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How Borderless is regulated: the Immigration Advice Authority (IAA)

Who regulates immigration advice in the UK, what Borderless's IAA Level 1 registration covers, and what falls outside it.

Written by Tom Hext

Who regulates immigration advice in the UK

Immigration advice in the UK is regulated by the Immigration Advice Authority (IAA), previously known as the Office of the Immigration Services Commissioner (OISC). The IAA operates under the Immigration and Asylum Act 1999. Under that Act it is a criminal offence, punishable by a fine and/or imprisonment, for anyone to provide immigration advice or services without being authorised to do so.

How Borderless is regulated

Borderless is registered with the IAA at Level 1 (Advice and Assistance). This authorises us to advise on and prepare applications that rely on the straightforward presentation of facts to meet a set of qualifying criteria.

What Level 1 covers

  • Work visa applications (business immigration) for workers and employers, including Skilled Worker and Health and Care Worker visas

  • Sponsor licence applications

  • Certificate of Sponsorship (CoS) support

  • Applications for permission to enter or stay, and variations of leave, in straightforward cases

What falls outside Level 1

  • Complex or discretionary applications

  • Cases involving adverse immigration history, such as overstaying or a breach of visa conditions

  • Appeals, administrative review and asylum matters

  • Removal, deportation and immigration bail

If your case involves any of these, you will need an adviser authorised by the IAA at Level 2 or 3, or a solicitor.

What happens if a case falls outside our authorisation

If it becomes clear during a case that it falls outside Level 1, we must stop work and will signpost you to a suitably authorised adviser. See the Borderless Refunds Policy for how fees and credits are handled in this situation.

A note for employers

Licensed sponsors benefit from a statutory exemption that allows them to give basic immigration advice, up to Level 1, to the workers they sponsor and their immediate family members, provided the advice is free of charge and relates to an application under the sponsored work or study route. Employers do not need their own IAA registration for this.

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