Registration with the OISC
Michael Carmody
Caseworker
Why the need for regulation?
Before 2001 there was no regulation and anyone could
‘set up shop’ and give immigration advice.
The OISC was created to;
 Protect those that may require immigration or asylum
advice; and, in so doing
 Help to protect the UK’s immigration system from abuse.
 Part V – Immigration and Asylum Act 1999
 Created the Immigration Services Commissioner
 Introduced regulation of the immigration advice sector
The OISC Role
 Regulating – directly or indirectly – those providing
immigration advice and services
 Investigating complaints against anyone that gives
immigration advice or services
 Restricting and controlling illegal activity
 Supporting and promoting good practice within the
immigration advice sector
 Ensuring advisers are fit and competent
The Code of Standards and the
Commissioner’s Rules
 The Codes of Standards applies to all regulated
organisations
 For Profit (fee charging)= Registered
 Not for Profit (non fee charging) = Exempted
 The Commissioners Rules applies to registered
organisations
 Complaints investigations
 The Codes and Rules Assessment
OISC Regulation
Advisers are regulated at 3 levels
 Level 1 – applications within the Immigration Rules
 Level 2 -
more complex casework
 Level 3 – advocacy and representation before the
Asylum and Immigration Tribunal
 5 categories
All current regulated Local Authority NCS are at Level
1 nationality and citizenship category only
Local Authority Nationality Checking Service
Applications to the OISC
Why do Local Authority NCS have to be registered?

1999 Immigration and Asylum Act
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Relevant matter
Applications for Registration – Fee Charging
Application requires
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Policies and Procedures for the organisation
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Training plans
Organisational structure
Referral and/or signposting procedure…
Information about individual advisers
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Competence statement
Proof of ID/ right to work
Code and Rules assessment…
What happens next
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Allocation
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Further Info Requests
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Level 1 Online Competence Assessment
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Competence Statement analysis
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Decision
Local Authority NCS Exceptions
Understanding
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Specific area of work
Discussions with NCS
Recognition of external audits
NCS Training
OISC Guidance Notes for Local Authorities
Exceptions
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Level 1 competence assessment
Business plan
Professional Indemnity Insurance
Accounts
Equal Opportunities and anti discrimination
Client Care Letter
Post Registration Approval
Once approved the organisation is granted
registration for 1 year
An application for continued registration must be
submitted every year
We monitor the continued fitness and competence of
our registered organisations through:
 Investigating complaints made against approved
organisations
 CPD requirements for each adviser
 Auditing premises
Complaints
 Complaints can be made directly to us by:
 a client;
 anyone acting on their behalf.
 Complaints can be made anonymously
 A complaint is investigated where appropriate
 Complaints are determined using the civil standard of proof the balance of probabilities
The Commissioners’ Complaints Sanctions are:
 laying on file;
 withdraw exemption immediately;
 A disciplinary charge.
Continuous Professional Development (CPD)
Continuing Professional Development is now a
requirement for all approved OISC advisers
 Level 1 advisers - 8 hours (6 core knowledge and 2
non-core)
 Level 2 advisers – 12 hours (9 core knowledge and
3 non-core)
 Level 3 advisers - 16 hours (12 core knowledge
and 4 non-core)
Advisers maintain an on-line portfolio of training
undertaken.
Continuous Professional Development (CPD)
 Commenced April 2008
 Open University
 Core Knowledge
 Non Core Knowledge
 Individual on line portfolio
 Completion
Working with you
It is important to the Commissioner to increase the
provision of good quality advice and services
available.
We will give your organisation a designated
caseworker.
Your caseworker will provide advice about how to
stay compliant, complete your CPD, prepare for
audits, continued registration etc.
You can assist us by encouraging clients to make
complaints to us or making complaints on their
behalf.
Contact details
5th Floor, Counting House
53 Tooley Street, London SE1 2QN
Telephone: 0845 000 0045, 020 7211 1500
Fax: 020 7211 1553
Email: [email protected]
www.oisc.gov.uk