Guidance

OISC FAQs

Updated 20 August 2019

0.1 Q. Can you find me an adviser who does not charge?

A. If you go to the adviser finder page on our website you will be able to search for a list of organisations in your area that do not charge. Alternatively, you can call our First Contact Team on 0345 000 0046 and we can search for one for you, any selection made by us is only based on an organisation’s proximity to your given location however and does not constitute a recommendation.

0.2 Q. Can you find me an adviser who works on a “no win, no fee basis”?

A. We don’t record that information, you should speak directly to the regulated organisation to find out that information, or visit their website.

0.3 Q. Can you give me immigration advice?

A. No; we cannot give you immigration advice, although we can provide you with the details of people who can. Call us on 0345 000 0046 or visit the adviser finder page on our website to find a list of advisers in your area who can give you advice.

0.4 Q. Are you the Home Office? Can you update me on my application?

A. We aren’t the Home Office, we are unable to give you any information about the progress of your application. If you need to contact UK Visas and Immigration about your application, you can find information on how to do so, here.

0.5 Q. How should I select the right OISC firm for my immigration needs?

A. OISC firms can provide advice in the different areas of immigration work and at different levels of complexity. If your matter is related to an Asylum application then you should select an organisation that lists this as one of the categories in which they work. If you need to make an asylum application you will need an adviser regulated at Level 2 or Level 3.

If your matter relates to any type of leave to enter or remain in the UK (including applications under the EU Settlement Scheme) then an adviser operating at Level 1 in Immigration is likely to be able to help you. Advisers regulated at higher levels can also help you but they will additionally be able to assist you where your matter may be more complex; for example if your application has been refused or a previous application has been refused, if you have overstayed your current leave or you are in detention.

If you need to appeal a decision made by the Home Office an OISC Level 2 or Level 3 adviser can lodge an appeal for you but substantive work on your immigration matter and representation before an immigration judge will require an OISC adviser registered at Level 3. A small number of OISC advisers also have permission to manage a JR application on your behalf, such advisers are registered in a category called JRCM (Judicial Review Case Management).

By checking an organisation’s Levels and Categories, you can make sure that you find the right organisation to deal with your specific situation. Each OISC organisation’s Levels and Categories will feature on their certificate but, if you are unsure about the areas an organisation can practise in, call us on 0345 000 0046 and we can clarify for you.

0.6 Q. I’ve never used an OISC firm before, what should I expect?

A. All OISC organisations have gone through our registration process, they’re then given authorisation to practise which they have to renew regularly, which gives us an opportunity to check if they are operating properly and if they are not, take action against them, including taking away their licence to practise altogether.

They all have to follow a set of regulations. All new advisers have to demonstrate their knowledge before being given permission to practise. For more detailed information on what you can expect from an OISC adviser, visit our What you can expect from your adviser page.

0.7 Q. I can’t find the details of my organisation on your adviser finder; does that mean they’re not regulated by you?

A. Not all OISC regulated organisations appear on our adviser finder, some choose not to feature on it. However, we are required to maintain a register of all regulated organisations which we publish on our website, so you can search this list for details home.oisc.gov.uk/register_of_regulated_immigration_advisers/register.aspx .They will also have a unique reference number, which should feature on their website, email and letterhead. If you are still unsure if your adviser is regulated by the OISC, the best way to check is to call us on 0345 000 0046 or email us at info@OISC.gov.uk

0.8 Q. I want advice on moving to America, can you find an adviser to help me with that?

A. We only regulate advice given in relation to immigration into the UK that is given within the UK itself.

0.9 Q. My cousin is receiving advice on coming to the UK from a firm in his home country, do you regulate that?

A. We only regulate advice given by organisations in the UK. However, if you instruct a firm in the UK and they refer you to an office overseas, they should explain why, ask for your written permission first and the work done should be to the same standard as work done in the UK.

0.10 Q. My adviser says I need to pay his bill up front, is that right?

A. Some organisations do ask for money up front, but that money remains yours until work has been done for you. If you change your mind about engaging an OISC organisation and they have not yet completed the work you asked them to do, you should be entitled to a refund of at least part of the fee paid.

0.11 Q. Can you give me the details of my organisation’s Professional Indemnity Insurance? I want to make a claim.

A. Professional Indemnity Insurance (PII) is held by all OISC regulated organisations. It is not the kind of insurance that clients can make a claim against. Having PII means that you can be sure that all OISC advisers are able to pay out any compensation costs or damages that might be awarded against them by any court or tribunal to rectify any issues related to the incorrect advice and/or services.

0.12 Q. How do I complain about my adviser?

A. It is often worth talking about your complaint to your organisation first, as they may able to resolve your complaint quickly and provide certain forms of remedy, such as a refund, that the OISC cannot. However, if you do not wish to complain to your organisation, or you have already done so but don’t think your matter has been dealt with properly, you can find out more about our online portal, complaint form and guidance on how to complain here.

0.13 Q. My organisation has closed down, but they still have my file and papers, what should I do?

A. Sometimes organisations will still answer correspondence or phone calls after they have closed and will be able to transfer your file to a new representative. If you are unable to contact them however, you should contact the OISC. We may be aware of what the organisation has done with its outstanding papers.

0.14 Q. I have met someone who says she does not need to be registered with the OISC and that she can do my work for a small fee, is this ok?

A. Ask the adviser who she is regulated by and take steps to verify that she is genuinely regulated by checking online any details she provides you. She may state that the work does not require regulation but if the work relates to your right to enter or remain in the UK and the adviser is providing the advice in the UK then she may be wrong. If you are unsure you can contact the OISC and explain your situation and we should be able to advise you on whether she is correct or not. You can call us on 0345 000 0046 or email us at info@OISC.gov.uk.

0.15 Q. I want to switch representative midway through the application process, can I?

A. You can change representative whenever you like, however, you may have to pay your current representative for the work they have carried out on your behalf.

0.16 Q. My current or former representative won’t release my papers, can they do that?

A. OISC regulated organisations cannot do this. If they have not released your papers to you or your new representatives three working days after receiving your request they are in breach of our Codes. Contact us on 0345 000 0046 and we will get in touch with the organisation to try and speed matters up.

0.17 Q. Can you get my money back if I complain?

A. At the end of the OISC’s complaint investigation, we may recommend that an organisation refunds some, or all of the fees you have paid. We do usually find that organisations comply with our recommendations regarding fees. If they do not comply, we would take such behaviour into account when considering an organisation’s application for re-registration.

In the most serious of cases we also have the option to request the Immigration Services Tribunal to direct organisations to return fees to clients. If the Tribunal agrees with our request they will make an order which all organisations have to comply with. Often the best and quickest results for complainants can be achieved by taking your complaint to your organisation directly. If you don’t feel after doing so that your complaint has been concluded satisfactorily, you can always still complain to us afterwards.