Home Office submits key changes to Parliament that enhance IAA's legislative powers.
The Home Office has tabled important amendments to the Border Security, Asylum and Immigration Bill , which will provide the Immigration Advice Authority (IAA) with enhanced legislative powers for regulation and enforcement.
The amendments build upon the Bill's core aim to strengthen law enforcement's ability to identify, disrupt and prevent serious and organised immigration crime across the UK.
John Tuckett, Immigration Services Commissioner, said:
"We welcome the amendments to the Border Security, Asylum and Immigration Bill that will strengthen and build on the IAA's powers to combat illegal activity.
"These measures will also allow us to ensure our regulatory regime is watertight, helping us to create a more level playing field for advisers and organisations that play by the rules.
"As an organisation that operates with advice seekers at the heart of everything we do, we believe effective enforcement and regulation is essential for maintaining public trust in our immigration system."
New regulatory powers
The amendments to the Bill improve the IAA's ability to tackle the provision of poor immigration advice by those who are regulated, consequently enhancing the protection of individuals seeking immigration advice. Powers include:
Financial sanctions - the ability to fine regulated organisations up to £15,000 for compliance failures.
Fee refunds and compensation - the ability to require repayment of fees and compensation up to £250,000.
Cancellation of registration - the ability to cancel with immediate effect the registration of individuals and organisations who create a risk of serious harm to advice seekers or the immigration system.
Suspension of registration - the ability to suspend an individual or organisation from the IAA register where serious harm is suspected while an investigation takes place, or where someone is charged with an offence of dishonesty, deception or an indictable offence.
Compelling co-operation - the ability to impose a fine on individuals who are the subject of a complaint and fail to cooperate with an IAA investigation.
New enforcement powers
The amendments to the Bill improve the IAA's ability to tackle illegal activity and provide redress for victims. Powers include:
Financial sanctions - the ability to fine unregulated advisers up to £15,000 for providing advice or failing to comply with the complaint investigation. The IAA retains the power to prosecute if more appropriate.
Fee refunds and compensation - the ability to require repayment of fees and compensation up to £250,000.
Other changes
The Bill will also include the following further changes:
Supervision - the ability to prevent those with specific prohibitions in relation to providing immigration advice from doing so under supervision.
Charging - the ability to charge for different services, such as IAA competence assessment exams.
Relevant matters - creating a power to amend the definition of 'relevant matters' (topics of advice requiring regulation) using secondary legislation.
Both the regulatory and enforcement powers above will have a right of appeal to the First Tier Tribunal.
The IAA will undertake engagement with regulated organisations and other stakeholders about how the powers will be implemented.
You can follow the progress of the Bill on the Parliament website .
