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:

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

Level 1 Asylum & Protection

You can:

Level 1 Immigration

You can:

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.

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