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 âimmigration adviceâ and âimmigration servicesâ 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 âimmigration adviceâ 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 canât do at Level 1. For more definitive guidance, please refer to the OISCâs Guidance on Competence (GOV.UK).
Unregulated Work:
You can:
Give âgeneric informationâ relevant to large groups of migrants (e.g. asylum seekers)
Lodge an appeal against a refusal of asylum support.
Request a copy of the BAIL 201 form.
*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 âLeave in Lineâ (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).
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 âhuman rightsâ provisions in EX.1, GEN.3.1 & GEN.3.2. Applications for children must not be based on âsole responsibilityâ or âserious and compelling family or other considerations.â-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 âpoor characterâ
Private life (R. 276ADE) applications
âComplexâ applications for partners, children or parents
Applications for âadult dependent relativesâ
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 âpre-action protocolâ 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.
Last updated