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.
