OISC LEVEL 1

Initial advice – FREE Training for Level 1 when you book Level 2&3

FREE STUDY MATERIAL

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 RemainApplications 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/dependants
  • 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 treatmentNationality and citizenship under UK law

Basic applications are allowed at OISC Level 1 and may include applications for;

  • Naturalisation as a British citizen
  • Registration as a British citizenEuropean 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:

  1. 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 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.
    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.
  2. Skills and Aptitudes
    -An OISC Level 1 Adviser must have the ability to draft letters and complete application forms clearly and accurately in English, using the correct terminology and enclosing the appropriate evidence or a clear explanation why it has not been provided.
    -An OISC Level 1 Adviser must have sufficient verbal communication and interpersonal skills to:
    *Communicate advice clearly to a client, giving reasons and explaining any other options
    *Identify to whom an enquiry relates to, establish their wishes and intentions and the relevant facts of the case.
    *Inform the client of what steps they and the adviser need to take, including urgent action
    *Communicate effectively in English with the UKBA and other agencies
    *Along with the above skills a Level 1 Immigration advisor must;
    *Have an awareness of and a commitment to follow established good practice.
    *Have the ability to identify appropriate resources (e.g. textbooks, internet) and use them effectively.
    *Have the ability to act with an appropriate sense of urgency.
    *Have the ability to maintain clear, comprehensive, accurate and structured records.