Michael Carmody Caseworker Registration with the OISC

Why the need for regulation? Before 2001 there was no regulation and anyone could ‘set up shop’ and give immigration advice. The OISC was created to;  Protect those that may require immigration or asylum advice; and, in so doing  Help to protect the UK ’ s immigration system from abuse.  Part V – Immigration and Asylum Act 1999  Created the Immigration Services Commissioner  Introduced regulation of the immigration advice sector

The OISC Role  Regulating – directly or indirectly – those providing immigration advice and services  Investigating complaints against anyone that gives immigration advice or services  Restricting and controlling illegal activity  Supporting and promoting good practice within the immigration advice sector  Ensuring advisers are fit and competent

The Code of Standards and the Commissioner’s Rules  The Codes of Standards applies to all regulated organisations  For Profit (fee charging)= Registered  Not for Profit (non fee charging) = Exempted  The Commissioners Rules applies to registered organisations  Complaints investigations  The Codes and Rules Assessment

OISC Regulation Advisers are regulated at 3 levels  Level 1 – applications within the Immigration Rules  Level 2 - more complex casework  Level 3 – advocacy and representation before the Asylum and Immigration Tribunal  5 categories All current regulated Local Authority NCS are at Level 1 nationality and citizenship category only

Local Authority Nationality Checking Service Applications to the OISC Why do Local Authority NCS have to be registered?  1999 Immigration and Asylum Act  Relevant matter Applications for Registration – Fee Charging Application requires  Policies and Procedures for the organisation Training plans Organisational structure Referral and/or signposting procedure…  Information about individual advisers Competence statement Proof of ID/ right to work Code and Rules assessment…

What happens next  Allocation  Further Info Requests  Level 1 Online Competence Assessment  Competence Statement analysis  Decision

Local Authority NCS Exceptions Understanding  Specific area of work  Discussions with NCS  Recognition of external audits  NCS Training  OISC Guidance Notes for Local Authorities Exceptions  Level 1 competence assessment  Business plan  Professional Indemnity Insurance  Accounts  Equal Opportunities and anti discrimination  Client Care Letter

Post Registration Approval Once approved the organisation is granted registration for 1 year An application for continued registration must be submitted every year We monitor the continued fitness and competence of our registered organisations through:  Investigating complaints made against approved organisations  CPD requirements for each adviser  Auditing premises

Complaints  Complaints can be made directly to us by: a client; anyone acting on their behalf.  Complaints can be made anonymously  A complaint is investigated where appropriate  Complaints are determined using the civil standard of proof - the balance of probabilities The Commissioners’ Complaints Sanctions are: laying on file; withdraw exemption immediately; A disciplinary charge.

Continuous Professional Development (CPD) Continuing Professional Development is now a requirement for all approved OISC advisers Level 1 advisers - 8 hours (6 core knowledge and 2 non-core) Level 2 advisers – 12 hours (9 core knowledge and 3 non-core) Level 3 advisers - 16 hours (12 core knowledge and 4 non-core) Advisers maintain an on-line portfolio of training undertaken.

Continuous Professional Development (CPD)  Commenced April 2008  Open University  Core Knowledge  Non Core Knowledge  Individual on line portfolio  Completion

Working with you It is important to the Commissioner to increase the provision of good quality advice and services available. We will give your organisation a designated caseworker. Your caseworker will provide advice about how to stay compliant, complete your CPD, prepare for audits, continued registration etc. You can assist us by encouraging clients to make complaints to us or making complaints on their behalf.

Contact details 5 th Floor, Counting House 53 Tooley Street, London SE1 2QN Telephone: , Fax: