How do I apply for Regulation?

To apply for regulation, you need to do FIVE things:

1. Disclosure and Barring Service Check (DBS)

As part of your application for regulation by the Commissioner you are required to undergo a Disclosure and Barring Service check.

Please note:

  • We can accept an original DBS certificate if it is dated within 6 months of the application for regulation being received at the OISC. (The original certificate will be returned)
  • Existing advisers who are moving to a new organisation (with less than a 3 month break), and those increasing their level or categories, are not required to provide a DBS certificate

However, the OISC reserves the right to request a new DBS check any at time.

How to apply

The Disclosure and Barring Service (DBS) undertakes criminal record checks. The process of obtaining a DBS check requires your identity to be confirmed. This is done through a service offered by the Post Office. (Helpful hints on how to complete the check successfully can be found here Helpful Hints).

The following steps will assist you in completing and understanding the DBS process.

Obtaining your DBS disclosure application form

  • Call the Disclosure and Barring Service on 0870 90 90 811
  • Quote the registered body name and number of: Office of the Immigration Services Commissioner 28153100004
  • Request a Disclosure and Barring Service check at standard level
  • The DBS will post an application form out to your home address
  • All applicants are strongly advised to return to this page for further guidance on how to apply when they receive their DBS Applicant Form.

Verification of your identity

Take your completed DBS application to the Post Office with:-

Once the ID Checking Service has been completed, the Post Office staff will give back to you:

  • Your DBS Application
  • Your original identity documents
  • Certified copies of your original identity documents
  • A receipt confirming the process has been completed.
    Please keep this receipt as you will be asked to produce a copy of this with your competence statement.

Submitting your application correctly

Do not complete the back page of your DBS Application Form (sections W-Z) as this is for OISC use only.

For section e55 of your DBS Application: applicants should treat this question as if they are being asked: 'Do you have any convictions, cautions, reprimands or final warnings, which would not be filtered in line with current guidance?'

After your ID Checking Service has been completed by the Post Office, you should ask the Post Office clerk to send the verified DBS application form, your ID Checking Service Form, certified copies of your original ID documents and the DBS application fee, to:

OISC, Applications and First Contact Team,
5th Floor Counting House,
53 Tooley Street,
London, SE1 2QN

Please do not send your DBS Form to the DBS before sending it to the OISC as this will render your application incomplete and will cause unnecessary delays to your application for regulation. You must send your fully completed DBS Application, correct fee and ID Checking Service Form to the OISC first.

The results of the DBS check will be sent to the applicant and the OISC.

Before completing the DBS application process applicants are strongly advised to read all guidance notes that come with the DBS application form and ID Checking Service Form as failure to complete these forms correctly may delay your DBS check and application for regulation by the OISC.

Disclosure and Barring Service - Changes with effect from 17 June 2013 (PDF format 350kb)

Disclosure Scotland and Access Northern Ireland

Please note that the OISC is a registered body with the Disclosure and Barring Service. It is not a registered body with Disclosure Scotland or Access Northern Ireland and due to this, it is not possible to process criminal conviction disclosure applications made through either of the above bodies.

For organisations and individuals based in Scotland and Northern Ireland, you are still able to use the Disclosure and Barring Service and the verification of identification process using Veri-fy, as detailed above.

However, where an applicant has an existing recent disclosure, the OISC will accept original Standard or Enhanced disclosure certificates (although not Basic disclosures) produced by Disclosure Scotland or Access Northern Ireland if they are submitted to the OISC within six months of issue date.

Protection of Vulnerable Groups (Scotland) Act 2007

The OISC will also accept Disclosure Scotland certificates from applicants who are members of the Protection of Vulnerable Groups (PVG) Scheme and can provide an original disclosure within six months of the date of issue.

The OISC's policies in relation to DBS disclosure information can be found via the following links:

Applications from ex offenders

Handling disclosure information policy

2. Complete the application form

Please complete the application form, ensuring to fill in all the relevant sections.

Application for Regulation Guidance Notes

Application Form for Regulation

New Adviser Application and Competence Statement

The OISC is unlikely to approve an application from a person who has an unspent conviction under sections 91 or 92(b) of the 1999 Immigration and Asylum Act (as amended), or if a fine relating to the conviction is not yet discharged.

An application from a person who has been convicted under sections 25 or 26 of the 1971 Immigration Act cannot be approved.

3. Pay the application fee

A fee must accompany your application for regulation if you intend to charge for immigration advice and services. The amount is dependent on the level of advice intended to be given and, for a level 2 or 3 application, the number of prospective advisers.

The scale of fees is set by Statutory Instrument No. 1366 of 2011 (The Immigration Services Commissioner (Application Fee) Order 2011).

LevelNumber of AdvisersRegulation FeeContinued Regulation Fee
1

Not Applicable

£575£575
2 and 31 to 4£1,750£1,290
2 and 35 to 9£1,960£1,600
2 and 310 and over£2,370£2,115

Cheques should be made payable to The Office of the Immigration Services Commissioner.

The authorisation (application) fees collected by the OISC are determined by the Home Office under statutory powers and must accompany applications.

There is no express power to refund fees in respect of withdrawn or unsuccessful applications, and the Home Office advises that refunds will only be made in exceptional circumstances.

Cheques should be made payable to: The Office of the Immigration Services Commissioner. Payments by BACS are accepted. Please quote your organisations name as the reference when sending BACS payments.

Sort code: 60-70-80
Account Name: OISC No2 Account
Account no: 10014934
Bank: NatWest

Please allow three working days for the BACS payment to be processed by the banking system.

4. Check you have a complete application

Please ensure that you have completed all the relevant sections and included any documents required with your application.

Please DO NOT submit your application if it is not complete - incomplete applications will not be passed to a caseworker.

As necessary, we will write to you telling you what information and/or documentation you did not provide, and you will have 28 calendar days to provide it. If you fail to provide it after that period has elapsed, we will write to you again and you will have a further 14 calendar days to provide the information and/or documentation. If, at the end of the latter 14 day period you still have not provided the information and/or documentation, your application for regulation will be refused because, in failing to submit the required information or documentation, you will have failed to demonstrate that you can comply with the relevant Codes, and, as explained, the OISC cannot be satisfied that you are fit and competent to provide immigration advice and services. We can only grant authorisation to people if they can demonstrate that they are fit and competent.

Refusal of an application for regulation (non-fee charging) does not carry an appeal right, and you will not be able to challenge the Commissioner's decision before the First-Tier Tribunal (Immigration Services). However, you can submit a fresh application to the Commissioner at any time.

5. Submit your application

Completed application forms should be submitted to the OISC AFCT Team at the following address:

Application and First Contact Team
The Office of the Immigration Services Commissioner
5th Floor Counting House
53 Tooley Street
London SE1 2QN

Telephone: 0845 000 0046
Fax: 020 7211 1553