Understanding the Different Levels of Immigration Advice Regulated by the IAA in the UK
Understanding the Different Levels of Immigration Advice in the UK
Navigating the complexities of immigration law can be a daunting task, especially when it comes to understanding the different levels of advice and assistance available. In the UK, immigration advisers are regulated by the Immigration Advice and Services (IAA) previously known as the OISC, which classifies advisers into three levels based on their expertise and the complexity of the cases they can handle. These levels are designed to ensure that individuals receive the right type of advice for their immigration needs. Here’s a breakdown of each level:
Level 1 – Advice and Application
Level 1 advisers provide assistance with most immigration matters, where the situation is relatively uncomplicated and the necessary documentation is in order. They can offer help with:
- Entry clearance: Advice on entering the UK under various visa categories.
- Leave to enter: Assistance with obtaining permission to enter the UK.
- Leave to remain: Guidance on staying in the UK for a specified period or indefinitely.
- Nationality and citizenship: Providing advice on obtaining or retaining British nationality.
- EU and EEA law: Information regarding rights under European Union and European Economic Area laws.
These advisers are equipped to assist with visa applications and extensions but are not typically suited for more complicated or contentious immigration issues. This does not imply lesser knowledge or experience, but rather the regulatory framework that determines the scope of work laid out by the regulating body, IAA.
Level 2 – Specialist Casework (Where immigration case falls outside of the immigration rules)
Level 2 advisers can handle all tasks performed by Level 1 advisers but also deal with more intricate immigration cases, especially where applications may rely on discretion or where it may fall out of immigration rules. These advisers are qualified to assist with the following:
- Applications with additional evidence: Level 2 advisers can help prepare applications that require extra documentation, such as support letters or evidence to substantiate the applicant’s claim.
- Family and private life applications: Advisers at this level can assist with visas and applications based on family reunification or human rights.
- Asylum and human rights: They can help with applications for asylum and human rights claims.
- Administrative review: If your visa application is refused, a Level 2 adviser can assist with requesting a review of the decision.
- Illegal entry or overstayed visas: Support if you entered the UK illegally or stayed past your visa expiry date.
- Deportation and removal: Help for individuals facing removal or deportation from the UK.
Although Level 2 advisers can assist in more complex cases, they are not authorised to represent clients in court. However, they may be able to represent clients in certain tribunals, providing crucial support in challenging situations.
Level 3 – Advocacy and Representation
Level 3 advisers are the highest level of immigration professionals and can handle the most complex cases. In addition to the services provided by Level 1 and Level 2 advisers, Level 3 advisers can offer:
- Representation in immigration tribunal appeals: These advisers have the expertise to represent clients in immigration tribunal hearings, offering advocacy in difficult or contested cases.
- Complex cases: They can provide comprehensive support with highly complex immigration matters, including those involving asylum, human rights, and family reunification.
- Full-scale immigration case management: Level 3 advisers are equipped to manage all aspects of complicated immigration cases, including court hearings and detailed documentation.
These advisers have the necessary experience and qualifications to handle even the most intricate immigration issues and can provide full legal representation.
Choosing the Right Adviser
When choosing an immigration adviser, it’s essential to consider the complexity of your case and select an adviser who is regulated at the appropriate level. For example, if your issue involves straightforward documentation or a simple visa extension, a Level 1 adviser may be sufficient. However, if your case is more complicated or involves family reunification or asylum, you might need the expertise of a Level 2 or Level 3 adviser.
The you increase the level of advisor, your budget may have to also increase as a result.
AHJ Immigration Services
AHJ Immigration is regulated at Level 1 and offers expert advice and assistance for UK Visa and Immigration matters, including asylum services. Whether you’re seeking entry clearance, leave to remain, or assistance with EU and EEA law, our experienced team is ready to guide you through the process with personalised, professional service.
If you’re looking for expert immigration advice, make sure to choose a regulated adviser who understands the nuances of UK immigration law and can provide you with the best possible support. To find out more about selecting the right immigration adviser, visit our guide on finding and using an IAA regulated organisation.