Westminster Policy News & Legislative Analysis

IAA probe leads to Birmingham sentences in EU Treaty Rights scam

Two men have been sentenced at Birmingham Crown Court following an Immigration Advice Authority investigation into unregulated immigration advice. On 6 January 2026, Syed Ali Shah Gilani, 51, received a 14‑month sentence suspended for two years and was ordered to pay £11,000 compensation and a victim surcharge. Risalat Hussain, 38, was fined £250. Both pleaded guilty on 16 June 2025.

According to the court, Gilani operated across multiple offices and charged about £5,000 per client while advising people how to exploit EU Treaty Rights. Clients were told to travel to Ireland to obtain documentation and open bank accounts to create the false impression of relocation; no genuine applications were lodged and many were unable to reach him after paying. Hussain acted as a go‑between for communications.

Gilani admitted three counts of providing unqualified immigration advice and services contrary to section 84 of the Immigration and Asylum Act 1999. Hussain admitted fraud by false representation under sections 1 and 2 of the Fraud Act 2006. Section 84 prohibits the provision of immigration advice by unqualified persons, while section 2 defines fraud by false representation.

The court also heard Gilani had previously been authorised by the Immigration Advice Authority to advise at the highest level between 13 April 2011 and 31 January 2014. Immigration Services Commissioner Gaon Hart said the case underlines the regulator’s readiness to disrupt and prosecute unregulated practice; Hart assumed the role on 12 December 2025.

The IAA replaced the Office of the Immigration Services Commissioner in January 2025, giving the regulator a clearer public identity while retaining the statutory scheme for oversight of immigration advice. The government set out the change and role on 16 January 2025.

Royal Assent for the Border Security, Asylum and Immigration Act was confirmed on 5 December 2025. Once commenced, the Act will introduce a civil sanctions regime: fines of up to £15,000 for compliance failures by regulated organisations and for unregulated individuals providing advice; powers to order fee refunds and compensation up to £250,000; and immediate suspension or cancellation of registration, alongside powers to compel cooperation.

The Home Office states these measures are designed to deter illegal advice and deliver redress for victims alongside existing criminal offences under the 1999 Act. The Royal Assent notice confirms the new powers are not yet in force and will be implemented following further planning; the IAA has issued a factsheet for advisers and organisations.

For regulated organisations, the near‑term compliance position is unchanged: hold the correct authorisation level for the work undertaken, ensure supervision and record‑keeping meet audit standards, and keep professional indemnity insurance current. The IAA’s regulations set out annual re‑registration and audit expectations for compliance teams.

For individuals seeking support, the IAA provides two tools. The Adviser Register allows checks on whether an individual or organisation is regulated and shows the name, IAA reference number and authorisation level, while the Adviser Finder helps locate nearby regulated services. Those using solicitors or barristers should verify regulation with the relevant professional body where an adviser is not listed on the IAA register.

Concerns about poor or illegal advice can be reported via the IAA’s online portal; the regulator can investigate complaints and pursue prosecutions. Ministers have indicated these criminal cases will sit alongside forthcoming powers to levy fines and order compensation once commencement regulations are made.