Statutory guidance
Guidance on Competence 2021 - Summary of Levels
Updated 1 July 2021
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This publication is available at https://www.gov.uk/government/publications/competence-oisc-guidance-2012/guidance-on-competence-2017-summary-of-levels
1. Level 1 - Asylum & Protection
Work permitted
- Notifying UKVI of a change of address
- Straightforward applications to vary the conditions attached to leave already granted, including conditions attached to bail granted by the Secretary of State
- Straightforward applications for leave in line or refugee status in line for the UK born children of refugees and people with humanitarian protection
Work not permitted
- Applications for Asylum or Family Reunion
- Settlement (protection route) applications
- Lodging notices of appeal and substantive appeals work including making representations to, or appearing before, courts or tribunals
- Representations in relation to leave to enter or remain for illegal entrants or overstayers.
- Applications for release from detention or applications to prevent removal or deportation from the UK.
- Judicial Review
2. Level 1 - Immigration
Work permitted
- Basic applications for entry clearance, leave to enter or remain in the UK.
- Applications for Administrative Review, apart from applications refused on the basis of credibility or a fundamental issue of the genuineness of documents or relationships
- Straightforward applications to vary the conditions attached to leave already granted, including conditions attached to bail granted by the Secretary of State
Work not permitted
- Lodging notices of appeal and substantive appeals work including making representations to, or appearing before, courts or tribunals
- Representations in relation to leave to enter or remain for illegal entrants or overstayers. Applications for release from detention or applications to prevent removal or deportation from the UK.
- Judicial Review
3. Level 2 - Asylum & Protection
Work permitted
- All aspects of asylum applications and related Human Rights Act (HRA) applications, Case Resolution and Active Review.
- Lodging notices of appeal and Statements of Additional grounds
- Family Reunion and Settlement (protection route) applications
- Representations to UKVI, on illegal entry, overstayers, removal and deportation cases and applications for Secretary of State bail
Work not permitted
- Substantive appeals work including making representations to, or appearing before, courts or tribunals
- Applications for Immigration bail before the First-tier Tribunal
- Judicial Review
4. Level 2 - Immigration
Work permitted
- Discretionary and complex applications. Out-of-time applications and concessionary policies
- Lodging notices of appeal and Statements of Additional Grounds
- All applications for Administrative Review
- Representations to UKVI, on illegal entry, overstayers, removal and deportation cases and applications for Secretary of State bail
Work not permitted
- Substantive appeals work including making representations to, or appearing before, courts or tribunals
- Applications for Immigration bail before the First-tier Tribunal
- Judicial Review
5. Level 3 - Asylum & Protection
Work permitted
- All aspects of asylum applications and related Human Rights Act (HRA) applications.
- Lodging Notices of Appeal
- Family Reunion and Settlement (protection route) applications
- Representations to UKVI, on illegal entry, overstayers, removal and deportation cases, applications for bail to the Secretary of State and First –tier Tribunal
- Substantive appeals work, including representation at First-tier and Upper Tribunal hearings and specialist casework
- Pre-action protocol letters in advance of Judicial Review
Work not permitted
Judicial Review
6. Level 3 - Immigration
Work permitted
- Discretionary and complex applications. Out -of-time applications, concessionary policies, lodging notices of appeal and Statements of Additional Grounds
- Representations to UKVI, on illegal entry, overstayers, removal and deportation cases and applications for bail to the Secretary of State and First –tier Tribunal
- All applications for Administrative Review
- Substantive appeals work, including representation at First-tier and Upper Tribunal hearings and specialist casework
- Pre-action protocol letters in advance of Judicial Review
Work not permitted
- Judicial Review
7. Level 3 - Judicial Review Case Management
Work permitted
- Instruct appropriate counsel through the Licensed Access scheme to provide litigation and advocacy services to the client
- Support instructed counsel in the preparation of the client’s case and administration of the matter
- Instruct appropriate counsel where an urgent application is required
- Instruct counsel to seek reconsideration of a decision to refuse a full hearing or to seek permission to appeal to the Court of Appeal
Work not permitted
- Litigation and advocacy elements of Judicial Review applications
- Formal steps related to Judicial Review proceedings
- Judicial Review case management of categories of work in which the adviser is not authorised at Level 3