Fake immigration lawyers offering rogue ‘advice’ to migrants on how to lodge fraudulent asylum claims will be weeded out through tough new powers in the government’s milestone Border Security, Asylum, and Immigration Bill.
Currently, giving immigration advice without proper registration with the Immigration Advice Authority (IAA), or recognised legal regulatory body, is a criminal offence which can lead to jail time, but the IAA will be given new powers to also hit these fraudulent firms and individuals posing as immigration advisers with fines of up to £15,000.
Growing evidence has shown how these 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.
The new laws will also close a loophole that allows someone currently banned from giving immigration advice to continue giving advice under “supervision” – ensuring people banned from providing immigration advice cannot set up shop elsewhere.
The crackdown on fake immigration advisers is part of this government’s action to create an asylum system where the rules are respected and strictly enforced. It builds on a surge in illegal working enforcement activity and targets those exploiting vulnerable migrants who undermine the security of our immigration system.
These changes will be tabled as amendments to the Border Security, Asylum and Immigration Bill, which will tackle criminality across the spectrum by empowering law enforcement with counter-terror style powers to go after vile people smuggling gangs who continue to put lives at risk for cash.
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.
This will build on the vital work of the Immigration Advice Authority in regulating the immigration advice sector.
These fake lawyers and advisers are finding new ways to target victims. The IAA has found cases where individuals are 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.
Kang targeted people using Facebook support groups for migration advice, despite having little to no immigration knowledge. He claimed he could sort visa applications with his ‘special access’ to the Home Office, scamming his victims out of thousands of pounds in advance fees and taking personal identity documents. Kang even went so far as to set up weekly payments, make up fictional staff that were supposedly handling these applications and give out a fake professional premises address.
When each of the victims realised that their applications were going nowhere, Kang gave a range of excuses from family emergencies to delivery issues and offered full refunds that never arrived.
The Border Security, Asylum and Immigration Bill will give the IAA brand new powers to hold their registered advisers and organisations 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.
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. This move will prevent rogue operators from attempting to avoid investigation through simply leaving their role.
These powers will bolster work already taking place 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 was directly submitting hundreds of immigration applications with zero knowledge of the law firm that was meant to be ‘supervising’ them. These applications were bound to fail, wasting caseworkers’ time, and impacting people’s legitimate applications. Thanks to PED’s work, legal regulatory bodies have now launched an investigation.
