Corporate report

Business Impact Target 2020-2021

Updated 20 December 2021

At the end of March 2017 the Immigration Services Commissioner became a “relevant regulator” for the purposes of section 22 of the Small Business, Enterprise and Employment Act 2015. In practice this brought the OISC formally within the scope of the Regulators’ Code and requires us to publish certain documents.

The Government’s policy objectives for the BIT are to: -

• Provide a wider focus for the reduction of regulatory burdens on business and voluntary or community bodies (“Business”), enabling Business to free up resources and boost productivity.
• Ensure that there is even greater transparency around the impact of regulation on Business, and
• Provide greater incentives for regulators to design and deliver policies that better meet the needs of Business

The BIT relates to the economic impact on Business of qualifying regulatory provisions (QRPs) and non-qualifying regulatory provisions (NQRPs) that come into force, cease to be in force or are changed during a BIT Annual Reporting Period.

Under this Act, the OISC is required to report to the Government details of any changes to our regulatory policies and practices that will benefit the sector by reducing the regulatory burden.

This report covers the BIT Reporting Period 17 December 2020 to 16 December 2021.

1. Qualifying Regulatory Provisions (QRPs)

Qualifying measures are those with an impact above the +/- £5 million de minimis threshold. None of the OISC’s changes to our regulatory policies and practices reached this threshold.

2. Non-Qualifying Regulatory Provisions (NQRPs)

A summary of the OISC measures that are out of scope of the BIT are shown below and in the attached NQRP Summary.

2.1 Measures certified as being below de minimis (measures with an EANDCB below +/- £5 million)

2021 OISC Guidance on Competence

30 June 2021 marked the end of the ‘grace period’ where aspects of EU Free Movement law continued to apply. As a result the OISC Guidance on Competence was updated to reflect these changes and it came into effect on 1 July 2021.

Guidance for OISC Advisers on the provision of advice and services related to the EU Settlement Scheme

This guidance document provides advice for OISC regulated organisations regarding work permitted at each Level in relation to the EU Settlement Scheme post 30 June 2021.

Introduction of on-line OISC Competence Assessments

An organisation was found that provided an on-line platform to host the competence assessments together with the capability to provide a sophisticated proctoring facility to ensure that, despite sitting at their own PC, candidates remained subject to invigilated exam conditions.

This new process has proved to be so successful that the OISC will continue to use on-line assessments in the future and no longer hold them in person.

DBS applications accepted on-line only

In order to be able to process mandatory Disclosure and Barring Service (DBS) applications on behalf of applicant advisers, the OISC made the decision to use the services of an umbrella body to carry out the checks on our behalf.

Remote Auditing

Remote auditing was trialled during the Covid 19 pandemic and has been shown to work successfully. Premises audits will be re-introduced when it is safe to do so, but the OISC has made the decision to continue with remote auditing in certain situations. Thematic audits and an adviser self-assessment are also being piloted in this business year as possible audit processes to be adopted in the future

The impact to business of these regulatory provisions is less than the £5m qualifying target.

2.2 Casework

During the business year 1 April 2020 – 31 March 2021 there were:-

• 236 premises audits; 8 prosecutions awaiting trial; 8 convictions; 8 tribunal appeals; 46 appealable decisions

No activities listed in this section represent a change in the burden of regulation placed on business, except where these result from a separate qualifying regulatory provision that has been assessed

2.3 Education, communications and promotion

During the BIT reporting period 17 December 2020 – 16 December 2021 there have been:-

• 9 x guidance documents updated or produced
• 1 x adviser conference and 4 x OISC Newsletters published
• 2 x social media campaigns focusing on the OISC Adviser Finder and OISC complaints process; series of posters, in multiple languages, aimed at advice seekers
• 1 x Facebook advert promoting OISC EUSS video

No activities listed in this section represent a change in the burden of regulation placed on business, except where these result from a separate qualifying regulatory provision that has been assessed

2.4 Activity related to policy development

Changes were made to the OISC Guidance on Competence and this is covered in the section ‘Measures certified as being below de minimis’