Statutory guidance

OISC Code of Standards 2016 - General Codes

Updated 1 April 2016

1. General

1.Organisations and advisers must always act in accordance with UK law.

2.Under the OISC regulatory scheme an adviser is only authorised by the Commissioner to work for a specific organisation or organisations.

3.Organisations and advisers must only act according to, and within, their authorisation.

4.All organisations and advisers must remain fit and competent within the Level and Categories for which they are authorised.

5.When giving immigration advice or immigration services, organisations and advisers must act competently.

6.Advisers must be able to demonstrate that they are compliant with the Commissioner’s Continuing Professional Development requirements.

7.Advisers must clearly identify themselves when giving immigration advice or immigration services.

8.Organisations must ensure that no unauthorised person(s) provide immigration advice or immigration services on their behalf.

9.An organisation is permitted to have persons operating above their authorised Level or in Categories for which they are not authorised, but within the Level and Categories granted to the organisation, if the Commissioner has given written authorisation of the organisation’s supervision arrangements.

10.Organisations and advisers must not take advantage of a client’s or a prospective client’s vulnerability.

11.Organisations and advisers must not mislead their clients or prospective clients.

12.Organisations and advisers must always act in their clients’ best interests subject to regulatory and legal requirements.

13.Organisations and advisers must, as far as reasonably practicable, satisfy themselves that documents supplied to them in support of an application are genuine.

14.Organisations and advisers must:

a.show due respect, politeness and courtesy to all;

b.be prepared to provide to a member of the Tribunal Service staff, immigration judge or government immigration and nationality staff, including those at posts abroad, identification and confirmation of their authorisation by the Commissioner to provide immigration advice or immigration services;

c.not mislead the Commissioner, government departments or any other statutory or judicial body;

d.not knowingly or negligently permit themselves to be used in any deception; and

e.not seek to abuse any procedure operating in the UK in connection with immigration or asylum, including any appellate or other judicial procedure, or advise any person to do something which would amount to such abuse.

15.Organisations and advisers must treat their clients fairly and without prejudice or bias.

16.Organisations must have a written equality and diversity policy that meets current statutory requirements.

17.Where an organisation has a policy of offering immigration advice or immigration services only to specific client groups the organisation must make this publicly clear.

18.Organisations which offer immigration advice or immigration services online must ensure that their online information clearly explains what immigration advice or immigration services they are authorised to provide, the generally expected timeframes for delivery of such work and any associated costs.

19.Organisations which provide immigration advice or immigration services online must have a clear and prominent statement on their website that they comply with current regulations including any cooling-off period to which clients are entitled.