Becoming a licensed immigration adviser

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What types of licence are available?

There are three different kinds of licence: full, limited and provisional. Although the areas of competence are similar for the three types of licence, the level of knowledge and performance indicators differ.

• Full licence: may be granted when an immigration adviser has proven overall competence in all areas of immigration advice. An immigration adviser with a full licence can provide advice across the entire range of immigration matters.

• Limited licence: authorises immigration advisers to provide immigration advice, without supervision, in relation to specified matters only. A person who holds a limited licence may have chosen to specialise in one particular area, so they must prove that they can provide immigration advice, unsupervised, in relation to that specialist area only.

• Provisional licence: allows an immigration adviser to provide immigration advice, but only under the direct supervision of a fully licensed immigration adviser. A provisional licence may be granted to new entrants to the industry, who have some knowledge of immigration matters but little or no experience and people who do not qualify for a full licence but are otherwise sufficiently competent to provide advice under supervision. Our provisional licence and supervision policy gives more detailed information.

Licence status

Cancelled

Licences can be cancelled if:

• the licensee is prohibited from holding a licence under the Immigration Advisers Licensing Act;
• the licence was granted on the basis of false or fraudulent information;
• the licence or renewal application fee (or Adviser's levy) was paid by means that have subsequently been dishonoured; or
• the licensee has died.

Advisers who breach the code of conduct can also have their licences cancelled by the Immigration Advisers Complaints and Disciplinary Tribunal.

For more information, see section 27 of the Immigration Advisers Licensing Act 2007.

Suspended

The Immigration Advisers Complaints and Disciplinary Tribunal can suspend an adviser's licence as a disciplinary measure.

A licence can also be suspended by the Tribunal if all the following conditions are met:

• A complaint has been made against an adviser;
• The complaint has been referred to the Tribunal;
• The complaint is being prepared for submission to the Tribunal; and
• The Tribunal considers that suspension is in the public's best interest.

A person whose licence has been suspended may not apply for a further licence throughout the duration of the suspension.

For more information, see section 29 of the Immigration Advisers Licensing Act 2007.

Surrendered

A licensed adviser can at any time voluntarily surrender that licence by written notice to the Registrar of Immigration Advisers. The surrender takes effect on the date given in the notice or, if no such date is given, on the day the notice is received by the Registrar.

For more information, see section 31 of the Immigration Advisers Licensing Act 2007.

Expired

Licences must be renewed annually. If no application to renew the licence is made on or before the licence expiry date, the licence is considered expired. It must then be recorded in the register of licensed immigration advisers.

For more information, see section 33 of the Immigration Advisers Licensing Act 2007.

Refused

To obtain and hold a licence, advisers will have to meet competency standards, adhere to a code of conduct, pay any relevant fees and/or levies, and be "fit" to practise. An applicant's personal history will be considered, including criminal convictions, immigration offences, bankruptcy or other issues that might make them unsuitable to provide immigration advice and receive a licence.

Should an applicant not meet these conditions, they may be refused a licence (refused applicants have the right to appeal to the Registrar of Immigration Advisers).

All refused applicants must be listed on the register of immigration advisers.

For more information, see sections 18-21 and section 78 of the Immigration Advisers Licensing Act 2007.