not usually be eligible if your human rights are at risk, which is known as exceptional case funding (ECF), and you might be able to get exceptional case funding for immigration cases. For exceptional case funding you need to show that you are financially eligible and that being refused legal aid would infringe your rights under the European Convention on Human Rights or your retained EU rights to legal representation.

Most people use a lawyer to apply for exceptional case funding, but you can apply yourself by completing the relevant forms, which for an immigration case that does not need to go to a court or tribunal are form CIV ECF 1 and form CW1, and for one that goes to a court or tribunal are form CIV ECF 1 and form CW2 (IMM).

After applying for exceptional case funding you will usually get a decision within 25 working days, and if your case is urgent the Legal Aid Agency will prioritise it and aim to make a decision within 10 working days.

To get legal aid you will usually need to show that both your income and the value of your savings, investments and property are below a certain amount. A legal adviser will apply for legal aid for you and you cannot apply for legal aid on your own, but you can use the Check if you can get legal aid service, which is free to use, or phone Civil Legal Advice.

Civil Legal Advice is on 0345 345 4345, Monday to Friday 9am to 8pm and Saturday 9am to 12:30pm, and Relay UK users can call 18001 then 0345 345 4345.

If you cannot get legal aid you may be able to get free advice from the Law Centres Network, Citizens Advice and AdviceNow, and you can also pay for advice from a legal adviser or solicitor. Our legal aid guide explains how the means test works in more detail.

You can complain to the IAA about bad service you received from an adviser registered with the IAA or about immigration advice you received from an unregulated person. You can also ask someone to complain on your behalf, for example a friend, solicitor or voluntary organisation. There is a different way to complain about a legal adviser registered with a professional body but not regulated by the IAA, and the IAA may refer your complaint elsewhere if you complain about a solicitor or barrister.

• ✓Yes: Poor advice or service
• ✓Yes: Unreasonable fees
• ✓Yes: An adviser claiming you will be successful
• ✓Yes: An adviser charging for work not done
• ✓Yes: An adviser missing deadlines or failing to appear in court

• ✗No: How long your immigration application has taken
• ✗No: Something that is already part of an ongoing legal action
• ✗No: A refund or compensation
• ✗No: Home Office staff
• ✗No: A person or organisation outside the UK

You usually cannot make a complaint about something that happened more than 12 months ago, and the IAA will decide whether or not to investigate depending on the situation.

You can email info@immigrationadviceauthority.gov.uk to report someone giving immigration advice who is not regulated by the IAA or another approved body.

The table shows where GOV.UK points you for a solicitor, a barrister and support with a complaint in each nation. There are different legal aid rules in Scotland and different legal aid rules in Northern Ireland.