Differently from some other areas of law, the provision of advice and services in the immigration field is strictly regulated. With very limited exceptions, only regulated people – for example registered OISC advisers – may provide these. Various provisions of the Immigration and Asylum Act 1999 provide definitions and create criminal offences, which include fines and imprisonment.

 

So, it hardly needs to be said, if you are providing advice/services on any sort of regular or business basis you do need to be sure that you are properly regulated! The 1999 Act tells us that the law engages anybody in the UK who is providing either or both of these on a business basis “whether or not for profit”, so the net is drawn widely.

 

The Act was designed to protect the public from unscrupulous operators. The OISC has prosecution powers (which it is evidently prepared to use) and on their website they publish details of recent prosecutions for illegal provision.

 

It is sometimes difficult to acquire OISC adviser status: the exams are not particularly easy and it is sometimes very difficult to find job training opportunities; but the alternative is worse!

 

To find out more about how to become an immigration adviser, read our immigration insights or consider studying on one of our OISC Level 1 Courses.