SRA and OISC make competing land-grabs for immigration work

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By Legal Futures

1 June 2012

Immigration: SRA says it is well positioned to take on regulation of non-lawyers

The Solicitors Regulation Authority (SRA) has launched a bid to regulate non-lawyer immigration advisers.

However, at the same time the body that oversees them – the Office for the Immigration Services Commissioner (OISC) – is seeking to take over the regulation of specialist lawyers.

The clash comes in responses to a Legal Services Board (LSB) consultation which found that there is likely to be “significant consumer detriment” in the complex way immigration work is currently regulated.

If this cannot be remedied, the LSB said it may begin a statutory investigation into making the work a reserved legal activity. Immigration is unique as a legal activity that can only be provided by regulated individuals but is not reserved. Those who provide advice but are not a solicitor, barrister or chartered legal executive have to be regulated by OISC.

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The SRA said that if the LSB decides immigration should be reserved, it is “well positioned, and would welcome the opportunity, to extend our regulatory reach to those immigration service providers who are currently regulated by OISC”.

However, in her response, immigration services commissioner Suzanne McCarthy said OISC regulates far more organisations providing immigration advice and is the specialist regulator for the sector.

She continued: “Given that the LSB is not seeking to make things more complicated, and given that you are concerned with work rather than title, the obvious solution would therefore be for my office to assume full responsibility for the regulation of all activity relating to the provision of immigration advice and services, regardless of the adviser’s status.”

The SRA noted that OISC does not have equivalent powers to the SRA to close down a failed business in an orderly way, “putting consumers’ interests at risk”. Ms McCarthy said “such powers could be acquired through legislation without in any way complicating or confusing the regulatory regime”.

She also argued that OISC has a “less confusing and more consumer-focused” complaints-handling scheme than the legal sector because her office considers both service and conduct complaints, whereas responsibility for those in the law is split between the Legal Ombudsman and the frontline regulators respectively.

In its response, the Law Society said that “if strong evidence was provided that suggested regulatory gaps would be best covered by making the provision of immigration advice and services a reserved activity… we would not have significant objections in principle”.

However, the society, along with the Bar Standards Board (BSB), questioned whether the LSB had provided the evidence to justify immigration work receiving special treatment.

The LSB said it expected the frontline regulators to “implement coherent, evidence-based approaches to manage risks to consumers and the public interest in the provision of immigration advice and services” by the end of 2012. , the BSB said this was premature and potentially disproportionate.


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One Response to “SRA and OISC make competing land-grabs for immigration work”

  1. To regulate non lawyers immigration advisers is a good thing. I am a qualified paralegal , with 13 years of work experience in Immigration Law. I was told by the OISC that I still have o reister before i become an adviser. What does not make sense to me is that, I can only apply if I am working for a law firm but no firms are willing to take someone who is not OISC accredited. I first applied but was refused because I was working for UKBA, now I no longer work for them, I still cannot apply. I was told I can apply to the OISC as a self employed adviser, the condition is, I need to have an office to practice from, a phone line, a fax , filing cabinets etc. I was told by the OISC there is no gurantee that I will be allowed to practice even if I pass all the assessment. Is there any justice in that? I believe all non-lawyers like myself should be allowed to practice without the need to be registered by the OISC.

  2. Morgan Murday on June 28th, 2012 at 10:44 pm

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