Summary of OISC levels
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Area of Work
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OISC Level
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Work Permitted
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Work NOT Permitted
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Immigration
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1
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Basic applications which are within the Immigration rules, including immigration employment documents and under the Points Based System.
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Enforcement (Bail/ Detention/ removal/ banning orders).
Lodging notices of appeal and substantive appeals work including making representations to or appearing before courts or tribunals.
Illegal entrants, overstayers, removal or deportation from the UK.
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Immigration
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2
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Discretionary and complex applications. Out-of-time applications, concessionary policies, lodging Notices of Appeals and Statements of Additional Grounds.
Representations to the UKBA, applications for temporary admission, applications for CIO bail.
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Substantive appeal work including making representations to or appealing before courts or tribunals.
Applications for Immigration Judge Bail.
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Immigration
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3
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Discretionary and complex applications. Out-of-time applications, concessionary policies, lodging Notices of Appeals and Statements of Additional Grounds.
Representations to the UKBA on illegal entry, overstayer, removal and deportation cases. Representations to the UKBA, applications for temporary admission, applications for CIO bail, applications for bail before an immigration judge.
Substantive appeals work including representation at First-tier and Upper Tribunal (Immigration and Asylum Chamber) hearings, specialist case work.
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The term 'Immigration' covers applications for entry clearance (visas), further leave and indefinite leave to remain in the UK, British Citizenship, EU/EEA applications, variations of leave to remain, all aspects of the points based system for employers, employees and students. Complex applications such as access to a child, sole carer of a child, victims of domestic violence, bereaved partners etc. Appeals to the First Tier Immigration Tribunal and to the Upper Tier Immigration Tribunal against the decision of a Judge at the First Tier Tribunal on a point of law. OISC registered advisers at levels 1 and 2 are not permitted to do everything that we as level 3 are authorised to do.
The Office of the Immigration Serviced Commissioner (OISC) is the statutory authority that regulates immigration advisers in the UK. It also deals with complaints against solicitors or barristers who have provided poor advice or failed to do the work as agreed with the client.
The OISC audits advisers to ensure that they comply with the Code of Practice including confidentiality of clients personal information.
All OISC advisers must complete the required continuous professional development examinations every year to qualify for continued registration.
It is a criminal offence, which can carry a prison sentence, to offer immigration advice or services without being registered with the OISC unless you are a practising solicitor, barrister or legal executive. It is also a criminal offence for an adviser to offer a service or advice at a level higher than that of his registration.
In order to qualify at OISC level 2 you must have qualified in all areas of level 1. To move from level 2 to level 3 you must meet a similar requirement as well as having passed the level 3 examination. Not all level 1 advisers are qualified in all aspects of level 1. Many are qualified at entry clearance only for example and cannot undertake Citizenship applications. All advisers are free to choose which areas of immigration work they wish to operate in. For example we do not undertake Asylum work.
Level 1 examinations are two separate tests and 100% must be scored in the first test before you can attempt the second test. The level 2 exam is a 90 minute scenario based exam taken at the OISC offices. The level 3 exam is a 2 hour one which is scenario based and extremely complex with many 'red herrings' also taken at the OISC offices.
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