2.6 Boundaries for Caseworkers

Advisers are required by OISC to act and advise at the level that they are competent at. The definitions of ‘immigration advice’ and ‘immigration services’ are set out in section 82 of the Immigration and Asylum Act 1999 (as amended). The work detailed below provides a framework of what can constitute ‘immigration advice’ thereby falling with the realm of (regulated work) and work that be conducted without the need to be registered (unregulated work).

Note: The below summary is intended as a quick guide to the kinds of work you can and can’t do at Level 1. For more definitive guidance, please refer to the OISC’s Guidance on Competence (GOV.UK).

Unregulated Work:

You can:

• Give ‘generic information’ relevant to large groups of migrants (e.g. asylum seekers)

• Apply for asylum support or Section 4 support* (GOV.UK).

• Lodge an appeal against a refusal of asylum support.

• Apply for ‘Exceptional Case Funding’ (legal aid for ‘out-of-scope’ matters) (GOV.UK).

• Legal aid: apply for exceptional case funding (GOV.UK).

• Request a copy of the BAIL 201 form.

• Contact the Home Office to find out the next reporting date (GOV.UK).

*But you should not discuss how someone can make themselves eligible for support.

Level 1 Asylum & Protection

You can:

• Notify the HO of a change of address .

• Apply for a Certificate of Travel for a person with Humanitarian Protection.

• Apply to lift a NRPF condition (GOV.UK) (where leave was granted following the refusal of asylum).

• Apply for permission to work.

• Apply for ‘Leave in Line’ (GOV.UK) for the UK-born children of Refugees, etc.

• Request an extension on the deadline to submit a Preliminary Information Questionnaire (GOV.UK) (if necessary, to enable an asylum seeker to instruct a representative to help with this).

Level 1 Immigration

You can:

• Straightforward EUSS applications - after 1 of July 2021, this is likely to be limited to:

  • Upgrading from pre-settled to settled status for EEA nationals and their direct family members.

  • Applications from pre-2021 family members to join an EEA national with status under the EU Settlement Scheme.

• Visit visas (GOV.UK).
• Apply for destitution domestic violence (DDV) concession (DDVC).
• Long residence (Rule 276B) applications - Immigration Rules part 7: other categories - Immigration Rules - Guidance - GOV.UK (GOV.UK).
• Work and study visas - Browse: Work in the UK (GOV.UK) and Browse: Study in the UK (GOV.UK).
• Registration/naturalisation as a British Citizen (GOV.UK) (excluding discretionary child registration).

  Straightforward* applications for the partner, child or parent of a British, settled or refugee sponsor - Immigration Rules Appendix FM: family members - Immigration Rules - Guidance (GOV.UK).

Note: Applicants must not be overstayers or irregular migrants and must meet all the rules without relying on the ‘human rights’ provisions in EX.1, GEN.3.1 & GEN.3.2. Applications for children must not be based on ‘sole responsibility’ or ‘serious and compelling family or other considerations.’-European Convention on Human Rights (coe.int).

Higher Level Work

You must not lodge an appeal and you must not give advice on the following Level 2 matters:

• Asylum claims

• Refugee family reunion application

• Applications for irregular migrants

• Applications involving criminality or ‘poor character’

• Private life (R. 276ADE) applications

• ‘Complex’ applications for partners, children or parents

• Applications for ‘adult dependent relatives’

• Settlement as a victim of domestic abuse

And you must not do these Level 3 tasks:

• Advise someone about an immigration appeal

• Request an adjournment

• Apply for bail

• Submit a ‘pre-action protocol’ letter in relation to a regulated matter

Note: There may be circumstances where an application that is normally within Level 1 becomes Level 2 (e.g. where criminality or a lack of specified evidence comes to light.) If this happens, the matter should be referred to a Level 2 adviser ASAP.