OISC Level 1 Assessment - February 2021
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Questions and Answers

What is Vivaan's primary source of income?

  • Salary from a job
  • Investment income
  • Grocery store ownership (correct)
  • Rental income from properties

Which of the following best describes Sachini's current status?

  • She is single and living alone.
  • She is engaged and living with her fiancé.
  • She is married and living in the U.K.
  • She is engaged and planning to marry. (correct)

What qualifies Vivaan to apply for a visa to the U.K.?

  • He has a job in the U.K.
  • He has visited the U.K. multiple times.
  • He has living arrangements in the U.K.
  • He has sufficient savings and income. (correct)

When did Vivaan last visit the U.K.?

<p>Two years ago (B)</p> Signup and view all the answers

What is a potential issue Vivaan might face in his visa application?

<p>He plans to stay in the U.K. for too long. (A)</p> Signup and view all the answers

What document might Vivaan need to provide regarding his financial situation?

<p>Bank statements (A)</p> Signup and view all the answers

What factor may positively impact Vivaan's visa application?

<p>His daughter is a British citizen. (A)</p> Signup and view all the answers

Which of the following is unlikely to be a required document for Vivaan's application?

<p>Employment references (A)</p> Signup and view all the answers

Which term can be used interchangeably with Immigration Rules?

<p>HC 395 (C)</p> Signup and view all the answers

Where should you refer to determine if a German national can qualify for entry clearance to work in the UK?

<p>In Appendix EU (C)</p> Signup and view all the answers

What is the required level of English language for an applicant on the Start-Up route?

<p>B1 (B)</p> Signup and view all the answers

Which requirement does a non-EEA national NOT need to meet when applying for study-related entry clearance?

<p>Have a valid Certificate of Sponsorship. (B)</p> Signup and view all the answers

What is the financial requirement for a Tier 4 Student applying for leave to remain under the Skilled Worker route?

<p>There is no financial requirement. (D)</p> Signup and view all the answers

From which status can one switch into the Temporary Worker (Religious Worker) category?

<p>None of the above (D)</p> Signup and view all the answers

Which condition meets the English language requirement for a national of a majority English-speaking country?

<p>Being exempt from the English language requirement. (C)</p> Signup and view all the answers

What is the financial requirement for a Nigerian national applying under the Ancestry rules?

<p>They must be able to maintain themselves adequately in the UK without recourse to public funds. (D)</p> Signup and view all the answers

To qualify for entry under the Skilled Worker route, which category would a non-EEA national NOT need to consider?

<p>Have a valid Certificate of Sponsorship (C)</p> Signup and view all the answers

What status must an EEA national apply for to continue residing in the U.K. after 31 December 2020?

<p>Settled status. (D)</p> Signup and view all the answers

What is an appropriate action for a client whose pre-settled status application was refused?

<p>Reapply, addressing refusal reasons. (C)</p> Signup and view all the answers

How long must a non-EEA national wait to apply for naturalisation after being granted indefinite leave to enter as a parent?

<p>In five years. (C)</p> Signup and view all the answers

Which child will NOT be able to register as a British citizen under the British Nationality Act 1981?

<p>Child born outside the UK to a British citizen by descent. (B)</p> Signup and view all the answers

What must a non-EEA national do to return to the U.K. after leaving one year ago with Indefinite Leave to Remain?

<p>Apply for indefinite leave to enter. (A)</p> Signup and view all the answers

What factor must be demonstrated for the grant of indefinite leave to enter after a year away from the U.K.?

<p>Strong ties to the U.K. (D)</p> Signup and view all the answers

What is the minimum English language requirement level a client must achieve?

<p>Level A2 of the CEFR. (A)</p> Signup and view all the answers

What documentation is required for a non-EEA national to demonstrate 10 years of continuous lawful residence in the UK?

<p>Appendix Continuous Residence (B)</p> Signup and view all the answers

Which of the following must an applicant for entry clearance as an adult dependent relative consider?

<p>Paragraph 9.82 (a) and (c) of the general grounds of refusal (B)</p> Signup and view all the answers

What should you advise a client whose leave has expired but meets partner rules?

<p>File an application within 14 days with a good reason (A)</p> Signup and view all the answers

What is the minimum gross annual income required for a British partner to meet the financial requirements for a non-EEA national spouse?

<p>£18,600 (A)</p> Signup and view all the answers

If a Jamaican national wants to extend her leave but lacks a degree or language test, what is the requirement for her English language skills?

<p>She can meet the requirement as a national of a majority English speaking country (A)</p> Signup and view all the answers

What is a potential outcome if a client submits a late application without a valid reason?

<p>The application will be refused outright (D)</p> Signup and view all the answers

Which document does not pertain to the continuous residence requirement for non-EEA nationals?

<p>Section 6 of the Immigration and Asylum Act 1999 (C)</p> Signup and view all the answers

For a Jamaican national applying under partner rules, which of the following options represents a valid requirement?

<p>She must have a language test score of B2 or higher (A)</p> Signup and view all the answers

Which English language proficiency level must she attain in speaking and listening?

<p>Level A2 (D)</p> Signup and view all the answers

What status allows an EEA national to continue residing in the U.K after 31 December 2020?

<p>Pre-settled status (C)</p> Signup and view all the answers

If your client's application for pre-settled status is refused, what action can they take?

<p>They can submit a new application with more evidence. (C)</p> Signup and view all the answers

After being granted indefinite leave to enter as a parent, when can a non-EEA national apply for naturalisation?

<p>In five years (C)</p> Signup and view all the answers

Which child cannot register as a British citizen under the British Nationality Act 1981?

<p>Child born outside the U.K to a British citizen by descent (B)</p> Signup and view all the answers

What must a non-EEA national do if they want to return to the U.K after their ILR lapsed?

<p>Reapply for indefinite leave to enter (B)</p> Signup and view all the answers

If you want to start the process for permanent residence, what should you consider?

<p>Previous refusals might affect new applications (B)</p> Signup and view all the answers

What is a requirement for obtaining pre-settled status under Appendix EU?

<p>Sufficient evidence meeting eligibility requirements (D)</p> Signup and view all the answers

Which individual is required to present a TB test certificate to apply for entry clearance?

<p>A US national resident in Nepal applying to come to the UK as a skilled worker. (B)</p> Signup and view all the answers

What must the client show to sponsor his son under the current rules?

<p>The client has sole responsibility for the child. (C)</p> Signup and view all the answers

Where should one look to verify whether a parent applying for indefinite leave to remain in the UK meets the language and life requirements?

<p>In Appendix KOLL. (D)</p> Signup and view all the answers

What is the main source of income for Vivaan, aged 55?

<p>Sales from his grocery store. (C)</p> Signup and view all the answers

What circumstance might make it undesirable for the client to sponsor his son to the UK?

<p>The son feels settled living with relatives in Pakistan. (D)</p> Signup and view all the answers

What is the significance of the Knowledge of Language and Life requirements in the application process?

<p>It determines if the applicant can remain in the UK permanently. (A)</p> Signup and view all the answers

What is a potential barrier for the client wanting to sponsor his son who is living in Pakistan?

<p>The son has relatives in Pakistan caring for him. (B)</p> Signup and view all the answers

Which of the following best describes Vivaan's living situation?

<p>He lives alone in Colombo after his wife’s passing. (B)</p> Signup and view all the answers

Flashcards

Settled Status for EEA Nationals

EEA nationals who have lived and worked continuously in the UK for 5 years, can continue their residence after December 31, 2020 by applying for and obtaining settled status.

What to do if your Pre-Settled Status Application is Refused?

If an application for pre-settled status is refused, the applicant can appeal the decision. They can also request an administrative review of the decision. Alternatively, the applicant can apply again, providing detailed reasons for refusal and further evidence to address concerns.

Naturalisation after Indefinite Leave to Enter as a Parent

A non-EEA national granted indefinite leave to enter as a parent of a UK child can apply for naturalisation immediately.

Who Cannot Register for British Citizenship?

A child born outside the UK to a British citizen by descent cannot register as a British citizen.

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Returning to the UK After Indefinite Leave to Remain

A non-EEA national with indefinite leave to remain who has been outside the UK for a year needs to apply for indefinite leave to enter to return permanently. Granting this status depends on the applicant's ties to the UK.

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Visitor Visa

A visa category for individuals who wish to visit the UK for a short period, such as attending a wedding.

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Requirements for a Visitor Visa

The applicant must demonstrate genuine reasons for visiting the UK and ties to their home country showing they will return.

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Financial Requirements for a Visitor Visa

The applicant must provide evidence of sufficient financial means to cover the cost of the trip.

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Documents for a Visitor Visa

The applicant must provide proof of identity, such as a passport, and evidence of their travel plans including flight bookings.

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Application Procedure for a Visitor Visa

The applicant submits an application online and attends an interview at the visa application centre.

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Factors Favoring Vivaan's Visa

The applicant’s relationship with their daughter in the UK, their financial situation, and their intention to return to Sri Lanka after the wedding.

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Factors Against Vivaan's Visa

The applicant’s previous short trip to the UK and potential for overstaying.

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Supporting Documents for Vivaan's Visa

Documents including passport, visa application form, financial statements, travel itinerary, and invitation letter from daughter.

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What is HC 395?

The Immigration Rules can also be referenced by this code.

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What is Appendix Skilled Worker?

Foreign nationals who want to work in the UK as skilled workers need to meet specific requirements listed in this appendix.

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What is the required English level for the Start-Up route?

To qualify for the Start-Up route, applicants need to demonstrate at least this level of English proficiency.

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What is NOT required for entry clearance as a student?

When applying for entry clearance as a student, non-EEA nationals need to fulfill certain criteria, but they don't need this one specifically.

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What's the financial requirement to switch from a Tier 4 Student to a Skilled Worker?

There's no financial requirement for non-EEA nationals switching from a Tier 4 Student to a Skilled Worker visa.

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Can you switch to Temporary Worker Religious Worker from other visa categories?

The Temporary Worker Religious Worker route is not accessible from other visa categories.

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What's the financial requirement for Ancestry visa applications?

A Nigerian national applying for entry clearance under the Ancestry rules must prove they can support themselves financially without relying on public funds.

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How far back does your ancestry need to go for the Ancestry route?

A person's grandmother being born in the UK is enough to qualify them for potential entry under the Ancestry rules.

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Continuous Residence Requirements for Non-EEA Nationals

To prove continuous lawful residence in the UK for 10 years, non-EEA nationals must meet the continuity of residence requirements outlined in Appendix Continuous Residence of the Immigration Rules.

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Additional Requirements for Adult Dependent Relative Entry Clearance

In addition to the Suitability criteria in Appendix FM, an applicant for entry clearance as an adult dependent relative must also meet the requirements outlined in Paragraph 9.82 (a) and (c) of the general grounds of refusal in Part 9 of the Immigration Rules.

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Expired Leave to Remain for a Partner

If a client's leave to remain as a partner has expired and the application to extend leave is submitted within 14 days, a good reason for the delay must be provided.

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Financial Requirements for Joining a Partner in the UK

When a non-EEA national wants to join their British partner in the UK, they may need to demonstrate financial means. If the partner earns less than £18,600 annually, the applicant must hold specific savings.

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English Language Requirement for Jamaican Partner Visa Extension

A Jamaican national applying for a partner visa extension does not automatically meet the English language requirement solely by being a national of a majority English-speaking country.

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Continuous Residence Requirements for Non-EEA Nationals

To prove continuous lawful residence in the UK for 10 years, non-EEA nationals must meet the continuity of residence requirements outlined in Appendix Continuous Residence of the Immigration Rules.

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Additional Requirements for Adult Dependent Relative Entry Clearance

In addition to the Suitability criteria in Appendix FM, an applicant for entry clearance as an adult dependent relative must also meet the requirements outlined in Paragraph 9.82 (a) and (c) of the general grounds of refusal in Part 9 of the Immigration Rules.

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Expired Leave to Remain for a Partner

If a client's leave to remain as a partner has expired and the application to extend leave is submitted within 14 days, a good reason for the delay must be provided.

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How long to wait for UK citizenship after ILR?

A non-EEA national who has been granted indefinite leave to enter as a parent of a child in the UK can apply for naturalisation after one year.

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Returning to the UK with Indefinite Leave to Remain

Individuals who have been granted indefinite leave to remain can return to the UK permanently without any further visa applications.

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Eligibility for British Citizenship for a child born in the UK to a parent who becomes settled.

A child born in the UK to a parent who becomes settled after their birth will be able to register as a British citizen under the British Nationality Act 1981.

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Who needs a TB certificate for entry clearance?

A person applying for entry clearance to the UK must provide a TB test certificate if they are an Eritrean national residing in Canada.

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Can a parent sponsor their child if the child is living with relatives?

A parent with indefinite leave to remain in the UK can sponsor their child, even if the child is living with relatives elsewhere, as long as the parent can demonstrate they are solely responsible for the child.

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Where to find the knowledge of language and life requirements for parents?

The requirements for knowledge of language and life in the UK for parents applying for indefinite leave to remain are outlined in Appendix KOLL.

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What are the main requirements for a visitor visa?

A visitor visa application requires the applicant to demonstrate a genuine purpose for visiting the UK and strong ties to their home country to ensure their return.

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Where to find requirements for skilled worker entry clearance?

To obtain entry clearance as a skilled worker, non-EEA nationals must meet specific requirements outlined in Appendix Skilled Worker.

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What English level is required for the Start-Up route?

The Start-Up route for non-EEA nationals requires a certain level of English proficiency.

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How far back does ancestry need to go for the Ancestry visa?

To qualify for the Ancestry route, a person must demonstrate a grandparent who was born in the UK.

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What's not needed for entry clearance as a student?

When applying for entry clearance as a student, non-EEA nationals must meet specific criteria, but they don't need to show they have enough funds to support themselves.

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Study Notes

OISC Level 1 Assessment - February 2021

  • Section 1: Multiple Choice Questions

    • Exam time: 1 hour and 15 minutes
    • Open book exam, allowed to refer to materials such as the OISC exam resource book, published texts, and personal notes
    • Only one correct answer per question, maximum one mark awarded per question
    • Answers must be completed on the answer book, not the question paper
  • Section 2: Scenario Based Questions

    • Exam time: 1 hour and 15 minutes
    • Consists of scenario-based questions
    • Total marks for this section: 31
    • Maximum marks per question in brackets
    • Answers should be legible and clearly communicated in plain English

Immigration Rules

  • Also known as Modernised Guidance or Borders, Citizenship and Immigration Act 2009
  • Immigration (European Economic Area) Regulations 2016 are also relevant in determining entry clearance

English Language Requirements

  • Start-up route: requires a B2 level of English language

Study Visa Requirements

  • Non-EEA nationals: Score points for the Study requirement; they need to meet the following
    • Approved qualification requirement
    • Valid Confirmation of Acceptance for Studies (CAS)
    • Valid Certificate of Sponsorship
    • Place of study requirement

Skilled Worker Route

  • Non-EEA nationals seeking to remain under Skilled Worker route after Tier 4 Student status requires financial requirements.
    • £2046
    • £1270
    • £950

Ancestry Rules

  • Financial requirement for a client with a grandmother born in the UK, sufficient funds to cover expenses without accessing public funds

Continuity of Residence

  • Non-EEA nationals demonstrating 10 years continuous lawful residence in the UK, need to meet requirements in Appendix Continuous Residence or Section 10 of the Immigration and Asylum Act 1999 or Paragraph 276A of the Immigration Rules

Dependent Relative Visa

  • Additional considerations for applicants under the Suitability criteria (Appendix FM) include Paragraph 9.82 (a) and (c) of the general grounds of refusal in Part 9 of the Rules.

Partner Visa Extension

  • Client whose leave expired on the day of meeting must provide a good reason beyond their control why the application couldn’t be made in time.

Joining Spouse/Partner (Non-EEA)

  • Client requires £16,000 in cash savings
  • Clients may be exempt from the English language requirement under specific conditions.

EEA National - Staying in UK

  • Needs to apply for pre or settled status to continue residing and working in the UK after December 31, 2020 if residing for five years.

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Description

This assessment consists of multiple-choice and scenario-based questions on immigration rules and English language requirements. It is structured as an open book exam, allowing candidates to reference their materials. Proper communication in plain English is essential for the scenario-based section.

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