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Immigration solicitor or IAA adviser: the difference

Both are allowed to give UK immigration advice. Solicitors are regulated by the SRA and must publish prices for immigration applications; IAA advisers are registered at Level 1, 2 or 3 and limited to that level. The differences are in scope, where they can practise, how they handle money and where you complain.

When you search for immigration help in the UK you meet two kinds of regulated professional: solicitors, and advisers registered with the Immigration Advice Authority (IAA, formerly the OISC). Both are qualified persons under section 84 of the Immigration and Asylum Act 1999. Neither is automatically the right choice.

This page sets out how the two systems differ on the points that affect you as a client: what each may do, where, how fees are published and collected, and what happens if something goes wrong.

The legal basis for each

Section 84(2) of the Immigration and Asylum Act 1999 lists who may give immigration advice:

  • (a) a person registered with the Commissioner, which today means an IAA-registered adviser
  • (ba) a person authorised by a "designated qualifying regulator". Section 86A lists the Law Society (solicitors, regulated by the Solicitors Regulation Authority), the Institute of Legal Executives and the General Council of the Bar
  • (b) a person authorised by a designated professional body in Scotland or Northern Ireland (section 86)
  • (e) someone working under the supervision of any of these

So a solicitor does not need IAA registration, and an IAA adviser does not need to be a lawyer.

What each may do

IAA advisers work within a level. The IAA describes Level 1 as straightforward applications, Level 2 as casework including administrative review, asylum and human rights claims, and removal cases, and Level 3 as adding representation at immigration tribunal appeals. Code 3.3 of the IAA Code of Standards bars work above the authorised level or category without written permission.

Solicitors are not divided into IAA levels. Their authorisation to provide immigration advice and services is subject to the SRA's own regulatory arrangements (section 84(3A)(a)). The SRA's Transparency Rules treat both immigration applications and advice and representation at the First-tier Tribunal (Immigration and Asylum Chamber) as solicitor services. A solicitor's general authorisation does not tell you how much immigration work they do; ask.

Barristers and chartered legal executives are the other two professions listed in section 86A, through the General Council of the Bar and the Institute of Legal Executives.

Where they can practise

Section 84(3A)(b) limits the solicitor and barrister route under (ba) to advice and services given in England and Wales, whether or not the client is there.

In Scotland and Northern Ireland, lawyers are authorised through the Law Society of Scotland, the Law Society of Northern Ireland, the Faculty of Advocates or the General Council of the Bar of Northern Ireland (section 86).

IAA registration is a UK-wide scheme. That is why, in Scotland and Northern Ireland, IAA organisations and local lawyers are the two options, and an England and Wales solicitor's authorisation does not extend there.

How prices are published

Solicitors: SRA Transparency Rule 1.3(c) and (d) require firms that offer immigration applications (excluding asylum) or First-tier Tribunal immigration appeals (excluding asylum appeals) to publish cost information on their website. Rule 1.5 says it must include the total cost or a range, the basis of charges (hourly rates or fixed fees), the experience and qualifications of the people doing the work, likely disbursements, VAT, and what is and is not included. Publicly funded (legal aid) work is excluded (rule 1.2).

IAA advisers: there is no equivalent rule to publish prices on a website. Code 9.1 requires fee-charging organisations to "have a fee scale and only charge a reasonable fee that directly relates to the work done". The IAA's guidance says the fee scale should be shared with clients and prospective clients, and that where a range is used, a top fee almost twice the lowest without a reasonable explanation is likely to be treated as overcharging.

Either way, you can and should get the price in writing before work starts. Our guide to immigration solicitor costs shows what published firm prices looked like on 9 October 2026.

How your money is handled

IAA advisers have specific rules on taking payment:

  • Code 9.2: an invoice must be issued when payment is required, with proof of payment.
  • Code 9.3: where you have authorised card payments in advance, fees can only be taken seven days after the invoice is given to you.
  • Code 9.4: money taken in advance must be held in a separate client account. The IAA's fees practice note says this must be at a bank operating in the UK, the account name must include the word "Client", and the money remains yours until you are invoiced for completed work.
  • The same note encourages clients to pay Home Office fees directly to the Home Office.

Ask any adviser when you will be invoiced, when you will pay, and whether any money you pay in advance goes into a client account.

Client care, complaints and redress

IAA advisers must give every prospective client an effective client care letter (code 5.3). The IAA's guidance lists what it should contain: who the client is, the instructions and work agreed with estimated timeframes, the costs, possible additional costs, the adviser's contact details, the complaints procedure, and confirmation that the organisation is regulated by the Commissioner. Complaints about a registered adviser go first to the organisation and then to the IAA through its online portal. The IAA also takes complaints about unregulated advisers.

Solicitors must publish their complaints procedure on their website, including how and when a complaint can be made to the Legal Ombudsman and to the SRA (SRA Transparency Rule 2.1).

Files, updates and changing adviser

IAA advisers are bound by specific file and conduct codes. The Code of Standards requires regular written progress updates (code 5.5), prompt return of your documents (5.7), a closure letter when your case ends (5.8), transfer of your file to a new adviser on request "irrespective of whether any payment is outstanding" (5.9), retention of the file for at least six years (5.10) and current professional indemnity insurance (8.2).

For solicitors, the SRA Transparency Rules we read for this page deal with information, not file handling, so ask a firm for its terms of business and client care information before you instruct it. What the Transparency Rules do say matters for insurance. A solicitor providing legal services to the public other than through an SRA-regulated firm must tell clients before engagement if they are not required to meet the "MTC" (the rule's own abbreviation), and specify that alternative insurance arrangements are in place. Where it applies, they must also tell clients they will not be eligible to apply for a grant from the SRA Compensation Fund (rule 4.3). If a solicitor is working on their own account rather than in a firm, ask which of these applies to you.

In both systems, asking "who holds my documents, and how do I get them back?" before you hand anything over is reasonable.

If it goes wrong: the Legal Ombudsman route

For a solicitor, the Legal Ombudsman's published guide sets out the order of steps. First you complain to the firm, and the Ombudsman recommends doing it in writing and keeping a note of what you said and when. The firm has up to eight weeks to put things right. If you are unhappy with its final response, or it gives none within eight weeks, you can bring the complaint to the Ombudsman with a copy of your complaint and the firm's response.

The Ombudsman's guide gave these timings on 9 October 2026: up to 12 weeks for initial checks, and 9 to 12 months for most cases to be accepted and an investigation to begin. It said most investigations are completed in 3 to 6 months, with complex ones taking up to 12. Its final decision has no appeal stage within its process.

Those timings matter for planning. A complaint to the Ombudsman is a way to seek a remedy for poor service. It is not a way to rescue an application with a deadline running. For complaints about a registered IAA adviser, the route is the organisation's own complaints procedure and then the IAA's online complaint portal.

Things that are the same

  • Both must be on a public register you can search: the IAA Adviser Register or the SRA Solicitors Register.
  • Both must display their registration details: IAA code 6.1; SRA Transparency Rules 4.1 and 4.2.
  • Neither can promise a result. The Home Office decides applications, and IAA advisers may not advertise success rates (code 6.5).
  • Both must tell you how to complain: IAA advisers in the client care letter, solicitors on their website.

When it is worth paying for regulated help

People tend to pay for regulated help when their facts don't fit the standard evidence, after a refusal, or when a deadline is running. The choice between a solicitor and an IAA adviser usually comes down to practical points you can check: whether they are registered at the level the work needs, where they practise, what they publish or quote as a price, and who will do the work.

A typical engagement starts with a consultation, then a written client care letter or engagement letter setting out the scope and fee before any application work begins.

The Migratio UK directory lists IAA-registered organisations and SRA-regulated firms side by side, each with its regulator and registration number, so you can compare on facts and check each one yourself.

Migratio is not regulated by the IAA or SRA and does not give immigration advice. This page explains how the rules work in general. It is not advice on your own case.

Questions people ask

Is an OISC adviser as good as a solicitor?

Both are legally allowed to give immigration advice. The law does not rank them. IAA (formerly OISC) advisers are limited to their registered level, and solicitors' immigration authorisation covers England and Wales. Check registration, level, experience and the written price for the specific work you need.

Are IAA advisers cheaper than solicitors?

There is no published comparison. Solicitors must publish immigration prices on their websites under the SRA Transparency Rules. IAA advisers must have a fee scale and charge a reasonable fee for the work done, but are not required to publish prices online, so ask for the fee scale and a written estimate.

Can an immigration adviser represent me in court?

The IAA says Level 2 advisers cannot represent you in court but may be able to represent you in specific tribunals, and Level 3 advisers can represent you in immigration tribunal appeals. Solicitors and barristers are regulated outside the IAA level system.

Can an English solicitor give immigration advice in Scotland?

Section 84(3A)(b) of the Immigration and Asylum Act 1999 limits the solicitor route to advice and services provided in England and Wales. In Scotland, lawyers are authorised through the Law Society of Scotland or the Faculty of Advocates, and IAA-registered advisers can also practise there.

Who do I complain to about an immigration solicitor?

First to the firm, using the complaints procedure it must publish on its website. The procedure must explain when you can go to the Legal Ombudsman and the SRA (SRA Transparency Rule 2.1). Complaints about IAA advisers go to the IAA.

Sources

Last checked 2026-10-09.

Related guides

  • How to check a UK immigration adviser is registered — In the UK only a "qualified person" may give immigration advice: an IAA-registered adviser, a solicitor, barrister or chartered legal executive, or someone working under their supervision. Ask for the regulator and registration number, then check it yourself on the IAA Adviser Register or the SRA Solicitors Register.
  • IAA adviser levels 1, 2 and 3: what each can do — The IAA registers immigration advisers at three levels. Level 1 covers straightforward applications, Level 2 adds casework such as complex applications and administrative review, and Level 3 adds representation at immigration tribunal appeals. Advisers must not work above their authorised level.
  • How much does an immigration solicitor cost in the UK? — On the price pages of four SRA-regulated firms read on 9 October 2026, legal fees for a spouse or partner visa application started between £2,000 and £8,000 plus VAT, and hourly rates ran from £175 to £800 plus VAT. Home Office fees and the healthcare surcharge are paid on top.
  • Questions to ask an immigration adviser before you pay — Before you pay, a UK immigration adviser should be able to show you their registration, their level, a fee scale and a written client care letter. IAA advisers must invoice you, give a receipt, keep money paid in advance in a separate client account, and wait seven days after an invoice before taking a pre-authorised card payment.
  • How to complain about an immigration adviser — Complaints about IAA-registered advisers, and about advice from unregulated people, go to the Immigration Advice Authority. Service complaints about solicitors and other legal professionals go first to the firm and then, after 8 weeks or an unsatisfactory reply, to the Legal Ombudsman. Serious misconduct by a solicitor can be reported to the SRA.