Legal system under threat: Government Cracks Down on Fake Immigration Lawyers
The government’s milestone Border Security, Asylum, and Immigration Bill will introduce tough new powers to root out fake immigration lawyers offering rogue advice to migrants on how to lodge fraudulent asylum claims. Currently, giving immigration advice without proper registration with the Immigration Advice Authority (IAA) or recognized legal regulatory body is a criminal offense that can lead to jail time. However, the IAA will now be given new powers to hit these fraudulent firms and individuals posing as immigration advisers with fines of up to £15,000.
Rogue Immigration Advisers: A Growing Problem
Growing evidence has shown how fake lawyers are acting as middlemen for those trying to abuse the immigration system in a bid to stay in the UK or trying to cash in on people’s desperation, providing poor-quality or outright fraudulent immigration advice. These advisers are finding new ways to target victims, including using social media to trick people. For example, a case in October 2024 saw Sukhwinder Singh Kang sentenced at Southwark Crown Court after posing as a registered Level 3 immigration adviser with fake qualifications.
Closing Loopholes
The new laws will close a loophole that allows someone currently banned from giving immigration advice to continue giving advice under “supervision.” This ensures that people banned from providing immigration advice cannot set up shop elsewhere. The IAA will also be able to compel former advisers to take part in complaint investigations about their past conduct if they are no longer registered.
New Powers for the IAA
The Border Security, Asylum and Immigration Bill will give the IAA brand-new powers to hold their registered advisers and organizations to account. Similar to legal regulators, the watchdog will be able to immediately suspend advisers suspected of carrying out the most flagrant abuse of the immigration system or harming vulnerable people seeking advice. These faster and earlier interventions aim to stop rogue advisers in their tracks.
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Collaboration with Professional Enabler Disruptions Team
The IAA’s work will be bolstered by the Home Office’s expert Professional Enabler Disruptions team (PED), which helps root out this sort of criminality. For example, in November 2024, the team uncovered a London-based rogue lawyer who was directly submitting hundreds of immigration applications with zero knowledge of the law firm that was meant to be “supervising” them.
Minister’s Comments
Minister for Border Security, Dame Angela Eagle, said: “Shameless individuals offering immigration advice completely illegally must be held to account. That is why we are introducing these tough financial penalties for rogue firms and advisers, better protecting the integrity of our immigration system as well as vulnerable people in genuine need of advice, as we restore order to our asylum system through the Plan for Change.”
Protecting Vulnerable People
The government’s crackdown on fake immigration advisers aims to protect vulnerable people seeking advice and maintain the integrity of the immigration system. By introducing these new powers, the government is taking a significant step towards restoring order to the asylum system and ensuring that those seeking advice receive high-quality, legitimate guidance.
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