Experience and training
What if I have no previous experience of immigration work?
It may be difficult for an applicant to demonstrate that they have the requisite knowledge and skills if they have no previous training or experience in immigration law and practice, especially at levels 2 and 3.
Even if they demonstrate high levels of knowledge in the competence assessment, we may still ask that they attend additional training to improve their skills and abilities before admitting them 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 a person is practising illegally, i.e. without authorisation, this could affect the OISC's decision as to whether or not to approve their 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 registered?
The Immigration and Asylum Act 1999 allows people to gain experience of immigration advice without being registered if they are employed by, or supervised by, another adviser who is OISC registered or exempted.
The organisation must inform the OISC of the 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.
