Legislation – Border Security, Asylum and Immigration Act 2025

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Schedules

Schedule 1Immigration advisers and immigration service providers

Suspension etc of registration

6 (1)

Schedule 6 (registration) is amended as follows.

(2)

Before paragraph 4B (but after the italic heading before that paragraph) insert—

“4AA

(1)

The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if—

(a)

the Commissioner has reason to suspect that the registered person is acting or has acted in a way which—

(i)

creates a risk of serious harm to persons seeking immigration advice or immigration services, or

(ii)

creates a risk of serious harm to the system of immigration control in the United Kingdom, and

(b)

accordingly, the Commissioner considers it is necessary to suspend the person’s registration.

(2)

The Commissioner—

(a)

may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration, and

(b)

must do so if the Commissioner is no longer satisfied that paragraph (a) or (b) of that sub-paragraph applies in relation to that person.

(3)

If a person’s registration has been suspended under sub-paragraph (1), the Commissioner must consider whether the suspension should be cancelled—

(a)

before the end of the period of 7 working days beginning with the working day after the day on which the Commissioner issued the notice of the suspension, and

(b)

before the end of each subsequent period of 7 working days.

(4)

A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.

(5)

For the purposes of this paragraph, conduct creates a risk of serious harm to the system of immigration control in the United Kingdom if, in particular, it involves—

(a)

abuse of a procedure operating in the United Kingdom in connection with immigration or asylum (including any appellate or other judicial procedure), or

(b)

advice to any person to do something which would amount to such an abuse.

(6)

In this paragraph “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.”

(3)

In paragraph 4B—

(a)

for sub-paragraph (1) substitute—

“(1)

The Commissioner may, by notice in writing to a registered person, suspend the person’s registration from the time specified in the notice if the person is charged with—

(a)

an offence involving dishonesty or deception,

(b)

an indictable offence, or

(c)

an offence under section 25 or 26(1)(d) or (g) of the 1971 Act.

(1A)

The Commissioner may, by notice in writing to a person whose registration has been suspended under sub-paragraph (1), cancel the suspension of the person’s registration.

(1B)

A person whose registration is suspended under sub-paragraph (1) may appeal to the First-tier Tribunal against the suspension.”,

(b)

in sub-paragraph (2), in the opening words, for “The suspension” substitute “Otherwise, the suspension under sub-paragraph (1)”, and

(c)

omit sub-paragraphs (5) to (7).

(4)

After paragraph 4B insert—

“4C

(1)

A person whose registration is suspended under paragraph 4AA or 4B is not to be treated as a registered person for the purposes of section 84 (but is to be treated as a registered person for the purposes of the other provisions of this Part).

(2)

Where a person’s registration is suspended under paragraph 4AA or 4B the Commissioner must as soon as reasonably practicable record the suspension in the register.

(3)

Where a suspension under paragraph 4AA or 4B ceases to have effect (and the person’s registration is not cancelled) the Commissioner must as soon as reasonably practicable remove the record of suspension from the register.”