New rules, higher risk: What every Licensed Immigration Adviser needs to know now
Elly Fleming
23 October 2025
With changes made to the Immigration Advisers Licensing Act (2007) earlier this year, Licensed Immigration Advisers (LIAs) are facing a new era of accountability. This means increased scrutiny, broader powers for regulators and a greater risk of complaints.
At Pitt & Moore, we are here to support advisers by outlining what’s changed and how to respond if a complaint is made.
If you are advising clients on immigration matters, now is the time to take a close look at your everyday processes, client communication, and compliance systems. What used to be best practice may no longer be enough.
What is the Licensed Immigration Advisers Act, and what has changed?
The Immigration Advisers Licensing Act (2007) establishes a licensing scheme for individuals providing immigration advice, setting standards for professionalism and ethical conduct.
It requires individuals who give immigration advice to be licensed (unless exempt) and provides systems to protect migrants and other customers from exploitative or incompetent advisers.
The March 2025 amendments simplify the complaints process and increase the standards advisers must meet, while giving the Immigration Advisers Complaints and Disciplinary Tribunal and the Registrar more say in licensing and disciplinary decisions.
What’s changed:
- Simpler complaints process – Complainants no longer need to identify specific legal grounds when lodging a complaint to the IAA, just a description of the issue is enough.
- Explicit authority to refuse application – INZ can now refuse online, or hard copy visa applications submitted by unlicensed or non-exempt advisers, with no refund provided.
- Expanded Tribunal powers – The Tribunal can now downgrade licences in addition to existing sanctions.
- Wider appeal rights – Advisers now have broader rights of appeal to the District Court.
- Public register updates – The Registrar can remove outdated or unnecessary information from the public register of LIAs.
- Stricter licensing assessments – The Registrar has broader discretion in assessing an adviser’s fitness to hold a licence, resulting in increased scrutiny.
What this means for advisers?
With frequent immigration rule changes and stricter oversight, advisers face greater risks of complaints, breaches of the LIAs Code of Conduct, and reputational damage. Advisers should:
- Stay vigilant in keeping abreast of changes in immigration rules.
- Maintain robust compliance and risk-management systems.
- Consider professional indemnity insurance to protect against financial loss and legal costs from claims of mistakes, omissions, or negligent advice.
What is the day-to-day impact on Licensed Immigration Advisers?
The legislative changes have a practical impact on how advisers operate. Here’s what they mean in real terms:
Client communication
Moving forward, Licensed Immigration Advisers should continue to:
- Always make clear their licensed status in client communications.
- Ensure this status is included in written client agreements, pre-engagement material and any updates.
- Make very clear the service scope.
Recordkeeping obligations
Licensed Immigration Advisers must maintain clear, complete, and dated records that prove they were the sole provider of immigration advice. This includes signed client agreements outlining their role and scope of work and copies of all material client communications and instructions.
Compliance and liability risks
- Inability to prove compliance through records or processes may result in disciplinary action, fines, or licence suspension.
- Failing to meet expectations could result in long-term reputational damage.
Best practice for Licensed Immigration Advisers
To stay compliant under the Immigration Advisers Licensing Act 2007, advisers need to:
- Ensure unlicensed staff do not provide immigration advice – only assist with clerical work – if unsure of definition of clerical work seek advice
- Engage directly with clients and get direct instructions from clients – do not use unlicensed individuals (either onshore or offshore) to manage the entire immigration process on your behalf.
- Stay informed and up to date with changes to immigration instructions as well as the Immigration Act to meet competency standards.
- Do not dabble in areas that are beyond your expertise (for example do not provide employment law advice or Overseas Investment Act related advice if you do not have expertise and training in this area).
- Be honest, professional and respectful in your communications with clients
- Provide ongoing and timely updates to clients
- Keep good records
- Charge fees that are fair and reasonable
- Follow the LIAs Code of Conduct
What to do if a complaint is made
If you are notified of a complaint, your first step should be to consult with a legal professional experienced in immigration law. Seeking early advice from experts, such as our team at Pitt & Moore, can be invaluable in helping you frame your response and protect your professional reputation.
Preparation is also crucial. Gather all documentation related to the complaint, as these records may be critical in disproving allegations or demonstrating your compliance with required procedures.
Finally, ensure you cooperate fully throughout the process. Withholding information or failing to comply with requests for documentation can lead to further disciplinary consequences.
Unsure how these changes affect your practice?
I offer an initial, free 15-minute consultation to talk through your situation and help you understand how I can help. There’s no cost or obligation.