OISC Code of Standards

oisc

Applicability of OISC Code of Standards

The Office of the Immigration Services Commissioner’s Code of Standards (the OISC Code) applies to everyone providing immigration advice or immigration services within the UK including:

  • those regulated advisers who provide advice or services without charge and operate on a not-for-profit basis and are exempt from paying the Commissioner an application fee;
  • those regulated advisers who charge for advice for profit, who are also governed by the Commissioner’s Rules and are registered by the Commissioner; and
  • those under Ministerial Orders.

Full details of the Code can be found on the Office of the Immigration Services Commissioner’s web site.

The OISC Code is made in accordance with paragraph 3 of Schedule 5 to the Immigration and Asylum Act 1999 and applies to any person providing immigration advice or immigration services, except:

  • a person authorised by a designated professional body to practise as a member of that profession,
  • a person who holds an office under the Crown, when acting in that capacity,
  • a person employed by, or for the purposes of, a government department, when acting in that capacity, or
  • a person acting under the control of a government department or otherwise exercising functions on behalf of the Crown.

Meaning of ‘Immigration Advice’ and ‘Immigration Services’

The OISC Code and the Rules relate to those providing immigration advice or immigration services in the UK. Immigration advice means advice which:

  • relates to a particular individual,
  • is given in connection with one or more relevant matters,
  • is given by a person who knows that he is giving it in relation to a particular individual and in connection with one or more relevant matters, and
  • is not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings.

and ‘immigration services’ means the making of representations on behalf of a particular individual:

  • in civil proceedings before a court, tribunal or adjudicator in the United Kingdom, or
  • in correspondence with a Minister of the Crown or government department, or
  • in connection with one or more relevant matters.

Matters which are covered by the OISC Code

Relevant matters covered by the OISC Code are:

  • a claim for asylum,
  • an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom,
  • an immigration employment document,
  • unlawful entry into the United Kingdom,
  • nationality and citizenship under the law of the United Kingdom,
  • citizenship of the European Union,
  • admission to Member States under Community law,
  • residence in a Member State in accordance with rights conferred by or under Community law,
  • removal or deportation from the United Kingdom,
  • an application for bail under the Immigration Acts or under the Special Immigration Appeals Commission Act 1997, or
  • an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in the above paragraphs

Adviser behaviour

Paragraphs 9 to 28 (inclusive) of the OISC Code deal with the behaviour of advisers and in particular advisers must:

  • act in the client’s best interests (para 9),
  • not abuse their position or take advantage of a client’s vulnerability (para 12),
  • preserve their client’s confidentiality (para 14),
  • not act where there is a real or potential conflict of interest (para 16),
  • have the relevant knowledge, competencies, resources and information sources and keep up to date with training (paras 17 – 23), and
  • be supervised where necessary (paras 24 – 28).

Organisational standards

In addition to the behavioural standards set out above, practices who undertake immigration work must observe the organisational standards contained in the OISC Code. These are set out in paragraphs 29 – 51 and include:

  • provisions relating to equality and the avoidance of discrimination (paras 29-31),
  • the need for a client to be provided with written confirmation that the Immigration Services Commissioner regulates the firm (para 32),
  • the need for a client to be sent a client care letter containing certain required information (para 33),
  • a requirement that the client be kept informed of case progress, significant events and outcome (paras 34 – 36),
  • criteria for obtaining additional advice or opinions and additional services (paras 37 – 40),
  • the basis upon which an adviser can withdraw from a case (paras 41 – 44),
  • a prohibition on the payment or acceptance of referral fees (paras 45 – 47),
  • the need for advisers to have in place a written procedure for the handling of complaints (paras 48 – 51)

Running the organisation

The final area dealt with by the OISC Code relates to the method by which the organisation providing the advice or services is run. This is dealt with in paragraphs 52 – 95 (inclusive).

This part of the code breaks down into 13 sections, which deal with:

Management policies and structures (paras 52 – 54)
A requirement that the organisation have in place policies and structures to deal with, as necessary, how services are organised, key objectives, how financial control is exercised, job descriptions and person specifications for all staff and volunteers and how the induction of new staff is dealt with. It also requires that all policies and structures must reflect equality of opportunity and impartiality. In addition there must be an annual business plan with a cash flow/funding projections.
People management (para 55)
Advisers must notify the Commissioner of changes in their organisation’s immigration advice-giving staff within ten working days of such staff joining or leaving.
Management of staff (para 56 – 58)
This provides that there must be adequate management and oversight of staff together with written procedures, statements and documents for:

  • managing and overseeing staff to ensure their continued competence and fitness,
  • detailing the skills, knowledge and competencies of those assisting advisers, their performance reviews and associated feedback,
  • identifying, recording and delivering in relation to training needs,
  • the organisation’s internal disciplinary procedures, and
  • an induction plan.
Allocation of cases (para 59)
A system for allocating cases to staff according to their authorised levels of competence.
Fees and accounts (paras 60 – 66)
Provides for when an adviser may charge for their services, the operation of client accounts and the need for the adviser to have audited or certified business accounts
Indemnity insurance (paras 67 – 69)
A requirement that all advisers have current and adequate professional indemnity insurance cover, for notification of OISC in the event of lapse and the remedial steps to remedy the situation.
Use of the OISC reference number and the OISC logo (paras 70 – 71)
Deals with the need for all directly regulated organisations to display their unique OISC reference and when the OISC logo must be used.
Promotional material and general information provided by the adviser (paras 72 – 78)
Provisions relating to what may be included in promotional materials, the need for it not to be misleading and the need for advisers not to claim qualifications to which they are not entitled.
Business promotion (paras 79 – 80)
Requires that advisers not make unsolicited approaches to prospective clients either in person, by telephone or in writing nor tout for clients at ports or detention or accommodation centres.
Records and case management (paras 81 – 86)
Requires advisers to keep such clear, orderly and accurate records of contacts, dealings with clients and dealings with third parties such as government departments as are appropriate to their level of service. Also places a duty to supply clients with copies of retained documents. Advisers must also keep a key information and dates record, maintain client records in an orderly fashion and retain records for at least six years.
The client’s documents and file (paras 87 – 90)
Client’s must be given access to their files upon their request and advisers must give or send the client’s documents to the client or such other third party as they may request in writing. There are additional requirements where a client is in detention or their removal is imminent and as to when documents may be given to a third party.
Engaging experts (para 91)
A requirement for a written procedure for selecting experts
Interpreters and country experts (paras 92 – 95)
Requirements as to the use and choice of interpreters.