OISC LEVEL 1
Initial advice – FREE Training for Level 1 when you book Level 2&3
Please Note: Information below has been adapted from the “Office of Immigration Services Commissioner” OISC official website www.oisc.gov.uk
To be accredited at Level 1 you should normally have at least 3 months full time or the equivalent part-time experience of providing UK immigration advice and services or 6 months full time or the equivalent part-time experience of non-immigration advice giving (such as Welfare, Debt, Housing, Legal or Employment) along with an up-to-date training course in immigration law which covers each area of work you are applying for.
The OISC only permits an OISC Level 1 Adviser to make applications permitted within the Immigration Rules which are listed below.
Asylum
The OISC only allows a Level 1 adviser to offer very limited services. No substantive asylum work is permitted at Level 1 (particularly applications and appeals). You may only be allowed a one-off assistance at Level 1, this may include:
- Notifying the United Kingdom Borders Agency (UKBA) of a change of address
- Extension of Temporary Admission
- Applications for permission to work
- Travel document applications for someone granted Humanitarian Protection/Exceptional Leave to Remain Applications for entry clearance, Leave to Enter or Further Leave to Remain
Basic applications are permitted at OISC Level 1 that are within the Immigration Rules in the following categories:
- Visitors
- Students
- Spouses/unmarried partners
- Other family members/dependents
- Immigration employment documents
- All applications under PBS, visitors, diplomats, their family members and domestic staff, and non-asylum Case Resolution/ Legacy Cases
- Applications such as au pair, postgraduate medical/dental training and private medical treatment Nationality and citizenship under UK law
Basic applications are allowed at OISC Level 1 and may include applications for:
- Naturalisation as a British citizen
- Students
- Registration as a British citizen European Union (EU) and European Economic Area (EEA) immigration law
Basic applications are allowed at OISC Level 1 and include applications for:
- Residence permit for an EU/EEA national
- Family permit for a non-EU/EEA family member
- Entry clearance for non-EU/EEA family member
- Workers Registration Scheme
- A2 Accession Scheme
Work Not Permitted At This Level
Although you are allowed to give basic advice as a level 1 advisor please note you do not have the right to give advice on applications involving detailed representations and follow-up correspondence such as:
Applications for Indefinite Leave to Remain on the grounds of long residence in the United Kingdom (UK) (14 years’ continuous residence)
- Applications for settlement on the grounds of domestic violence
- Applications for further leave to remain/settlement in respect of adopted children
- Applications that are not within the Immigration Rules are not permitted at OISC Level 1. These may be assistance to Applicants
- Staying illegally in the UK, Applicants who have overstayed on their visas, or removal and deportation from the UK
- Detention, applications for temporary admission, CIO bail and immigration judge bail.
- Such clients must be referred on to a higher level adviser as soon as possible.
Competence Requirements:
Advisers at OISC Level 1 need to demonstrate the following:
Knowledge
*An OISC Level 1 Adviser must demonstrate sufficient knowledge of immigration and asylum law to identify:
- That a client is subject to immigration control
- Possible immigration categories that might apply
- Relevant forms and procedures that apply
- The requirements of the Immigration Rules that must be satisfied in respect of a particular application
- Relevant time limits
- Urgent situations
- An OISC Level 1 adviser must have knowledge of the types of evidence needed to support cases and how to obtain them.
- An OISC Level 1 adviser must have an awareness of the European Convention on Human Rights (ECHR), particularly Articles 3 and 8, and the Human Rights Act 1998 (HRA) in order to identify cases that should be referred on.
*An OISC Level 1 Adviser must have a clear understanding of the limits to the OISC Level 1 adviser’s knowledge and competence and of when to refer a case on. This includes a general knowledge of immigration and asylum work and procedures, particularly in relation to illegal immigrants and people who have over stayed, to ensure that a client can be referred appropriately.
Knowledge
*An OISC Level 1 Adviser must demonstrate sufficient knowledge of immigration and asylum law to identify:
- That a client is subject to immigration control
- Possible immigration categories that might apply
- Relevant forms and procedures that apply
- The requirements of the Immigration Rules that must be satisfied in respect of a particular application
- Relevant time limits
- Urgent situations
- An OISC Level 1 adviser must have knowledge of the types of evidence needed to support cases and how to obtain them.
- An OISC Level 1 adviser must have an awareness of the European Convention on Human Rights (ECHR), particularly Articles 3 and 8, and the Human Rights Act 1998 (HRA) in order to identify cases that should be referred on.
*An OISC Level 1 Adviser must have a clear understanding of the limits to the OISC Level 1 adviser’s knowledge and competence and of when to refer a case on. This includes a general knowledge of immigration and asylum work and procedures, particularly in relation to illegal immigrants and people who have over stayed, to ensure that a client can be referred appropriately.
