How do I apply for Exemption?
To apply for exemption, you need to do FOUR things:
1. Complete and submit the Codes and Rules Assessment
All applicants must complete the Office of the Immigration Services Commissioner's (OISC's) Codes and Rules Assessment before submitting their application.
This is an online assessment that can be accessed through the Code and Rules assessment area of this website.
The assessment tests your understanding of the Code of Standards and the Commissioner's Rules. The assessment consists of 10 questions, all of which must be completed correctly. The assessment is not timed, and can be taken more than once.
Everyone in your organisation who is to be listed as an adviser in your application must complete and submit a successful Codes and Rules Assessment. When each adviser has successfully answered all 10 questions, he or she must ensure that it is successfully submitted electronically via this website.
There may be some questions relating to financial matters in the assessment or questions relating specifically to registered advisers.
As an organisation seeking exemption, you may feel that these are not relevant. However, the OISC expects all advisers regulated to be able to demonstrate a broad knowledge of the OISC's Codes and Rules in order to promote best practice.
Please ensure you tick the non-profit box on the assessment as exempted organisations are not bound by the Commissioner's Rules.
2. Complete the Exemption Application Form
The first section is called 'Organisation details'. In that section, you must provide all the information requested, including 'Adviser details' and 'Additional information'.
You must then complete Sections A and B, which relate to the Commissioner's Code of Standards. These are the standards by which you must work if you are exempted by the Commissioner.
To assess your suitability for exemption, the OISC will assess your fitness and competence to provide immigration advice and services. To do this, the OISC takes into account whether you can demonstrate that you will comply with the Code. Copies of the Code, the Rules and the Guidance on Competence are available on this website. You should study them carefully before applying.
Sections A and B deal with different parts of the Code. At each stage you will be asked to confirm that you have read and understood the relevant Codes on those pages headed 'Declaration'.
You are also required in Section A to provide information and produce documentation to demonstrate you can comply with the Codes. The application form makes it clear where you are required to provide information and produce documentation. Guidance for this is provided in the pages headed 'Notes' in the application form. In addition, you are reminded of the need to provide information and produce documentation on the pages headed 'Declaration'.
On page 32 of the Exemption Application Form you are asked to make further declarations relating to your application.
The OISC is unlikely to approve an application from a person who has an unspent conviction under sections 91 or 92(b) of the 1999 Immigration and Asylum Act (as amended), or if a fine relating to the conviction is not yet discharged.
An application from a person who has been convicted under sections 25 or 26 of the 1971 Immigration Act cannot be approved.
3. Check you have a complete application
On page 33 of the Exemption Application Form you will find an Application check list. When you feel you have completed the application form, provided all the information required and produced all the documentation required, you should check your application against that check list. If your application is fully complete, it is ready to submit to the OISC. Upon receipt of a completed application, we will assign a caseworker to assess your suitability for exemption.
Please DO NOT submit your application if it is not complete - incomplete applications will not be passed to a caseworker.
As necessary, we will write to you telling you what information and/or documentation you did not provide, and you will have 28 calendar days to provide it. If you fail to provide it after that period has elapsed, we will write to you again and you will have a further 14 calendar days to provide the information and/or documentation. If, at the end of the latter 14 day period you still have not provided the information and/or documentation, your application for exemption will be refused because, in failing to submit the required information or documentation, you will have failed to demonstrate that you can comply with the relevant Codes, and, as explained, the OISC cannot be satisfied that you are fit and competent to provide immigration advice and services. We can only grant exemption to people if they can demonstrate that they are fit and competent.
Refusal of an exempted application does not carry an appeal right, and you will not be able to challenge the Commissioner's decision before the Immigration Services Tribunal. However, you can submit a fresh application to the Commissioner at any time.
4. Submit your application
Completed application forms should be submitted to the OISC at the following address:
Central Services
The Office of the Immigration Services Commissioner
5th Floor Counting House
53 Tooley Street
London SE1 2QN
