Guidance

Frequently Asked Questions and Answers

Updated 1 April 2022

This information is for voluntary and community sector organisations only. The OISC has established the Voluntary Sector Support Group to help the not for profit sector with issues relating to applying for and maintaining regulation with the OISC. There is a dedicated email address: VSS@oisc.gov.uk for any queries that you may have that are not answered below.

• We only signpost individuals to appropriate providers, do we need to be registered?

The OISC defines signposting as directing an enquirer to other more suitably qualified legal representatives. If this is how you operate then you probably do not need to apply to us. If you are in any way unsure, it’s probably a good idea to check with us by emailing us at VSS@oisc.gov.uk

• Can I gather information before referring or signposting the client on without the need for regulation?

Yes, it may be helpful in ensuring that you are signposting them on to someone that can properly assist them, but you must ensure that you are only collecting information and not providing opinions on what relevance this information might have to their immigration position, if you are not authorised by the OISC to provide immigration advice or services.

• We have heard the phrase “exempted” from similar organisations to ours, what does it mean?

The term ‘Exempted’ was previously used by the OISC to describe organisations that needed to be regulated but did not need to pay a fee to the Commissioner for regulation. However the term was widely confused with bodies that did not require regulation at all. To avoid such confusion the Commissioner no longer refers to organisations that do not need to pay a fee as being ‘Exempt’. Instead we now talk about ‘fee charging’ and ‘non fee charging’ as this is a clearer distinction. It may be that you are not required to pay a fee to the OISC to be regulated; this is normally the case where you do not charge those you assist any kind of fee. Please contact us to find out more.

• We undertake only a very small amount of immigration work; our main areas of work are related to welfare issues. We are concerned that our staff will struggle to pass a broad assessment at Level 1, what should we do?

Be clear in your application to set out the work that you believe falls for regulation with the Commissioner; it may be that it does not, in which case we will let you know that regulation is not required. If you are unsure you can check this point prior to applying by e-mailing us at VSS@oisc.gov.uk. If you do need regulation you should apply in the appropriate Level and Category to which the work falls (see the Commissioner’s Guidance on Competence). Explain in your application exactly the work you intend to do. The Commissioner has the power to grant limited registration; we may approve you at Level 1 but limited to a very specific piece of work which may mean it is not necessary to assess your competence across all areas of that level. This is decided on a case by case basis, often based on how assured we are that work will, in practice, be limited to particular areas and if operating in this way is in the clients’ best interest.

• We are considering helping clients with applications for exceptional case funding. Do we need to be registered with OISC to undertake this particular area of work?

No, applications for exceptional case funding do not fall for regulation by the Commissioner and this work can be completed by advisers without the need to be authorised by the OISC or another Designated Qualifying Regulator.

• We want to apply with one adviser to get the organisation up and running, with the intention of adding more advisers once registered, can we do that?

That is fine; it is a good idea to get the application in as soon as you can, to allow us to start working with you. You can explain in your business plan that this is your intention. It is simple to add advisers once the application has been approved. Please bear in mind that adding advisers during the registration process can cause delays to your application, as each applicant will have to go through the assessment process prior to the whole application being approved.

• We have a lot of volunteers with a high turnover, do they all need to be registered?

Many voluntary organisations use the OISC supervision scheme to allow them to manage a high turnover of staff. It is also a good way for individuals to gain experience of working at a higher level prior to applying to the OISC. Supervision allows individuals to work up to Level 1 without being registered with the OISC. Supervision plans must be approved before supervision starts. More information on supervision can be found at Supervision of Trainee Immigration Advisers.

• We have a lot of individuals who need to do the Level 1 test at the same time; can we block book slots at your assessment centres?

In cases of high numbers of applicants, we may arrange for one of our caseworkers to come to you, allowing your applicants to sit the test together in one go. This is dependent on certain conditions being met. If this is something you feel is appropriate to your organisation, please let us know when you first apply.

• One of our advisers has less than 18 months valid leave, can they apply?

It is expected that applicants have at least 18 months leave. The thinking behind this is to ensure continuity of service and to make sure that every regulated organisation can continue to meet the needs of its clients. If you have an applicant in mind that does not, please get in touch with us prior to making an application on their behalf so that we can discuss it further. If you are already registered this is best done by contacting your caseworker. If you have not yet submitted an application to us you can email this query to VSS@oisc.gov.uk

• If I give advice at one organisation, can I give advice at another?

You can give advice at more than one OISC regulated organisation without needing to be retested or completing more forms. You will however need to provide the Commissioner with details of how you will be dividing your time between organisations to make sure that you are able to meet the requirements of your service users. As long as those requirements are being met, the Commissioner is likely to authorise you to provide advice at more than one organisation. You do however need to wait until you receive this authorisation before you begin any additional work.

• We have read about the need to provide a client care letter, but we only see clients once for a drop in. If we have to provide a client care letter for each client it will reduce the amount of people we can see. What should we do?

One off advice, where there is no expectation of the client returning for any follow up work, does not require a client care letter to be issued. Organisations should still be recording the advice given and details of the recipient and, if possible, issue them with written confirmation of the advice given, but don’t need to create a client care letter. If you think this sounds like your organisation, explain why when you first apply, providing as much information about how you operate as possible.

• We have organisation wide management documents and insurance, is that ok?

As long as your organisation wide Professional Indemnity Insurance (PII) covers the provision of advice and the limit of indemnity is above £250,000 then it should be fine. Generally speaking, whole organisation governance documents should be fine, if in doubt, send them in to your caseworker who will then be able to assess them and discuss with you if or where changes are needed.

• What if we don’t have all of the documents/polices you ask for?

Some key documents you will need to have but others may not be essential or relevant to your organisation at all. If you feel something is not relevant please set out in detail why, we can then make a decision on whether or not it is required. We will provide you with guidance on how to produce anything you may not currently have. We do not expect you to present us with a perfect application at the first attempt. Our caseworkers will work with you, assisting you to meet our requirements.

• We have many trustees; do you need details for all of them?

Probably, although if your organisation has different trustees for different areas of service then we may not. When you make your application to us, explain the situation in writing and then we can discuss with you what is required.

• We’ve heard we need to get all trustees signatures when we apply. It’s difficult to get our trustees’ signatures as they are not often present at our offices. Will this delay our application?

We will need to get the details of all of your trustees when you apply to us initially, however a signature is not required from each trustee, so the information can be collated by the person completing the form as long as they have checked with each trustee in relation to the declarations being made. Similarly when applying for Continued Registration, the Chief Executive or Chair should check with each trustee that there are no issues related to fitness that the OISC need to be made aware of. Once they have received confirmation from the trustees that this is the case, they can sign the form on behalf of the organisation.

Those completing the application for registration or continued registration should ensure that trustees are provided with the Guidance on Fitness for Owners so they are aware of their obligations to disclose personal information that will be relevant to the OISC’s consideration of the application.

• Do we have to renew our licence annually?

Yes you do. We require less information at renewal that we do at initial registration and there is no fee for renewal for those organisation who do not charge a fee for their services.

For any other queries about the voluntary sector and the OISC, please email VSS@oisc.gov.uk