Office of the Immigration Services Commissioner
Encyclopedia
The Office of the Immigration Services Commissioner (OISC) is the United Kingdom
regulator of the immigration
advice industry whose powers stem from the Immigration and Asylum Act 1999.
, a barrister
or a legal executive
) they must be regulated by the OISC.
All those providing immigration advice and services must comply with the OISC's Code of Standards and Rules. "Immigration advice" is advice given relating to a specific application to enter or remain in the UK. "Immigration services" are those given when representing someone in relation to an immigration matter, for example, to the United Kingdom Border Agency (UKBA) or a court or tribunal.
The OISC maintains and publishes a roll of those advisers that it has found fit and competent to provide immigration advice and services. This roll is divided into those that charge to provide advice and services (the register) and those that do not charge (the list).
Legal advisers regulated by the OISC must complete a detailed regulation process. They can be regulated at 3 levels of competence:
The Commissioner may refuse or withdraw permission to practice if they believe that an adviser is not fit and competent to provide immigration advice and services. The Commissioner may also take other disciplinary action against advisers found in breach of the OISC Rules or Code of Standards. These decisions may be appealed to the Immigration Services Tribunal. Legal advisers making applications for people to come to or remain in the UK are required to provide their full details along with their OISC number with each application to the UKBA.
.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
regulator of the immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
advice industry whose powers stem from the Immigration and Asylum Act 1999.
OISC immigration advisers
Although guidance notes and numerous online resources are available to help people applying to immigrate to the United Kingdom, some may also seek professional legal advice. In contrast to most areas of legal advice in the United Kingdom, immigration advice services are regulated. Unless an immigration adviser is regulated by another approved regulator (for example a solicitorSolicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
, a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or a legal executive
Legal Executive
Legal executives are trained legal professionals in England & Wales, Northern Ireland, Ireland, New Zealand, Australia, Singapore and Hong Kong who often specialise in a particular area of law. There is, however, no direct equivalent to a legal executive in Scotland...
) they must be regulated by the OISC.
All those providing immigration advice and services must comply with the OISC's Code of Standards and Rules. "Immigration advice" is advice given relating to a specific application to enter or remain in the UK. "Immigration services" are those given when representing someone in relation to an immigration matter, for example, to the United Kingdom Border Agency (UKBA) or a court or tribunal.
Responsibilities
The OISC is responsible for:- Admitting immigration advisers into its Regulatory Scheme,
- Maintaining and publishing the register and list of advisers,
- Prosecuting those that operate illegally outside of the Scheme,
- Regulating immigration advisers in accordance with the Commissioner’s Rules and Code of Standards,
- Receiving complaints about immigration advisers irrespective of whether or not they are regulated by the OISC, and
- Promoting good practice in the immigration advice sector.
The OISC maintains and publishes a roll of those advisers that it has found fit and competent to provide immigration advice and services. This roll is divided into those that charge to provide advice and services (the register) and those that do not charge (the list).
Legal advisers regulated by the OISC must complete a detailed regulation process. They can be regulated at 3 levels of competence:
- Level 1 – Initial advice
- Level 2 – Casework
- Level 3 – Advocacy and representation
The Commissioner may refuse or withdraw permission to practice if they believe that an adviser is not fit and competent to provide immigration advice and services. The Commissioner may also take other disciplinary action against advisers found in breach of the OISC Rules or Code of Standards. These decisions may be appealed to the Immigration Services Tribunal. Legal advisers making applications for people to come to or remain in the UK are required to provide their full details along with their OISC number with each application to the UKBA.
Immigration Services Commissioners
The posts of Immigration Services Commissioner and Deputy Immigration Services Commissioner are Ministerial appointments, and the Commissioner is a corporation soleCorporation sole
A corporation sole is a legal entity consisting of a single incorporated office, occupied by a single man or woman. This allows a corporation to pass vertically in time from one office holder to the next successor-in-office, giving the position legal continuity with each subsequent office...
.
- John Scampion (?–May 2005)
- Suzanne McCarthy (appointed 5 September 2005, re-appointed September 2010)