How do I apply for Regulation?

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

1. Complete and Submit the Codes and Rules Assessment

All applicants must complete the Office of the Immigration Services Commissioner's (OISC's) Codes and Rules Assessment before submitting their application.

This is an online assessment that can be accessed through the Code and Rules assessment area of this website.

The assessment tests your understanding of the Code of Standards and the Commissioner's Rules. The assessment consists of 10 questions, all of which must be completed correctly. The assessment is not timed, and can be taken more than once.

Everyone in your organisation who is to be listed as an adviser in your application must complete and submit a successful Codes and Rules Assessment. When each adviser has successfully answered all 10 questions, he or she must ensure that it is successfully submitted electronically via this website.

2. Criminal Records Bureau Check

As part of your application for regulation by the Commissioner you are required to undergo a criminal records check.

Please note:

• We can accept an original CRB 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 CRB certificate

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

How to apply

The Criminal Records Bureau (CRB) undertakes criminal record checks. The process of obtaining a CRB 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 CRB process.

Obtaining your CRB disclosure application form

• Call the Criminal Records Bureau on 0870 90 90 811
• Quote the registered body name and number of: Office of the Immigration Services Commissioner 28153100004
• Request a criminal record disclosure check at standard level
• The CRB 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 CRB Applicant Form.

Verification of your identity

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

• Supporting documents as required by CRB
• Veri-fy form downloaded by clicking on the following link: Veri-fy website. Please note each adviser must download a Veri-Fy form. Photocopies must not be used.
• Cheque or postal order made payable to CRB for the required fee, currently £26
• Payment of £5 in cash or card to pay the Post Office for using the Veri-fy service

Once the Veri-fy process has been completed the Post Office staff will give back to you:

• 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 CRB Application Form (sections W-Z) as this is for OISC use only.

After your identity has been verified by the Post Office, you should ask the Post Office clerk to send the verified CRB application form, your Veri-fy form and the CRB application fee, to:

OISC, Applications and First Contact Team

5th Floor Counting House

53 Tooley Street

London, SE1 2QN

Please do not send your CRB form to the CRB 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 CRB Application, correct fee and Veri-fy form to the OISC first.

The results of the CRB check will be sent to the applicant and to the OSIC.

Before completing the CRB application process applicants are strongly advised to read all guidance notes that come with the CRB application form and Veri-fy form as failure to complete these forms correctly may delay your CRB check and application for regulation by the OISC.

Disclosure Scotland and Access Northern Ireland

Please note that the OISC is a registered body with the Criminal Records Bureau. 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 Criminal Records Bureau 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 copies of 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.

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

Applications from ex offenders

Handling disclosure information policy

3. 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.

4. 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 2002 No. 2011 (The Immigration Services Commissioner (Regulation Fee) Order 2002).

Cheques should be made payable to The Office of the Immigration Services Commissioner. The application fees collected by the OISC are determined by the Home Office under statutory powers and must accompany all 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.

The application fee must be paid in full at the time of making an application. Under no circumstances can the OISC accept part payment of the application fee.

Payments by BACs is preferred. This avoids the possibility of a cheque being lost in the post. Please quote your organisation's name as the reference when sending BACS payments to:

Sort code: 30-95-26
Account no: 00720573
Bank: Lloyds TSB

Please allow three working days for the BACS payment to be processed by the banking system. The scale of fees is set by Statutory Instrument 2004 No. 802 (the Immigration Services Commissioner (Registration Fee) Order 2002).

5. 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.

6. 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