Experience and training
What if I have no previous experience of immigration work?
It may be difficult for you to demonstrate that you have the requisite knowledge and skills if you have no previous training or experience in immigration law and practice, especially at levels 2 and 3.
Even if you demonstrate high levels of knowledge in the competence assessment, we may undertake oral competence assessments during pre regulation visits and, ask that you attend additional training to improve your skills and abilities before authorisation is granted.
Continuing Professional Development (CPD)
Continuing Professional Development (CPD) is compulsory for all fully regulated advisers and has been introduced to encourage and assist advisers to remain skilled and competent.
Advisers are required to undertake a certain number of hours of training per CPD year, which runs from 1 April - 31 March, and to record this in their personal on-line CPD portfolio.
This training is monitored by the OISC and non-compliance with the requirements is a breach of Code 23 of the Commissioners Code of Standards and will affect an advisers continued regulation with the Commissioner.
Newly regulated advisers do not need to commence CPD until 1 April following their regulation.
Can I provide immigration advice and services while my application is being assessed?
No. You cannot provide immigration advice and services until the Commissioner has approved your application.
While your application is being considered, you are not regulated and are not permitted to provide immigration advice or services.
If we become aware that you are practising illegally, i.e. without authorisation, this could affect our decision as to whether or not we approve your application.
It is a criminal offence, punishable by fine and/or imprisonment, for anyone to provide, or offer to provide, immigration advice and services without being approved to do so by the Commissioner (or other body, as defined in Section 82 (2) of the Act.
To offer to provide immigration advice and services (i.e. advertising) before the Commissioner has approved your application, is also a criminal offence.
How do I become competent if I cannot practise until I am regulated?
The Act allows people to gain experience of immigration advice without being regulated if they are employed by, or supervised by, another adviser who is OISC authorised to provide immigration advice and services. The organisation must inform the OISC of the supervisory arrangements
A person can also give immigration advice while employed (and supervised) by a member of a designated professional body such as a practicing solicitor.