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Questions and Answers
What is the purpose of the OISC Exam Resource Book?
What is the purpose of the OISC Exam Resource Book?
To assist candidates with their OISC examination and preparation for the exam.
As of what date does this version of the resource book contain the law?
As of what date does this version of the resource book contain the law?
8 November 2024
What is the name of the primary legislation mentioned in the resource book that regulates immigration to the United Kingdom?
What is the name of the primary legislation mentioned in the resource book that regulates immigration to the United Kingdom?
Immigration Act 1971
A person who is not a British citizen can only be deported if the Secretary of State deems their deportation to be conducive to the public good.
A person who is not a British citizen can only be deported if the Secretary of State deems their deportation to be conducive to the public good.
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What is the primary requirement for a person born outside the United Kingdom to be a British citizen by descent?
What is the primary requirement for a person born outside the United Kingdom to be a British citizen by descent?
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What are the three conditions that a family member must meet to be removed from the United Kingdom under section 10 of the Immigration and Asylum Act 1999?
What are the three conditions that a family member must meet to be removed from the United Kingdom under section 10 of the Immigration and Asylum Act 1999?
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What is the meaning of 'protection status' as defined in the Nationality, Immigration and Asylum Act 2002?
What is the meaning of 'protection status' as defined in the Nationality, Immigration and Asylum Act 2002?
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What is the maximum time limit for receiving a notice of appeal if a person is in the United Kingdom?
What is the maximum time limit for receiving a notice of appeal if a person is in the United Kingdom?
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Which of the following is NOT a condition for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981?
Which of the following is NOT a condition for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981?
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What are the two primary types of immigration routes discussed in the Immigration Rules?
What are the two primary types of immigration routes discussed in the Immigration Rules?
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What is the definition of 'adequate' in relation to maintenance and accommodation requirements?
What is the definition of 'adequate' in relation to maintenance and accommodation requirements?
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What does 'breach of immigration laws' mean in the context of these rules?
What does 'breach of immigration laws' mean in the context of these rules?
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What does 'Confirmation of Acceptance for Studies' mean in the context of these rules?
What does 'Confirmation of Acceptance for Studies' mean in the context of these rules?
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Which of these groups is NOT subject to the English language requirement set out in this Appendix?
Which of these groups is NOT subject to the English language requirement set out in this Appendix?
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An applicant for settlement aged 64 is exempt from the English language requirement.
An applicant for settlement aged 64 is exempt from the English language requirement.
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The English language requirement can be met by obtaining a qualification at the ___ CEFR level.
The English language requirement can be met by obtaining a qualification at the ___ CEFR level.
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What is the minimum number of guided learning hours required for an English language class to potentially qualify for an exemption for settlement applicants under 18?
What is the minimum number of guided learning hours required for an English language class to potentially qualify for an exemption for settlement applicants under 18?
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The English language requirement for a Skilled Worker applicant can be met by fulfilling the requirements in EL 7.1. and EL 7.2., OR by fulfilling the requirement in EL 9.1.
The English language requirement for a Skilled Worker applicant can be met by fulfilling the requirements in EL 7.1. and EL 7.2., OR by fulfilling the requirement in EL 9.1.
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Which of the following is NOT a requirement for a partner, parent, or dependent child aged over 18 to be exempt from the English language requirement when applying for settlement?
Which of the following is NOT a requirement for a partner, parent, or dependent child aged over 18 to be exempt from the English language requirement when applying for settlement?
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Match the Appendix with its corresponding English language requirement:
Match the Appendix with its corresponding English language requirement:
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What is the minimum level of English language proficiency required for an individual who is applying for settlement as a partner, parent, or dependent child aged over 18?
What is the minimum level of English language proficiency required for an individual who is applying for settlement as a partner, parent, or dependent child aged over 18?
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An applicant for settlement aged under ___ is exempt from the English language requirement.
An applicant for settlement aged under ___ is exempt from the English language requirement.
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The English language requirement applies to all applicants for entry clearance or permission to stay, regardless of the route or category.
The English language requirement applies to all applicants for entry clearance or permission to stay, regardless of the route or category.
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Which of the following routes requires an applicant to meet the English language requirement if they wish to apply for entry clearance or permission to stay?
Which of the following routes requires an applicant to meet the English language requirement if they wish to apply for entry clearance or permission to stay?
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An applicant who is a citizen of Canada will automatically meet the English language requirement.
An applicant who is a citizen of Canada will automatically meet the English language requirement.
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What are the two primary ways an applicant can prove they meet the English language requirement through an academic qualification?
What are the two primary ways an applicant can prove they meet the English language requirement through an academic qualification?
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An applicant applying for entry clearance, permission to stay, or settlement on the Start-up, Innovator Founder, or Scale-up routes must have a ______ in English to meet the language requirement.
An applicant applying for entry clearance, permission to stay, or settlement on the Start-up, Innovator Founder, or Scale-up routes must have a ______ in English to meet the language requirement.
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Match the following English language requirements with their corresponding pathways:
Match the following English language requirements with their corresponding pathways:
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Under what circumstances does an applicant applying under Appendix Student satisfy the English language requirement?
Under what circumstances does an applicant applying under Appendix Student satisfy the English language requirement?
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An applicant can only meet the English language requirement by passing an approved English language test.
An applicant can only meet the English language requirement by passing an approved English language test.
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What level of English language ability is required for an applicant under Appendix Student, according to EL 8.2?
What level of English language ability is required for an applicant under Appendix Student, according to EL 8.2?
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The applicant must provide a valid ______ from an approved provider showing they passed an approved English language test if they wish to meet the English language requirement through an approved test.
The applicant must provide a valid ______ from an approved provider showing they passed an approved English language test if they wish to meet the English language requirement through an approved test.
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Which of the following options is not an approved test under EL 6.1?
Which of the following options is not an approved test under EL 6.1?
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Study Notes
Immigration Rules and Legislation
- Purpose of Resource Book: Aids OISC exam preparation; not for general use. OISC doesn't accept responsibility for errors.
- Updates: Compiled as of November 8, 2024, updated to reflect changes from Statement of Changes HC217 (September 10, 2024). Specific paragraphs amended.
- Key Legislation Mentioned: Immigration Act 1971, British Nationality Act 1981, Immigration and Asylum Act 1999, Nationality, Immigration, and Asylum Act 2002, Tribunal Procedure Rules 2014, Immigration Rules (HC395).
- Immigration Act 1971: Part I regulates UK entry. Part III covers criminal proceedings. Sections 1, 3(5), 3(6), 3C, 24, 24A, 24B, 25, 25A are outlined. It discusses deportation, illegal entry, deception, assisting unlawful immigration, and general offences.
- British Nationality Act 1981: Details acquisition of British citizenship by birth, descent, registration, and naturalization.
- Immigration Rules (HC395): Extensive document covering various aspects of UK immigration. Includes detailed appendices, interpreted definitions, and specific parameters for different categories. Rules concerning leave to enter/remain, family members, grounds for refusal, and procedure/appeals are mentioned.
Key Definitions and Concepts
- Common Travel Area: Includes UK, Channel Islands, Isle of Man, and Ireland. No border controls.
- Adequate Maintenance and Accommodation: Income, after taxes, housing costs, must be equal to income support levels.
- Administrative Review: A review under the immigration rules; Appendix AR relates.
- Illegal Entry/Illegal Working(Immigration Act 1971): Various sections pertaining to illegal entry, deception related to immigration, and illegal working.
- Breach of immigration laws: Includes offenses like overstaying, illegal entry, breaching conditions of leave, and employing deception.
- English Language Requirement: Detailed in Appendix English Language, specifying requirements for various visa categories (Student, Skilled Worker, business, religious, sports, Ancestry, Global Talent, Start-up, Innovator Founder, Temporary Work, Domestic Worker, High Potential, Settlement Family Life, Private life, Scale-up, Hong Kong British National (Overseas)).
Appeals and Procedure
- Appeals: Rights of appeal exist for protection claims, human rights claims, and revocation of protection status (Nationality Immigration and Asylum Act 2002).
- Notice of Appeal (Tribunal Procedure Rules 2014): Time limits for filing appeals vary based on location (UK or outside).
- Citizens' Rights Immigration Decisions: Separate appeal procedures exist as outlined in r. 19 of the Tribunal Procedure Rules 2014.
English Language Requirements (Appendix English Language)
- Exemptions: Applicants aged 65+ or under 18, with disabilities preventing meeting the requirement, or partners/parents/dependents over 18 who have spent 15 continuous years in the UK with permission, meeting A2 CEFR or ESOL entry level 2 or Scottish Credit and Qualification Framework level 3, providing confirmation from a qualified English teacher of 75+ guided learning hours in the last 12 months, are unlikely to reach B1 level.
- Meeting the Requirement: Meeting any requirement in EL 3-6 fulfills the English language requirement; similarly for student applicants meeting criteria in EL 7.1-8.4, Skilled Workers satisfying EL 7.1, 7.2, or 9.1.; Start-ups, Innovator Founders, and Scale-ups meeting EL 7.1 and 7.2; High Potential Individuals, applicants from Settlement Family Life or Private Life and International Sportspeople meeting EL 7.1 and 7.2.
- Previous Successful Applications: Applicants who have successfully met the English language requirement in a previous application for entry clearance or permission to stay will meet the requirement for their current application.
- Majority English-Speaking Countries: Nationals from majority English-speaking countries (e.g. US, Australia, UK) meet the english language requirement.
- Academic Qualifications: Applicants with a UK bachelor’s, master’s, or doctorate degree, or a degree/degree-level qualification taught in a majority-English-speaking country listed in EL 4.1 (excluding Canada) or Ireland meeting or exceeding the recognised standard of a UK bachelor’s, master’s, or doctorate degree; or a degree/degree level qualification exceeding a UK bachelor’s, master’s, or doctorate degree taught or researched in English. (Evidence required varies by awarding body).
- English Language Tests: Applicants can meet the requirement by providing a valid digital reference number from an approved provider demonstrating passage of an approved English language test to the required level in required components within 2 years of application. (Refer to GOV.UK for up-to-date list of approved providers/tests.)
- GCSE/A Level English: Applicants can meet requirements by having a GCSE, A-level, Scottish National Qualification (level 4 or 5), Scottish Higher or Advanced Higher in English (language or literature), awarded by a regulated body (Ofqual, SQA, Qualifications Wales or CCEA) following education undertaken in a UK school while under 18. (Evidence: awarding body certificate or official transcript).
- Student Applicants: Students fulfilling degree-level or higher education requirements with sponsorship from providers who have assessed English ability according to B2 level or higher Common European Framework for Language Learning or alternative specified standard. Short-term study abroad programs of up to 6 months in the US leading to a UK bachelor’s degree level or higher academic qualification are applicable as well.
- Skilled Workers: Skilled Workers sponsored to work in specific regulated professions (doctor, dentist, nurse, midwife, veterinarian) will have their English language requirement met through passage on an English Language assessment by the relevant professional body.
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Description
This quiz covers key immigration legislation in the UK, including the Immigration Act 1971, the British Nationality Act 1981, and recent updates reflecting changes in the law. It is designed to aid OISC exam preparation by emphasizing essential rules and regulations. Test your knowledge on these crucial immigration laws and their implications.
