Appendix 1: the Regulators

Throughout the UK

• The Immigration Advice Authority (IAA) regulates non-traditional lawyers who give immigration advice. It also has responsibility for investigating and prosecuting people who give unregulated immigration advice.

In England and Wales

• The Law Society of England and Wales regulates solicitors. However its regulatory duties are fulfilled by the Solicitor's Regulation Authority (SRA). Solicitors make up the majority of immigration advisers in England and Wales, particularly those working under legal aid.
• The General Council of the Bar regulates barristers. However its regulatory duties are fulfilled by the Bar Standards Board (BSB). Barristers tend to specialise in court work. It is uncommon for clients to instruct barristers directly. More commonly barristers are instructed by solicitors.
• The Chartered Institute of Legal Executives (CILEx) regulates legal executives (predictably) - another form of legal professional. There are very few legal executives working in immigration, so you are unlikely to come across this much!

In Scotland

• The Law Society of Scotland regulates solicitors working in Scotland.

The Faculty of Advocates regulated advocates in Scotland - essentially the Scottish equivalent of barristers in England and Wales.

In Northern Ireland

• The Law Society of Northern Ireland regulates solicitors working in Northern Ireland.
• The General Council of the Bar of Northern Ireland regulates barristers working in Northern Ireland.

To do this you need the advisers name and the name of the firm they work for. If your client does not know these, that may ring alarm bells! If so, check whether your client has a business card or any correspondence from them. Failing that, you can always check for a phone number and ring them to find out.

To check whether they are in fact registered:

• The IAA maintains an online register of the advisers it regulates - they should be listed under the name of the organisation they work for
• You can search for solicitors on the Law Society website - if they are on there, then they should be regulated
• You can even search the Solicitor's Regulation Authority (SRA) website to check their record (i.e. details of any regulatory action that has been taken) - If there is no record and they are definitely regulated, it's a good thing!
• The Bar Standards Board (BSB) has a register of barristers - but it will be fairly uncommon that clients are directly represented by a barrister
• The other regulators should all maintain an online register of the people they regulate. Follow the links above to find it!