Do I need to apply for regulation by the OISC?

If you wish to provide immigration advice or services, you must apply for registration or exemption with the Office of the Immigration Services Commissioner (OISC) unless you are a 'qualified person'. Most voluntary and community organisations and most businesses that offer immigration advice or services in the UK need to apply to the OISC for registration or exemption. Section 84 (1) of the Immigration and Asylum Act 1999 ('the Act') prohibits the provision of immigration advice or services other than by a 'qualified person'. The Act states that a person is a 'qualified person' if he or she is:

1. a registered person with the OISC within the UK;
2. authorised by a designated professional body to practise as a member of the profession whose members that body regulates;
3. the equivalent in a European Economic Area (EEA) state of:
   1. a registered person, or
   2. a person within paragraph (b);
4. a person permitted, by virtue of exemption from a prohibition, to provide EEA state advice or services equivalent to immigration advice or services;
5. acting on behalf of, or under the supervision of, a person within any of paragraphs (a) to (d) (whether or not under a contract of employment).

The prohibition in section 84 (1) also does not apply to persons falling under section 84 (4) of the Act who have been certified as "exempt" by the Commissioner as not charging for their advice or services or are a category of person eligible to provide immigration advice and services by Ministerial Order.

Unless any of the above applies to you, you must apply to the OISC for regulation if you wish to provide immigration advice or services either by registration or exemption within the UK.

Operating an immigration advice service where work is checked by a solicitor or barrister is not sufficient to satisfy subsection (b). The relevant professional body itself must regulate the work. Further, solicitors or barristers assisting unregulated advisers to practise in this way may be acting in breach of Law Society or Bar Council Rules.

If you need any further help or clarification, please contact us on 0845 000 0046 or email: info@oisc.gov.uk