How to become a level 1 OISC adviser in immigration law

We often get questions about how to become an OISC adviser so we have compiled all the essential information in one place for you.

The first thing to say is that if you are looking to provide immigration advice but are not legally qualified, you will need to get registered with the Office of the Immigration Services Commissioner, or ‘OISC’.

There are three levels of registration as an OISC adviser — Levels 1, 2 and 3 — corresponding to the level of complexity in the immigration advice and services you can provide. In this article we focus in particular on becoming an OISC adviser at Level 1. We cover what you need to do before applying to become an OISC adviser, the registration process itself and what happens after you are registered. We have also provided some advice and tips on how to prepare for the OISC Level 1 assessment.

See this article for information on how to become an OISC adviser at Level 2.

Before you can register as an OISC adviser

Why do I need to be regulated to give immigration advice?

Providing immigration advice or services without being regulated is a criminal offence under the Immigration and Asylum Act 1999. The consequences for doing so are serious and could lead to a fine and/or imprisonment. You can read the relevant bits of law for yourself here. Last year the OISC say they executed 12 search warrants, initiated two prosecutions and saw a significant sentence handed down in one long-running case.

So, to lawfully provide immigration advice and services in the UK, you must be regulated by one of the professional bodies covered by the 1999 Act. Solicitors, barristers and chartered legal executives, for example, are members of the Law Society, the General Council of the Bar and the Institute of Legal Executives, respectively. These three bodies are covered by the 1999 Act.

The OISC supervises immigration advice and services provided by immigration advisers not regulated by one of the other professional bodies. OISC advisers may work for private companies, charities, community organisations or as sole practitioners.

The OISC

The OISC was established under the Immigration and Asylum Act 1999 to try and prevent migrants and their families receiving poor quality or dishonest immigration advice. The OISC has around 60 staff and a budget of around £5.3 million. The organisation assesses and registers people who want to become immigration advisers, supervises and audits organisations to ensure standards are being met and investigates complaints.

The OISC can take enforcement action against those who do not comply with the regulatory regime for immigration advice. It can investigate and prosecute those who provide poor advice or are providing advice and services when they are not registered. In the 2022-23 period, for example, the OISC carried out investigations into 70 complaints of illegal activity.

Experience and training

The OISC is not a training organisation. When you apply to register as an OISC adviser, you are declaring that you are ready to practice as an immigration adviser. You will need to satisfy the OISC that you have had sufficient experience and training to give real advice to real people in the real world. If you are registering an organisation, you will also need to satisfy the OISC that your organisation will function in accordance with the standards concerning professional practice, conduct and discipline.

So, you will need to get trained up. We can help you with that. We have courses available for OISC level 1 and OISC level 2.

How do I get experience providing advice when I am not qualified to provide advice?

An aspiring OISC adviser must have three months’ of full-time work experience (or the equivalent part-time) in providing immigration advice. In the majority of cases, the experience will be gained as a ‘trainee immigration adviser’ working for a regulated organisation or charity and supervised by another OISC regulated adviser or another qualified professional, such as a practising solicitor. You can review the OISC’s practice note on supervision here.

If you have no direct experience in providing immigration advice, that may not prevent you from applying. The OISC recognises that experience providing advice in related fields such as welfare, debt, housing, legal or employment may also be sufficient for Level 1. In such cases, six months’ full-time experience (or the equivalent part-time) is necessary.

Relevant experience can also include volunteer roles, such as working at Citizens Advice or interning with charities and non-governmental organisations. There is no requirement for you to have been paid. However, informal help to friends or family with immigration problems does not count and, as above, you may in fact be committing a criminal offence by doing this.

Regardless of how you have gained your experience, you will need to provide details of this in the “Employment History” section of the application form, along with a list of referees. The OISC will assess whether your experience is sufficient on a case-by-case basis.

What training do I need to do?

On top of demonstrating that you have sufficient experience providing immigration advice, to become an OISC adviser you will also need to take a training course in UK immigration law and practice. This must cover each area of immigration law you intend to practice in.

The training must have been completed in the last 12 months to demonstrate you are up to date with the current law. There is no specific number of hours of training that must be completed to meet this requirement. There is also no specific provider that the training should be undertaken with, so long as it is provided by a professional training organisation.

Free Movement is recognised as a professional training organisation by the OISC and we offer a choice of comprehensive courses for new immigration lawyers covering everything you need to know to prepare you to qualify as an OISC adviser. You can either opt for our small group live course with a tutor and detailed worked examples and discussion problems, which lasts for four weeks. Or you can opt for our self-study course, which is cheaper and you can do in your own time at your own pace.

Finally, there is no requirement (at Level 1 at least) to have any specific qualifications. You do not have to have a law degree, or any degree for that matter.

Knowledge and assessment preparation

Before you send off your application to register as an OISC adviser, you must have prepared for the assessment. This is because once the OISC authorisation team are satisfied they have all of the documents they need from you, you will be scheduled to take the assessment on the next available date.

Check to see the upcoming assessment dates online. It would be advisable to hold off submitting your application if, for example, you have a holiday booked which would conflict with the next scheduled assessment date. The OISC will only accept requests to postpone your allocated assessment sitting in exceptional circumstances.

Assessment format

During the assessment you will be invigilated by a webcam and a special computer programme. Although the assessment is open book, you are not permitted to use the internet. You will have access to the official resource book and may use any printed or handwritten notes or textbooks within your reach. Remember, you will have limited time to complete the assessment. Printing out hundreds of pages of UKVI guidance documents, for example, could actually be a hindrance as you’ll likely waste valuable time searching for the specific information you need.

The assessment is divided in two sections and you will have two and a half hours to complete both. Section 1 consists of 20 multiple-choice questions, with each question worth 1 mark. Section 2 involves scenario-based questions, typically requiring you to draft a letter of advice. You will be assessed on the accuracy of your advice (by applying relevant laws to the given facts) and the quality of your written English (including spelling and grammar). Be sure to review the marking scheme before taking the assessment.

You will get your results after the assessment by email. The pass mark for Level 1 is 60%, and you must achieve at least 60% in both Section 1 and Section 2 to pass. You are allowed only one attempt per application, so if you fail, you will need to restart the application process. Unfortunately, no refunds or feedback will be provided.

How to prepare for the assessment

Start by reviewing the OISC Level 1 immigration syllabus. Ensure you understand the knowledge areas that will be tested, along with the depth of understanding required for each – whether you only need an “awareness” of a topic, or a “detailed knowledge”, or something in between. Free Movement members can work from our online course materials which cover the Level 1 syllabus.

Avoid the temptation of focusing your revision on your favourite area of immigration law, or the area you have the most experience in. Chasing obscure marks in your favourite area in the assessment will be harder and more likely to backfire. Instead, aim for a well-rounded understanding of all areas and you will probably secure more marks across the assessment.

It is important to understand the scope of advice an OISC adviser at Level 1 is permitted to give. For instance, the assistance you can offer asylum seekers is very limited. Make sure you read the Guidance on Competence. Level 1 advisers can make applications that “rely on the straightforward presentation of facts to meet a set of qualifying criteria”. Level 1 advisers cannot provide advice where a case is complex, relies on human rights arguments, or is refused, for example. These cases must be referred or signposted to a higher level adviser.

The OISC Code of Standards sets the professional standards that all OISC advisers must adhere to. The ‘OISC Code of Standards 2024’ took effect on 1 September 2024, replacing the 2016 Code of Standards. Work completed prior to 1 September 2024 will be subject to the 2016 Code of Standards. The new Code takes a less prescriptive, more principle-based approach, similar to changes made for solicitors in 2019.

It is crucial that you familiarise yourself with the Code of Standards and ensure you are complying with them when drafting your answers in the second section of the assessment. The Code of Standards is not very long, so there is no excuse for not reading the document in full.

To prepare for any assessment, it is important to practice by doing past papers. The OISC has a modest collection of past papers online, but keep in mind that the answers in older papers were based on immigration law at the time and may now be outdated.

Free Movement members can practice the multiple choice question section of the assessment by taking one of our three online tests.

Always try to do the past papers under timed conditions. For Section 2, it is best to have a colleague, friend or family member mark your answers rather than doing it yourself. Having someone else mark your paper objectively helps, as you may be tempted to give yourself marks for things you intended to say but did not clearly write down. Remember, if it is not written down, you will not get credit for it.

Avoid the temptation of Googling answers when doing past papers. As mentioned earlier, you will not have internet access during the actual assessment. Instead, practice using only the resource book and your own notes. It might be helpful to print the resource book and label it with sticky notes so you can navigate it quickly when under time pressure.

And finally, when practicing your Section 2 answers, turn off your spell-checker. After completing the practice paper, turn it back on to check your spelling and grammar. Since spelling and grammar are assessed, this will give you a clear indication of whether you need to improve in these areas. Poor spelling or grammar could cause you to fail the assessment, as reflected in the marking scheme.

Assessment top tips

Manage your time well.

Allocate one hour and 15 minutes to complete each section. Make sure you reserve enough time at the end of completing each section to check over your answers. There are usually two additional marks available in Section 2 for the structure and readability of your letter, so use the remaining time at the end to refine your answers and gain those extra marks.

Read the question. Then read it again.

Take the time to read each question thoroughly – then read it again. Avoid rushing to answer based on your initial understanding. Misinterpreting the question will lead you to writing irrelevant answers that will not earn you marks. Before you start writing, plan your answer and think about how to structure it. Remember, questions may cover multiple areas of immigration law as the assessment is designed to evaluate your skills as a well-rounded practitioner, not just your academic knowledge.

Apply the law to the facts.

Marks are not awarded for merely reciting the law, so do not waste time copying out long sections of the Immigration Rules. The facts provided in scenario questions are there for a reason – use them to advise your client on how they can meet specific requirements and what evidence they should provide to support their application. Refer to the model answers at the end of the OISC sample papers as they provide helpful examples on how to do this well.

Getting registered as an OISC adviser

Once you have acquired the necessary experience, training and knowledge to qualify as an OISC adviser, it is time to submit your application. There are two different forms for new applications on the OISC website:

• Application for Registration with the OISC and
• New Adviser Application and Competence Statement

If you will be working with an organisation that is already registered with the OISC, you only need to complete the New Adviser Application and Competence Statement.

If you plan to establish your own organisation, you must complete the Application for Registration with the OISC and a Competence Statement.

An organisation or adviser will only be registered with OISC if they are considered “fit” to provide immigration advice and services. The OISC must be satisfied that you are likely to comply with the regulatory scheme (i.e. the Code of Standards), and have a history of honesty, legal compliance and financial probity. There is guidance on fitness for advisers and guidance on fitness for owners which explains how fitness will be assessed.

An “organisation” does not only include private firms and non-profits; it includes self-employed sole traders, also known as “sole practitioners”. So, even if you plan to provide immigration advice and services as a sole practitioner, you must operate under the umbrella of a registered organisation and therefore complete both applications.

Applications are completed electronically and submitted to a secure folder on the OISC website. Applications for registration of a new organisation tend to be decided in 4-6 months.

Application for registration

The application form and accompanying guidance notes to register as an OISC adviser can be accessed here. It is important to read the guidance before you prepare the application.

You will need to provide information including the legal status of the organisation (sole trader, private limited company, charity, etc.) and whether the organisation will be fee charging or non-fee charging. There is no registration fee for non-fee charging organisations.

The form also requires the details of the organisation’s owner and anyone who will be working as an adviser.

If you are a sole practitioner without a dedicated office, you can use your residential address as the “main address”. But consider how you will conduct client meetings — will they come to your home or will you rent an office on an ad hoc basis? This information should be outlined in your business plan (see below).

Along with the application form, you will need to include a number of business documents. For a successful application, the OISC must be satisfied that your business documents comply with the Code of Standards. The documents include:

Competence statement

This is your opportunity to explain how your knowledge, skills, training and experience mean you are ready for practice as an OISC adviser and that you are competent to provide immigration advice and services.

Client care letter

All prospective clients must be given a detailed client care letter when they instruct you. The letter should set out the client’s instructions, fees, additional costs, whether VAT is applicable, when you expect them to pay you, a reference to your complaints procedure, etc. The client must sign the letter or confirm their agreement via email before you proceed with any work.

The OISC has model documents online, including a model client care letter and the other documents listed below. While these models are useful as a guide, you should not copy them. Instead, tailor each document to reflect how you will run your organisation.

Complaints procedure

The OISC requires a clear complaints procedure that outlines how you will handle and investigate complaints. Your procedure should detail the steps for investigating a complaint and the actions you will take if the complaint is upheld. The OISC will evaluate whether your investigation process is satisfactory. Clients must also be made aware that they have a right to complain directly to the Commissioner.

Client closure letter

When a case has been completed the client should be sent a client closure letter. The letter should confirm the case’s completion, the outcome and what the implications of this outcome are, e.g. the client has further leave to remain, the right to work, etc. It should also outline how any documents will be returned and confirm if any fees are owed (or alternatively, confirm that no fees are outstanding.)

Business plan

You will need a business plan to demonstrate to the OISC how the business is going to run. It should detail any management and governance structures and the processes and policies in place. The OISC will assess the plan to ensure the business is financially viable and sustainable.

For example, non-fee charging organisations should explain where the organisation will get its funding from. Fee charging organisations might explain how they are going to increase the number of fee earners or raise their levels from Level 1 to Levels 2/3 over a period of time. Be as detailed as possible. Information on how to construct your business plan is set out in the guidance.

Professional Indemnity Insurance

Registration with the OISC requires adequate Professional Indemnity Insurance (PII) to cover potential compensation claims for negligence, errors or incorrect advice leading to financial loss. While you can submit a PII quote with your application, approval will only be granted once you have a valid PII policy. The OISC recommends a minimum coverage of £250,000.

Fee scale

Fee-charging organisations must submit a fee scale for approval by the OISC. If you wish to amend the fee scale after registration, you must seek and obtain OISC approval before making any changes. Often immigration services are charged on a fixed-fee basis. To determine your fees, decide your hourly rate and multiply it by approximately the number of hours it will take you to prepare a certain type of application.  

Accounts

You need to provide a document outlining your client account procedures. Money in a client account, which includes advance payments for work and disbursements (e.g., document translation fees), belongs to the client and is protected by the bank. Application fees should ideally be paid directly by the client to avoid complications. Once work is completed, you can invoice the client and transfer funds from the client account to the business account.

See the ‘Fees and accounts practice note’ for more details.

New OISC adviser application and competence statement

Where you are adding a new OISC adviser to the organisation, or you are becoming a new OISC adviser yourself by joining a registered organisation, you must complete a New Adviser Application and provide a Competence Statement. This requirement applies to all OISC advisers, including volunteers.

As part of this process, you must complete a Disclosure and Barring Service (DBS) check. If you have a DBS certificate that is less than six months old when you apply, you can submit this. Otherwise, a new certificate will be required. The OISC does this on your behalf as part of the application process.

You will also need to evidence your right to work in the UK. This may include providing your British passport, eVisa or biometric residence permit. If you have limited leave to remain in the UK, you will need to have at least 18 months leave to remain left on the date of application (though there is some flexibility for those joining a registered organisation).

Finally, you must submit a Competence Statement confirming you have attained a sufficient level of experience and training, as detailed in the Application for Registration section above.

After submitting your application, the OISC authorisation team will check to confirm that they have received all the relevant documents before scheduling you for the next available assessment.

If you pass the assessment and the OISC is satisfied that you have demonstrated you are fit and competent to become a fully fledged OISC adviser, your application will be approved. You will receive a registration number and you can start providing immigration advice and services.

After you register as an OISC adviser

Once you are registered as an OISC adviser, you must be aware of your ongoing duties.

Audits

The OISC conducts regular audits of regulated organisations to ensure compliance with the Code of Standards and to assess the effectiveness of the policies and procedures. Audits are typically carried out annually, though they may occur less frequently.

Organisations are notified in advance when an audit will take place. An auditing caseworker will request a list of all clients and will crosscheck information on a number of cases with the Home Office. They will then attend the organisation’s office and request to review the selected files. Files can be kept electronically or in hardcopy but must be backed up.

The purpose of these audits is to evaluate both the organisation’s procedures and the competence of its advisers. For instance, if a client’s file shows they received a refusal, the caseworker will check whether the client’s expectations were appropriately managed from the outset and if they were informed on the likelihood of success.

After an audit, the caseworker will provide feedback on their findings and discuss any issues identified. The organisation will be sent a written summary of the findings which will highlight any areas of poor practice or breaches of the Code of Standards, and offer recommendations for improvement. In cases where several issues are found, a follow-up audit may be scheduled.

If the OISC determines that the organisation is not complying with the Code of Standards or that its advisers are not competent to provide immigration advice, it may cancel the organisation’s registration.

Change of circumstances

If the circumstances of an OISC adviser or regulated organisation change, the OISC must be notified within ten days. This includes situations where an adviser joins or leaves the organisation, the organisation stops providing immigration advice or services or the organisation has changed address.

If a new adviser is joining the organisation they will need to complete the New Adviser Application and Competence Statement. However, if the new adviser is currently working for another organisation that is regulated by the OISC or has been regulated by the OISC within the last six months, it generally is not necessary to complete the Competence Statement. Instead, the organisation needs to provide the details of the new adviser to the OISC and await approval. The new adviser must not start providing advice or services until approval is granted.

If the organisation seeks to provide advice and services at a higher level, they will need to complete the Application Form for Raising Levels. Each adviser wishing to raise their own level must provide evidence of their training and experience in a raising levels competence statement.

Continued registration

An organisation will normally be granted a registration period of 12 months. Before this period expires, they can apply for re-registration by completing this application form. For fee charging organisations, there is a fee to pay. The process is straightforward, provided there are no complex issues or changes in circumstances.

Continuing professional development training

Immigration law changes very frequently. It is important for immigration lawyers – including OISC advisers, solicitors and barristers – to stay updated on changes and best practices. This is known as continuing professional development, often abbreviated to “CPD”.

The OISC has issued a Practice Note on CPD requirements. It does not prescribe how OISC advisers should do their CPD training, but it does expect advisers to maintain a learning and development record documenting how they keep themselves up to date.

CPD activities may include undertaking formal training courses, attending meetings or seminars, researching developments in your area of practice and networking with other immigration advisers.

Free Movement members can access our collection of training courses, including our Monthly Update course, all of which provide a CPD certificate on completion. Anyone, with or without a Free Movement membership, can sign up to our weekly newsletter and keep up to date with the latest news on our immigration blog page. We also run regular webinars and workshops on topical areas of immigration law and practice.

This would all count towards your OISC adviser CPD – just make sure you record it and retain evidence of the CPD activity you have done.

Where do I begin?

Our entry-level ‘Learn immigration law: OISC Level 1’ training course is ideal for aspiring advisers seeking accreditation and for other budding immigration lawyers. The course runs part-time over four weeks and includes an overview of how immigration law works, family and business immigration, nationality law, the EU Settlement Scheme, refugee law and more – it’s everything you need to start your career in immigration law.

For specific queries on registering with the OISC, it is best to contact the Customer Service Unit directly: info@oisc.gov.uk