Frontline Immigration Advice Project
REGISTERING WITH THE OISC
Download the presentation featured in this video.
Changes to the IAA assessment process. View the changes (link opens gov.uk)
Sections
Part 1: Understanding Regulation
Why Immigration Advice?
What is OISC?
What does OISC regulate?
What are relevant matters?
How does OISC regulate?
What are the Levels and Categories?
What is the CAB exemption?
Part 2: Getting regulated
How should organisations prepare?
How should advisers prepare?
How do you apply to the OISC?
A model that works...
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
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!
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
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
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
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)
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
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!
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.
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
- New Adviser Application and Competence Statement
- Proof of Right to Work in the UK (and 18 months' permission to stay left, if relevant & possible)
- Recent DBS check
- Training certificates, etc.
Submit both together!
Watch this segmentA 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!