Short answer
Who is allowed to give immigration advice in the UK, US, Canada and Australia, how to check them, how fees work, and the warning signs of an immigration scam.
Immigration is one of the few areas where the person helping you must, by law, be authorised in most countries. A visa refusal, a missed condition or a false statement on a form can affect your plans for years, and the field attracts people who take advantage of that. The first job is to confirm that whoever you hire is allowed to advise you. This article is general information, not legal or immigration advice; rules change often, so always check the official government source for your case.
United Kingdom: advisers must be regulated
In the UK it is a criminal offence to give immigration advice or services unless you are qualified to do so. The people who can lawfully help are:
- Solicitors, regulated by the Solicitors Regulation Authority in England and Wales (and by the law societies in Scotland and Northern Ireland). You can check them on the SRA's register or the Law Society's Find a Solicitor service.
- Barristers and chartered legal executives who are authorised for this work by their own regulators.
- Registered immigration advisers, regulated by the Immigration Advice Authority (IAA), which was previously called the Office of the Immigration Services Commissioner (OISC). Advisers are registered at different levels, and each level allows a different scope of work, such as simple applications, more complex cases or appeals. Check that the level and categories on the register cover your type of case.
Friends and family can help you fill in a form for free, but anyone charging for advice must be regulated or exempt.
Canada: lawyers or licensed consultants
In Canada, only authorised representatives can charge a fee to represent or advise you on an immigration or citizenship application. These are:
- Lawyers who are members of a provincial or territorial law society, and in Ontario, licensed paralegals.
- Notaries who are members of the Chambre des notaires du Québec.
- Regulated Canadian Immigration Consultants (RCICs), licensed by the College of Immigration and Citizenship Consultants (CICC).
Check the CICC public register for consultants and the relevant law society directory for lawyers. Be careful with agents abroad who say they "work with" a Canadian consultant; the person you pay should be the licensed person, and their name should appear on your application as your representative.
Australia: registered migration agents or lawyers
In Australia, people who give immigration assistance for a fee must be registered migration agents, registered with the Office of the Migration Agents Registration Authority (OMARA), or Australian legal practitioners holding a current practising certificate. You can search the OMARA register online to confirm registration and see any sanctions. Agents based outside Australia are not covered by the same rules, so you have less protection if you use one.
United States: attorneys or accredited representatives
In the US, immigration is federal law, so an attorney licensed in any state can handle your case wherever you live. The people who can give you legal advice on immigration are:
- Licensed attorneys in good standing with a state bar. Check the state bar's lawyer lookup, and check the federal immigration courts' list of disciplined practitioners.
- Accredited representatives, who are not lawyers but are accredited by the Department of Justice and work for a non-profit organisation recognised by it. Many of these organisations charge low or no fees.
The notario problem
In many Latin American countries, a "notario publico" is a qualified lawyer. In the US, a notary public is not. A notary can witness signatures, but is not allowed to give legal advice or choose which immigration forms you should file. Some people advertise as "notarios", immigration consultants or visa services and charge for advice they are not allowed to give. Their mistakes can lead to refusals, lost fees and, in some cases, removal proceedings. If someone who is not an attorney or accredited representative offers to handle your case, walk away.
Warning signs of an immigration scam
- A guarantee of approval. No honest lawyer or adviser can promise a visa, permit or green card. The decision belongs to the government.
- Claims of special contacts inside the immigration department or embassy.
- Pressure to lie or to leave out information, or to sign a blank or incomplete form.
- No registration you can verify, or a registration number that does not match the name on the register.
- Refusing to give you copies of everything submitted in your name, or keeping your original passport and documents.
- Payment only in cash, to a personal account, or with no receipt.
- Unsolicited contact by phone, social media or messaging apps offering jobs, visas or "lottery" places for a fee.
- Charging for official forms that are free from the government website.
Government agencies in all four countries publish warnings about these tactics. If you think you have been targeted, report it to the regulator listed above and keep every message and receipt.
How immigration fees usually work
Immigration work is often charged as a flat fee per application or stage, for example one fee for preparing and submitting an application and a separate fee if there is a refusal and appeal. Some advisers charge hourly, especially for complex or contested cases. A free or low-cost first consultation is common, but it is usually short and may not include a full review of your documents.
Keep three kinds of cost apart:
- The professional's fee for their own work.
- Government fees, such as application fees, healthcare surcharges or biometrics charges, which go to the government and are set by it.
- Other costs, such as translations, medical exams, police certificates and courier fees.
Ask for all three in writing. A flat fee should state exactly what it covers: which forms, how many rounds of document review, responses to requests for more evidence, and attendance at interviews or hearings. Ask what happens to the fee if the application is refused or withdrawn. For a general explanation of hourly, fixed and retainer arrangements, see how to choose a lawyer and understand their fees.
Questions to ask at the first meeting
- Are you a lawyer, a registered adviser or consultant, or an accredited representative? Where can I check that?
- Will you personally work on my case, or will someone else? Are they also authorised?
- How many cases like mine have you handled, and what usually causes problems with them?
- What are the risks in my case, honestly?
- Is your fee fixed? What does it include, and what costs extra?
- How will you keep me updated, and how quickly do you reply to messages?
- Will you be named as my representative on the application?
A good adviser will explain the weaknesses in your case as well as the strengths, tell you what evidence you need to gather, and put the agreement in writing before you pay. If someone avoids those questions, keep looking.