OISC's Position Statement
Published 23 March 2018
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The Immigration and Asylum Act 1999 (as amended, the 1999 Act) established the Office of the Immigration Services Commissioner (OISC) as an independent, non-departmental, public body to regulate the provision of immigration advice/and or service in the UK. The 1999 Act established a framework for regulation to ensure that those seeking immigration advice and/or services in the UK should receive them from persons who are fit and competent.
Refugees resettled under the Vulnerable Persons Resettlement Scheme (VPRS) to the UK who have been granted Humanitarian Protection are currently able to request to change their status to Refugee Status using the following request form:
1. Vulnerable Persons Resettlement Scheme (VPRS) and Vulnerable Children’s Resettlement Scheme (VCRS). Request to Change Humanitarian Protection Status to Refugee Status Form.
The form has been designed to be as simple as possible for resettled individuals to complete, and a fact sheet has been made available which sets out the implications of the change in status. However, the Home Office and OISC want to ensure that those who require assistance completing these forms, or who would like further advice about what this change of status means, are able to access appropriate advice. Persons who provide such advice and assistance beyond translation work (see below) do need to be “qualified” in accordance with S.84 1999 Act, in order to provide such advice and/or services.
Where such persons are OISC advisers, they will need to be registered at Level 1 in Asylum and Protection or Immigration. However, should any matters be identified whilst advising or completing this form that are not straightforward, then Level 1 Advisers will need to refer the whole matter to a “qualified” person” which includes a Level 2 or Level 3 adviser in Asylum and Protection or Immigration.
Please note, that if Individuals/organisations wish to “assist” but not advise, applicants with this form then such assistance is limited to translation work only and does not require OISC regulation. This will entail helping the applicant to understand what information the form is asking for and/or directly writing their responses onto the form in English. Should the applicant require immigration advice and/or service he/she should be referred to a “qualified”person.
Individuals may of course wish to complete the form themselves, but should they have concerns regarding any sections of the form or be unclear as to what a change of status means for them, they should seek advice from a “qualified” person.
Should anyone feel dissatisfied with the immigration advice and /or service they have been provided by an OISC Adviser, then they may complain to the OISC.