The Border Security, Asylum and Immigration Bill has now received
Royal Assent and become the Border Security, Asylum and
Immigration Act 2025.
The new Act introduces a comprehensive package of reforms to
strengthen the UK's borders and grants the Immigration Advice
Authority (IAA) enhanced legislative powers for regulation and
enforcement.
John Tuckett, Immigration Services Commissioner, said:
The enactment of the Border Security, Asylum and Immigration Bill
is a pivotal moment for the UK's immigration advice sector. This
will provide us with the strongest tools we've ever had to
protect the public and drive out unregistered and exploitative
advisers.
As planning for implementation begins, we intend to use these new
powers to raise standards, strengthen accountability, and ensure
that anyone navigating the immigration system can rely on
regulated and trustworthy advisers.
This is a significant step toward creating a fairer and safer
immigration advice landscape.
New regulatory powers
The Act will strengthen the IAA's ability to tackle the provision
of poor immigration advice by those who are regulated, thereby
improving protections for individuals seeking advice. Although
these new powers are not yet in effect, they will 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 Act will strengthen the IAA's ability to combat illegal
activity and deliver redress for victims:
- 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 Act also sets out the following additional changes to come
into effect:
- Supervision – the ability to prevent those with specific
prohibitions in relation to providing immigration advice from
doing so under supervision.
- Charging – the ability for the IAA to charge for different
services, such as competence assessment exams.
- Relevant matters – creating a power to amend the definition
of ‘relevant matters' (topics of advice requiring regulation)
using secondary legislation.
- Commissioner and Deputy Commissioner – Introducing
flexibility in the length of the Commissioner's appointment term,
changes to the role of the Deputy Commissioner, and permitting
the delegation of the Commissioner's powers to an officer under
specified circumstances.
The IAA has produced a factsheet that clearly
summarises its new powers and outlines what they could mean for
advisers, organisations, their clients, and the wider immigration
advice sector.
The IAA will continue engaging with regulated organisations and
other stakeholders to provide regular updates, as these powers
are still subject to further planning and preparation before
implementation.
