Cancelled, suspended, voluntarily surrendered and expired licences

Section 32 of the Immigration Advisers Licensing Act 2007 (the Act) requires the Registrar to record the cancellation, suspension, or voluntary surrender of a licence on the register of licensed immigration advisers.

Cancelled licences

Section 27(1) of the Act provides that the Registrar must cancel a licence if:

• the licensee is prohibited from holding a licence on the basis of being a lawyer or a category 2 exemptee
• the licensee is prohibited by section 15 of the Act from holding a licence
• the licence was granted on the basis of any false or fraudulent representation or declaration;
• the licensee has provided a payment for the application fee or for the levy that has been dishonoured;  
• the licensee is no longer fit to be licensed as an immigration adviser; or
• the licensee has died. 

Section 27(1) of the Act provides that advisers can also have their licences cancelled by the Immigration Advisers Complaints and Disciplinary Tribunal (the Tribunal).

Suspended licences

Section 29(1) of the Act provides that a licence is suspended if the Tribunal has determined:

• to impose this as a sanction on an adviser who has had a complaint upheld by the Tribunal; or
• that suspension is necessary or desirable where a complaint has been made against a licensed immigration adviser, and it has been referred to the Tribunal, or is being prepared for submission to the Tribunal. 

Section 29(2) of the Act provides that a person whose licence has been suspended may not apply for a further licence during the period of the suspension.

Voluntary surrender of a licence

Section 31(1) of the Act provides that an adviser may, at any time, voluntarily, surrender their licence to the Registrar by giving notice of this in writing.

You can surrender your licence using the “Maintain Immigration Adviser Licence” function of the IAA online portal.

Maintain immigration adviser licence(external link)

Section 31(2) of the Act provides that a surrender takes effect on the date given in the notice, or if no date is given, on the day the notice is received by the Registrar.

Section 31(3) of the Act provides that when a licence is voluntarily surrendered, the Registrar may refund all or part of the levy paid by an adviser in respect of the licence.

Expiry of licence

Licences must be renewed annually. If no application to renew the licence is made on or before the licence expiry date, the licence is considered expired.  

Section 33 of the Act provides that the Registrar must record the expiry of a licence on the register.

Register of licensed immigration advisers(external link)