OISC Level 1 - Initial advice
Work permitted at Level 1
At this level, applications permitted within the Immigration Rules are listed below. Where cases become complicated or an application is refused, an adviser must refer a client to a higher level adviser as soon as possible. A case may become complicated, for example, where the Home Office questions the validity of evidence or calls a client in for an interview. Level 1 advisers can work on Leave to Remain applications only where the client has outstanding leave. An adviser at Level 1 must establish whether a client already has a more qualified legal representative. Where this is so, the Level 1 adviser must check with that adviser before carrying out any work and copy relevant information to that adviser. The type of work that might be carried out in these circumstances will always be administrative, e.g. notifying the Home Office of a client's change of address.
Asylum
Only very limited services are allowed at this level. No substantive asylum work is permitted (especially applications and appeals). Only one-off assistance is permitted, including:
- 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 Remain
Applications for entry clearance, Leave to Enter or Leave to Remain
Work permitted
Basic applications that are within the Immigration Rules in the following categories:
- visitors
- students
- spouses/unmarried partners
- other family members
- immigration employment documents
- all applications under PBS, visitors, diplomats, their family members and domestic staff, and non-asylum Case Resolution/ Legacy Cases
- other applications such as au pair, postgraduate medical/dental training and private medical treatment
Work not permitted
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)K (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
Illegal entrants, overstayers, removal or deportation from the UK
No work is permitted at Level 1.
Nationality and citizenship under UK law
Basic applications for:
- naturalisation as a British citizen
- registration as a British citizen
European Union (EU) and European Economic Area (EEA) immigration law
Basic applications for the following:
- 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
Detention, applications for temporary admission, CIO bail and immigration judge bail
No work is permitted at Level 1. A client must be referred on to a higher level adviser as soon as possible.
Competence requirements
Advisers at this level need to demonstrate the following:
Knowledge
1. 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
2. Clear understanding of the limits to the 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 entrants and overstayers, to ensure that a client can be referred appropriately.
3. Knowledge of the types of evidence needed to support cases and how to obtain them.
4. 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.
Skills and aptitudes
1. 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.
2. Sufficient verbal communication and interpersonal skills to:
- identify to whom an enquiry relates to, establish their wishes and intentions and the relevant facts of the case
- communicate advice clearly to a client, giving reasons and explaining any other options
- 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
3. The ability to identify appropriate resources (e.g. textbooks, internet) and use them effectively.
4. Awareness of and a commitment to follow established good practice.
5. The ability to act with an appropriate sense of urgency.
6. The ability to maintain clear, comprehensive, accurate and structured records.
