REGISTERING WITH THE OISC

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OISC becomes IAA in January 2025

From 16 January 2025, the new name for the Office of the Immigration Services Commissioner (OISC) will be the Immigration Advice Authority (IAA)

Video contents

Part 1: Understanding Regulation

Why Immigration Advice?

Lack of immigration status is a barrier to:

Why Immigration Advice?

Lack of immigration status is a barrier to:

  • Working
  • Finding accommodation
  • Studying
  • Opening bank accounts
  • Accessing healthcare
  • Driving
  • Living
  • Contributing
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What is OISC?

  • The Office of the Immigration Service Commissioner
  • Created by the Immigration and Asylum Act 1999
  • Remit: to protect migrants, by:
  • Regulating some immigration advisers
  • Overseeing other regulators (for solicitors, barristers, etc.)
  • Prosecuting unregulated immigration advice
  • Funds come from a Home Office grant, but they are independent

We can find a lot of common cause with the OISC. We should not be afraid of them!

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What does OISC regulate?

"Immigration Advice" and "Immigration Services"

Immigration advice is:

  • Advice which relates to a particular individual
  • And is on a relevant matter

Immigration services are:

  • Representation about an individual (i.e letters, phone calls, etc.)
  • On a relevant matter
  • To a court or government department
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What are relevant matters?

Relevant Matters

  • Asylum Claims
  • Immigration Applications
  • Applications for Citizenship
  • Unlawful Entry
  • Immigration Bail
  • Deportation and Removal
  • Appeals & JR's about the above

(see model documents for help!)

Not Relevant Matters

  • Asylum support*
  • Housing*
  • Benefits Eligibility*
  • Family Law*
  • Employment*

*But can sometimes be difficult to talk about without talking about a relevant matter as well

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How does OISC regulate?

  • It regulates organisations (not individuals)
  • It must also regulate advisers within organisations
  • You can't have one without the other! Usually*
  • A regulated adviser is only regulated to give advice on behalf of the organisation (but can be regulated through more than one organisation)
  • There is an exemption for CABs at Level 1 only

*Maybe for organisations employing solicitors or barristers

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What are the Levels and Categories?

Level 1

  • Immigration (immigration and nationality applications)
  • Asylum & Protection (no assessment: peripheral stuff only!)
  • EUSS (no assessment: straightforward EUSS applications)

Level 2

  • Immigration (complex/human rights-based application and work with irregular migrants)
  • Asylum & Protection (asylum claims, settlement, fresh claims, family reunion)

Level 3

  • Immigration and/or Asylum & Protection (appeals and bail)
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What is the CAB exemption?

  • All CAB's are automatically registered at Level 1
  • Their advisers do not need to register or pass assessments
  • But they must apply in the usual way to do Level 2 or higher work
  • Trust is key: the OISC trusts CABs to act responsibly

Pros: Fewer barriers to setting up or expanding at Level 1 service - just need effective training and supervision, no applications or assessments required

Cons: Experienced Level 1 advisers have no 'registration' that they can carry with them when they leave - they must do the assessments at that point

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PART 2: Getting regulated

How should organisations prepare?

  • CEO and trusts must read Code of Standards Guidance on Competence
  • Assess the local needs- what problems do local people have?
  • Identify short and long term goals for meeting needs- be realistic and look for partnerships and referral pathways!
  • Consider casework practices (file keeping, etc.) and professional indemnity
  • Identify who to train/recruit (but don't bank on being able to train/recruit OISC advisers easily!)
  • Have a plan B!
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How should advisers prepare?

  • Read the Code of Standards and Guidance on Competence
  • Start reading immigration blogs and news sites (e.g. Free Movement and EIN)
  • Attend training (Our courses are typically 5 days -other trainers do shorter courses, but these are often geared towards the private sector)
  • Make time to study (minimum 2 days-longer is likely to be needed)
  • Make contacts with other trainees/form study groups internally or externally
  • Strike while the irons hot! Most people who are going to get registered do so within the first 6 months. Around 70% of people never get registered.
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Time it Right...

Organisations and advisers need to be-working towards getting regulated at the-same time!

How do you apply to the OISC?

Organisations

  • Applications for Registration
  • Professional Indemnity Quote
  • Business Plan
  • Complaints Procedure
  • Client Care Letter (template)
  • Client Closure Letter (template)
  • Policies

(see model documents for help!)

Advisers

Submit both together!
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A model that works...

  • Find someone with casework and managerial responsibility to act as a lead in the bid for registration.
  • The lead should:
  • Attend the training with other staff/volunteers
  • Organise regular group study sessions
  • Prepare the organisations applications for registration
  • Arrange for all staff to apply together and work towards the same assessment date
  • Better outcomes: most or all trainees become registered, e.g. RSD, Entraide, Access, Barnardo's NI
  • Contrast: Caseworkers studying alone have a much harder challenge!
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