Shared immigration concern

The Law Society and the Office of the Immigration Services Commissioner (OISC) are joining forces against unqualified immigration advisers who use law firms to avoid regulation.

The OISC's first annual report, released this week, revealed that the watchdog had received 417 complaints, of which 178 were about advisers regulated by designated professional bodies (DPBs), 90% being English and Welsh solicitors.

All UK lawyers are exempt from OISC regulation as they are already regulated by professional bodies.

The OISC said the complaints varied from administration to serious professional misconduct, such as alleged use of fraudulent documentation in immigration applications.

Complaints against solicitors are referred on to the Office for the Supervision of Solicitors (OSS).

The OISC recorded three specific cases involving advisers who, having failed to obtain OISC registration, became incorporated into solicitors' firms and yet claimed to operate independently.

One association has split because the advisers were convicted of immigration-related offences, while the OSS is investigating the other two.

The OISC is negotiating a memoranda of understanding with each DPB on how they regulate in this field and deal with complaints.

Law Society chief executive Janet Paraskeva said: 'It is a serious disciplinary matter for any solicitor to give cover to a non-solicitor adviser and we will investigate rigorously any claims that this is happening.

We already have a specialist team at the OSS who deal with any complaints against solicitors doing immigration work and we have been working closely with the OISC in this area.'

Andrew Towler