Experience and training
What if I have no previous experience of immigration work?
It may be difficult for you to demonstrate that you have the requisite knowledge and skills if you have no previous training or experience in immigration law and practice, especially at levels 2 and 3.
Even if you demonstrate high levels of knowledge in the competence assessment, we may still ask that you attend additional training to improve your skills and abilities before admitting you to the Office of the Immigration Services Commissioner (OISC) scheme.
Continuing Professional Development (CPD)
Continuing Professional Development (CPD) is compulsory for all fully regulated advisers and has been introduced to encourage and assist advisers to remain skilled and competent.
Advisers are required to undertake a certain number of hours of training per CPD year, which runs from 1 April - 31 March, and to record this in their personal on-line CPD portfolio.
This training is monitored by the OISC and non-compliance with the requirements is a breach of Code 23 of the Commissioners Code of Standards and will affect an advisers continued regulation with the Commissioner.
Newly regulated advisers do not need to commence CPD until 1 April following their regulation.
Can I provide immigration advice and services while my application is being assessed?
No. You cannot provide immigration advice and services until the Commissioner has approved your application.
While your application is being considered, you are not regulated and are not permitted to provide immigration advice or services.
If we become aware that you are practising illegally, i.e. without authorisation, this could affect our decision as to whether or not we approve your application.
It is a criminal offence, punishable by fine and/or imprisonment, for anyone to provide, or offer to provide, immigration advice and services without being approved to do so by the Commissioner (or other body, as defined in Section 82 (2) of the Act.
To offer to provide immigration advice and services (i.e. advertising) before the Commissioner has approved your application, is also a criminal offence.
How do I become competent if I cannot practise until I am exempted?
The Immigration and Asylum Act 1999 allows for people to gain experience of immigration advice without being exempted if they are employed by, or supervised by, another adviser who is OISC registered or exempted.
The organisation must inform the OISC of your supervisory arrangements and you must also provide the name of any adviser you wish to supervise.
A person could also give immigration advice while employed by (and supervised by) a member of a designated professional body, such as a practising solicitor.
Business names and the use of titles
The Scottish Law Society states that, in order to prevent clients being misled, it will not allow non-solicitors operating in Scotland to use either the words "law" or "legal" in their organisations' titles and will take action to enforce this rule. This is in line with the OISC's Code 76. Similar rules apply in England and Wales. Advisers wanting more information on this should contact the Business Names Section at Companies House or, for charities, from the Charity Commission.
Further, unless entitled, advisers should not use titles like professor, doctor, commissioner of oaths or notary public. An adviser who incorrectly indicates that they have certain qualifications runs the risk of the OISC determining that they are doing this in order deliberately to mislead potential clients.
