Guidance

Regulations that immigration advisers must follow

Updated 24 May 2022

Read guidance on how to become a regulated immigration adviser.

1. Audits

Audits allow the Office of the Immigration Services Commissioner (OISC) to check that all policies and procedures required by the commissioner’s code of standards are being followed. Audits also give advisers the opportunity to discuss any other issues that they might like to raise with the OISC.

1.1 What audits cover

Audits cover assessment of:

• policies and procedures
• adviser competence in providing immigration advice or services

When an adviser is due to be audited, OISC staff will explain how the audit process works, what’s involved, and timescales.

1.2 Arranging an audit

The OISC aims to audit all newly regulated organisations within 12 months of approval, and will decide when further audits are required. The office will contact advisers to arrange a suitable date for an audit.

2. Continued registration

Registered organisations that want to continue their registration with the OISC must re-register every year.

The OISC notifies all organisations by email several weeks before the continued registration application has to be submitted.

2.1 Continued registration fees

The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 No. 296 is:

Level	Number of advisers	Continued registration fee
1	N/A	£733
2 & 3	1 to 4	£1,646
2 & 3	5 to 9	£2,041
2 & 3	10 and over	£2,698

2.2 Application for continued registration

Registered advisers need to download and complete the appropriate application(s) for continued registration for their organisation.

2.3 Professional Indemnity Insurance

All OISC regulated organisations must have current and adequate Professional Indemnity Insurance (PII). No organisation can be part of the regulatory scheme if it doesn’t have PII. Code 52 of the commissioner’s code of standards explain what’s required.

Depending on the policy’s terms, the adviser’s policy provider will cover compensation payable by an adviser to a client due to the adviser’s error, negligence, misrepresentation and/or inaccurate advice if this can be shown to have caused, or contributed to, the client’s financial or other loss.

Advisers need PII if they:

• provide advice to clients
• handle data belonging to a client or business
• are responsible for a client’s intellectual property
• provide a professional service and could be challenged on their work

Organisations are obliged to inform their insurance providers if they’re aware of either a potential claim or an actual complaint, as this makes it likely that any claim the adviser may make in respect of that matter on their policy will be accepted by the policy provider. An organisation that fails to do so is in danger of failing to comply with their policy’s conditions and consequently not having coverage.

2.4 PII and client care letters

If a client isn’t satisfied with the immigration advice and services provided, they’re entitled to raise their concerns with the regulated organisation. Codes 23-26 require advisers to include details of their complaint-handling procedure (see Code 79) in the client care letter they issue to all clients. The OISC strongly recommends that advisers also include in that letter information about their PII, using this suggested paragraph:

Professional Indemnity Insurance

The OISC requires us to have Professional Indemnity Insurance (PII). The purpose of PII is to cover any compensation we may need to pay to correct a mistake or to cover any legal costs due to negligence, misrepresentation and/or inaccurate advice which may cause, or contribute to, financial or other loss to the client.

3. Complaints scheme

The complaints scheme explains how the OISC deals with complaints against people providing immigration advice or services. It also covers people who are employed by the OISC or work under its supervision.

4. If your circumstances change

Advisers must notify the commissioner of any changes to their organisation that may affect an adviser’s or organisation’s competence or fitness within 10 days of the changes taking place.

Changes could include:

• a new adviser joining
• an adviser leaving
• ceasing to give immigration advice or services
• changing address
• taking someone on under supervision
• being placed under arrest

Advisers should contact their OISC caseworker if they’re not sure whether they need to notify the OISC of any changes.

4.1 Adding a new adviser

New advisers joining an organisation which is already regulated by the OISC should download and complete the new adviser application and competence statement form.

Where the level of competence of the new adviser will raise the competence level of the whole organisation, the application should be accompanied by the application form and notes for raising levels.

If the new adviser is currently regulated by the OISC with another organisation, or was regulated by the OISC within the last 6 months, it isn’t necessary to complete a competence statement. However, the organisation must provide the OISC caseworker with the adviser’s details and await confirmation that they’ve been approved under their certificate of registration. The new adviser will not normally be required to undertake a competence assessment unless issues of concern were raised when previously regulated.

4.2 Increase levels of existing advisers

Advisers can apply to increase their level of competence when they believe they’ve obtained the necessary training and experience to enable them to work at a higher level. As above, should this increase also result in an increase of level for the whole organisation, the organisation should also submit to the OISC the application form and notes for raising levels.

All applications should be sent to:

The Office of the Immigration Services Commissioner
5th Floor
21 Bloomsbury Street
London
WC1B 3HF

Applicant advisers aren’t permitted to provide immigration advice or services until they’re fully approved by the commissioner.

4.3 Closing an immigration advice organisation

Advisers must inform their caseworkers that they’ll be closing down or ceasing to give advice. Advisers should also inform clients of the situation and either refer the client’s case on to another advisory organisation or hand the client’s file back to the client.

5. Continuing professional development scheme

The continuing professional development (CPD) scheme encourages and helps advisers to keep learning so that they are best able to help their clients.

Further information can be found here.

6. Guidance and practice notes for advisers

The OISC produces a number of guidance and practice notes for immigration advisers.

7. Data protection

Our personal information charter contains the standards you can expect when we ask for, or hold, your personal information. It also covers what we ask of you, to help us keep information up to date.