Immigration solicitor vs immigration adviser: what is the difference?

An immigration solicitor is a solicitor regulated by the Solicitors Regulation Authority (SRA) who gives immigration advice, usually in a law firm. An immigration adviser is registered with the Immigration Advice Authority (IAA) at one of three levels. The law says only a qualified person may give immigration advice or services in the UK.

How the two roles work

Immigration advice is a regulated activity. Section 84 of the Immigration and Asylum Act 1999 says no person may provide immigration advice or immigration services unless they are a qualified person.^{[1]legislation.gov.uk, Immigration and Asylum Act 1999, section 84: Provision of immigration services}

A person is qualified if they are a registered person, or authorised by a designated professional body to practise as a member of the profession it regulates, or authorised by a designated qualifying regulator. Someone acting on behalf of and under the supervision of one of those people is also covered.^{[1]legislation.gov.uk, Immigration and Asylum Act 1999, section 84: Provision of immigration services}

In practice that gives two main groups. Solicitors and barristers are regulated by their own professional bodies. Immigration advisers are regulated by the Immigration Advice Authority (IAA).^{[3]Immigration Advice Authority, About us - Immigration Advice Authority}

The immigration solicitor

GOV.UK says solicitors can help manage a case and find a barrister, and that you can find solicitors who give immigration advice through the Law Society if you live in England or Wales.^{[4]UK Visas and Immigration, Find an immigration adviser}

The IAA’s guidance on solicitors says section 84(2) of the 1999 Act allows people to give immigration advice without being regulated by the IAA if they are authorised by a designated qualifying regulator. It says this includes solicitors regulated by the Solicitors Regulation Authority (SRA), because the SRA derives its authority from the Law Society.^{[5]Immigration Advice Authority, IAA regulation and solicitors}

Under that guidance, a solicitor with a current practising certificate working in a traditional law firm, an SRA regulated alternative business structure or an authorised non-SRA firm does not need to apply to the IAA for regulation. That position was set out in guidance last updated in December 2021, so check the current IAA page.^{[5]Immigration Advice Authority, IAA regulation and solicitors}

The immigration adviser

The IAA was previously known as the Office of the Immigration Services Commissioner. It rebranded as the IAA in January 2025.^{[3]Immigration Advice Authority, About us - Immigration Advice Authority} It licenses and regulates people who want to provide immigration advice to the general public, but not legal professionals such as solicitors and barristers who are already regulated by their own professional body.^{[3]Immigration Advice Authority, About us - Immigration Advice Authority}

The IAA registers advisers at three levels:^{[2]Immigration Advice Authority, Information for advice seekers}

Immigration advisers can help with most things to do with immigration, including filling in the right forms and representing you at a tribunal. They do not make immigration decisions.^{[4]UK Visas and Immigration, Find an immigration adviser}

How to check and how to complain

The IAA’s Adviser Register lets the public check whether an organisation or individual is registered. The Adviser Finder helps you find registered advisers by location.^{[2]Immigration Advice Authority, Information for advice seekers} GOV.UK says all immigration advisers must be registered with the IAA or be a member of an approved professional body.^{[4]UK Visas and Immigration, Find an immigration adviser}

You should check whether an adviser is registered, and whether they charge a fee, before you use them. GOV.UK also says you cannot get your money back if an adviser is not regulated.^{[4]UK Visas and Immigration, Find an immigration adviser}

You can complain to the IAA about poor service from a registered adviser, about immigration advice from an unregulated adviser, and about the IAA itself.^{[2]Immigration Advice Authority, Information for advice seekers} The IAA can prosecute people who provide immigration advice illegally.^{[3]Immigration Advice Authority, About us - Immigration Advice Authority}

For information about costs at Compass, see the fees page.

Example

Maya needs help with an extension application with a simple set of documents. She checks the IAA Adviser Register and finds a Level 1 adviser, who can help with simple cases such as an extension where all documents are in order.

Tom’s application has been refused and he wants to appeal to the First-tier Tribunal. The IAA says Level 3 advisers can represent clients in immigration tribunal appeals. He could also instruct a solicitor. Before he pays anyone he checks the register, or checks that the solicitor is authorised, because money paid to an unregulated adviser cannot be recovered.

What people get wrong

The most common mistake is to assume that anyone who advertises immigration help is allowed to give it. UK law says only a qualified person may give immigration advice or services.

A second mistake is to treat all advisers as doing the same work. The three IAA levels cover different work, and Level 2 advisers cannot represent you in court.^{[2]Immigration Advice Authority, Information for advice seekers} A third is to pay first and check later. GOV.UK says you cannot get your money back if an adviser is not regulated.^{[4]UK Visas and Immigration, Find an immigration adviser}

The bottom line

Both solicitors and IAA registered advisers can give immigration advice, but they are regulated by different bodies and the level of work they can do differs. Check the regulator before you instruct anyone. A solicitor is authorised through the SRA and the Law Society. An adviser is registered with the IAA at Level 1, 2 or 3. If you want to talk through your options, you can contact Compass.