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OISC Assessment The OISC regulatory scheme registers “organisations” and authorises “individuals” within those organisations to provide immigration advice and/or services. For most individuals, this will involve undergoing the OISC’s formal written competence assessment. Individuals will be invited by OISC to undertake a competence assessment only once that individual has applied to be an adviser within an existing OISC organisation or to set up their own OISC-regulated organisation. The Training Provider ‘HJT Training’ has a contract with the OISC to draft and mark the assessment papers. The OISC scheme also requires an applicant to show knowledge of the OISC ‘Code of Standards’. From 1 April 2016 a new Code of Standards came into effect. (An applicant must demonstrate knowledge and adoption of certain minimum professional standards and business practices, but those matters are not covered in this training. Full explanation is to be found at: https://www.gov.uk/government/organisations/office-of-the-immigration-services-commissioner. According to the OISC Guidance on Competence 2021, in force from 1 July 2021: The OISC has divided immigration advice and services into three Levels depending on the type and complexity of the work involved. The competence requirements increase with the intricacy of the work. A summary of the work permitted at each OISC Level is given on page 8. Details of the types of work permitted at each Level begins on page 9. OISC Advice Levels The three OISC Levels of immigration advice and services are as follows: • Level 1 – Advice and Assistance • Level 2 – Casework • Level 3 – Advocacy and Representation The Guidance on Competence gives very useful details about what work can and cannot be carried out at each level. The 2021, 2017 and 2012 versions can be found at: https://www.gov.uk/government/publications/competence-oisc-guidance-2012 For those who are solicitors or acting under the supervision of solicitors there is no requirement to undertake any specific competence assessment. Issues of professional standards and competence are regulated by the Solicitors Regulation Authority. The process of competence assessment All OISC assessments have been online since the coronavirus pandemic and will remain so. The OISC has a great deal of useful information on its website: https://www.gov.uk/government/publications/how-to-become-a-regulated-immigration-adviser https://www.gov.uk/government/collections/competence-assessments-immigration-and-asylum- advisers Under the OISC scheme each Level has its own syllabuses. At OISC Level 1 there is only a ‘Level 1 Immigration Syllabus’ given the restrictions on the work permitted at that level. At OISC Levels 2 and 3, OISC provides both an Immigration Syllabus and an ‘Asylum and Protection Syllabus’. Clearly the 8 relevant syllabus is an invaluable starting point for those preparing to undertake the OISC competence assessments. Updated versions of each syllabus, with slight amendments, were published in July 2021. OISC has also developed two ‘Exam Resource Books’ for candidates taking the assessments. The Resource Books are regularly updated. The Level 1 Exam Resource Book contains all the relevant statutory material, rules and regulations which may need to be referred to during the assessment for candidates taking the Level 1 assessment only. OISC suggests that candidates taking a Level 1 assessment as a prelude to taking a higher level exam, should only print the Level 2 and 3 Exam Resource Book as this contains all the statutory material, rules and regulations they may need for both the Level 1 and Level 2 or 3 assessments. It is nonetheless useful to compare the Resource Books online to check what material is excluded from the OISC Level 1 Booklet. The OISC website also provides examples of past questions and model answers. At OISC Level 1 assessment is by Multiple Choice and a scenario-based test. The OISC document ‘The Competence Assessment Process’ was amended in June 2021 by the addition of the emboldened paragraph below: The level 1 assessment has 2 sections, section 1 consists of 20 multiple choice questions and section 2 consists of scenario based questions which require written answers. If an applicant passes both sections in one or two attempts, they will pass the assessment overall. The pass mark for the Level 1 OISC assessment is 60% and candidates have one attempt per application in which to pass their assessment. If a candidate fails their Level 1 test, their application for registration will be refused on competence so all applicants are urged to prepare for their assessments as fully as possible. Applicants applying to work at level 2 or 3 must initially pass the level 1 assessment... The OISC ‘Guidance on Competence’ explains how it is possible to achieve competence in either or both of the ‘immigration’ and ‘asylum and protection’ categories at Levels 2 and 3. However, being qualified under one category but not the other, does impact on the nature of work the adviser is permitted to undertake once registered: While advisers do not need to be competent in both categories at their particular Level, all Level 2 and 3 advisers must be competent in both categories at Level 1, regardless of the areas of their competence at Level 2 or 3. This means, for example, that a business immigration specialist working at Level 2 or 3 must be competent in both Immigration and Asylum and Protection at Level 1. However, a Level 1 adviser does not need to be competent in both categories. Advisers regulated to provide advice and services at a particular Level are not required to do everything that can be done at that Level. For example, while a Level 3 adviser can appear at appeals before the Tribunal Service Immigration and Asylum (TSIA), they do not have to do this to be an authorised Level 3 adviser. Regulated advisers are reminded of Code 6 [of the OISC Code of Standards] which states: Advisers must not operate beyond the level of competence approved by the Commissioner or in categories that have not been approved. 9 Thus, for example, an adviser authorised at Level 2 in the category of immigration may carry out bail and detention work for immigration cases. However, they cannot do so for bail and detention work in asylum and protection cases. https://www.gov.uk/government/publications/competence-oisc-guidance-2012 ‘Open book’ exam The OISC Immigration Papers and Asylum and Protection Papers are all ‘open book’ meaning that hard copies of any published text or the candidate’s own prepared notes can be consulted during the examination. Applicants taking the test are invigilated through proctoring software which records them taking the assessment through the webcam of their computer or laptop. Applicants should not leave the scope of the camera during the test. Applicants cannot use online resources during the exam. They will be able to access the relevant OISC Exam Resource book which they will be able to use in digital format in the exam environment. Judicial Review Case Management Since 1 June 2017, OISC advisers registered at Level 3 have been able to apply for authorisation in Judicial Review Case Management (JRCM). JRCM work includes: • Advising on the merits of judicial review proceedings and any costs or risks involved • Explaining the various stages associated with a judicial review application • Drafting written instructions for counsel to represent a client in proceedings • Assisting in the gathering of information and documents to support the claim • Supporting in the preparation of skeleton arguments and the substantive hearing bundle • Instructing where an urgent application is required A JRCM caseworker cannot conduct judicial