Misled by immigration adviser

Being misled by an education agent or an immigration adviser can involve several different legal wrongs, and the right course of action depends on exactly what happened, who the person or business was, and what you lost as a result. Below I set out how to work out what type of problem you have, who regulates these services, and the practical and legal routes for redress in England and Wales.

First, identify what actually went wrong

The label you put on the conduct matters less than the facts. It is worth pinning down precisely what you were told, by whom, and what you did in reliance on it. Common scenarios include:

A false or misleading statement that caused you to sign up, pay money or make a decision (for example being told a visa was guaranteed, or that a course or university placement was available when it was not).

A promise or service that was not delivered (for example an application that was never submitted, submitted late, or submitted incorrectly).

Charging for advice or services the person was not legally entitled to give.

An outright scam, where money was taken with no genuine intention of providing the service.

Before concluding that someone committed fraud or another deliberate wrong, consider whether there is an innocent explanation. Not every disappointing outcome is misconduct. A visa refusal, a change in Immigration Rules, or a university withdrawing an offer can happen even where the adviser acted properly. The legal question is whether the person made a false statement, gave negligent advice, failed to do what they were paid to do, or acted dishonestly, not simply whether the outcome was bad. Establishing the material facts, and keeping the evidence, is the foundation of any complaint or claim.

Immigration advisers are regulated

In England and Wales it is a criminal offence to provide immigration advice or services unless you are a qualified person, such as a solicitor or barrister, or you are regulated by the Immigration Advice Authority (IAA). The IAA was, until January 2025, called the Office of the Immigration Services Commissioner (OISC), so you may still see references to the OISC.

If your problem is with someone who gave immigration advice, you have specific options:

If the adviser is IAA-registered, you can complain to the IAA. It manages and investigates complaints about advisers and can take regulatory action, including removing an adviser’s registration. Usually you are expected to complain to the adviser’s own organisation first through its internal complaints process, and then bring the matter to the IAA if you are not satisfied. The IAA operates an online portal for complaints where you can upload supporting documents.

If the person was not registered and not otherwise qualified, they may have been giving immigration advice illegally. The IAA has the power to investigate and to prosecute people operating unlawfully. Reporting this is important both for your own case and to protect others.

If the adviser is a solicitor, the regulator is the Solicitors Regulation Authority, and complaints about service can go to the Legal Ombudsman. If a barrister, the Bar Standards Board.

You can check an adviser’s registration status before or after the event. If someone claimed to be regulated but was not, that is itself a serious matter and strengthens both a complaint and any claim for your money back.

Education agents are regulated differently

Education agents who recruit students for universities and colleges are not regulated in the same statutory way as immigration advisers. Regulation here is more indirect and comes from several directions.

Where the agent recruits for a specific university or college, that institution is responsible for the conduct of the agents it uses. Universities that sponsor international students are expected, under the Home Office sponsor guidance and sector codes of practice, to monitor and take responsibility for their agents. You can and should complain directly to the university or college concerned, and escalate through its formal complaints procedure. Institutions can terminate agent relationships and, in some cases, put right problems the agent caused.

If the agent misrepresented an English university or college, or acted for a UK-based recruiter, ordinary consumer protection law applies. Misleading statements and aggressive or misleading commercial practices are prohibited under consumer protection legislation, and a consumer misled into a transaction may have rights to unwind it and recover losses.

If the agent gave immigration advice as part of the service (for example advising on your visa application, not merely passing on public information), then the immigration regulation above is engaged, and the same offence of unlawful advice may apply.

Getting your money back and compensation

Separately from any regulatory complaint, you may have a civil claim to recover what you paid and any consequential losses. The possible legal bases include:

Breach of contract, where you paid for a service that was not provided or was provided inadequately. Where a business supplies a service to a consumer, it must be performed with reasonable care and skill, and failing this gives a right to a repeat performance, a price reduction or a refund.

Misrepresentation, where you were induced to enter the contract by a false statement of fact. This can allow you to rescind the contract and claim damages, and the remedy is more generous where the misrepresentation was made fraudulently or carelessly.

Negligence, where a duty of care to advise properly was breached and caused you loss.

Practical routes to recover money, in a sensible order:

1. Gather and preserve all evidence now. This means the written agreement or terms, receipts and proof of payment, emails, WhatsApp or other messages, marketing materials, the website or social media claims, and a dated note of what you were told verbally and by whom.

2. Consider a card or payment chargeback. If you paid by credit or debit card, your card provider may allow a chargeback, and for credit card payments over a certain amount there may be additional protection making the card provider jointly liable with the supplier. Bank transfers are harder to reverse, but if you were tricked into transferring money you should report it to your bank promptly, as banks operate reimbursement schemes for authorised push payment scams.

3. Send a clear written complaint and demand. Set out the facts, what you were promised, what actually happened, the loss you suffered, and what you want, with a reasonable deadline. Keep it factual and unemotional. This is often the quickest route to a refund and also builds your evidence if the matter escalates.

4. Use the relevant complaints and regulatory routes. For a regulated immigration adviser, this is the internal complaint then the IAA. For a university’s agent, the university’s complaints procedure. These routes do not always produce compensation but can produce corrective action and support your civil claim.

5. Consider mediation or another early resolution before litigation. It is often faster, cheaper and less stressful, and the courts expect parties to try to resolve disputes before issuing proceedings.

6. As a last resort, a claim in the County Court. Lower-value claims are dealt with in the small claims track, which is designed to be used without a lawyer and keeps the risk of paying the other side’s legal costs low. Before suing, weigh up whether the person or business can actually pay a judgment, because a judgment against someone who has disappeared or has no assets may be worth little.

If it looks like a scam or fraud

If money was taken with no genuine service, or by someone impersonating a regulated adviser, this may be a criminal matter. You can report fraud to Action Fraud, which is the national reporting centre for fraud and cybercrime in England and Wales, and to the police. Reporting an unregistered immigration adviser to the IAA is also appropriate, as they can prosecute unlawful advice. Reporting does not usually get your money back directly, but it protects others and can support a civil claim or a chargeback.

If your immigration or study position has been damaged

Where the adviser’s or agent’s failure has affected your actual immigration status or study plans, treat that as a separate and often more urgent problem than the money. For example, if an application was submitted late or wrongly, or a required deadline was missed, you may need to take corrective immigration steps quickly, and the time limits for appeals, administrative reviews or fresh applications can be short and unforgiving. Do not let the dispute about the agent distract you from protecting your status. If you are a student, the university’s international student support team can often help with the practical study and sponsorship side.

Key facts that will change the answer

The most useful details to establish are:

Whether the person was giving immigration advice or only education recruitment, or both.

Whether they were IAA-registered, a solicitor or barrister, or unregulated.

Whether the agent was acting for a named UK university or college.

What exactly was promised and in what form, and what you paid and how you paid it.

What loss you actually suffered, and whether the bad outcome was caused by the adviser or by an independent factor such as a rule change or a genuine refusal.

Any deadlines that are now running, whether for an immigration step or for a complaint or claim.

Practical next steps

Start by writing down the full chronology while it is fresh, and collect every document and message. Check whether the immigration adviser was registered with the IAA and whether the agent was working for a named institution. Deal with any urgent immigration or study deadline first. Then pursue the money through the fastest realistic route, which is usually a written complaint and, if you paid by card, a chargeback, before moving to a regulatory complaint and, only if necessary, a court claim. Keep everything in writing and keep copies throughout.