OISC Level 1 Assessment - March 2021
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Questions and Answers

Which requirement must a child meet to enter the UK to join a parent with limited leave as a partner?

  • Part 8 of the Immigration Rules
  • Article 8 of the ECHR
  • Appendix FM of the Immigration Rules (correct)
  • Appendix KOLL
  • What should a French national who has lived in the UK for two years do to remain legally?

  • Remain in the UK without any application
  • Return to France and apply for entry clearance
  • Apply for limited leave to remain under the EU Settlement Scheme (correct)
  • Apply for a registration certificate
  • When did the British Nationality Act 1981 officially come into force?

  • 1st January 1983
  • 1st January 1981 (correct)
  • 1st January 1984
  • 1st January 1982
  • How long after receiving indefinite leave to remain can a civil partner of a British citizen apply for naturalisation?

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

    Which child does NOT need to register as a British citizen under the British Nationality Act 1981?

    <p>A child born in the UK who resides there until 10 years of age (A)</p> Signup and view all the answers

    From which category can you switch to the Student category?

    <p>Short-term Student (D)</p> Signup and view all the answers

    What is required for indefinite leave to remain for a civil partner of a British citizen in order to apply for naturalisation?

    <p>Three years of continuous residence (C)</p> Signup and view all the answers

    What is the consequence for a child born in the UK to a parent who becomes settled after their birth?

    <p>The child will need to register as a British citizen (D)</p> Signup and view all the answers

    What is the financial requirement for a T5 (Temporary Worker) Religious Worker visa?

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

    How can an Indian national with a Skilled Worker visa apply for his 15 year old daughter to join him in the U.K?

    <p>Under Appendix FM. (A)</p> Signup and view all the answers

    What must your client show to qualify for their disabled father to join them in the U.K?

    <p>Your client must show that with their help, their father cannot get proper care in Egypt. (D)</p> Signup and view all the answers

    When advising a client about sponsoring a relative under UK Ancestry rules, what should they know about third-party support?

    <p>Should not rely on third-party support because it will undermine the application. (D)</p> Signup and view all the answers

    What should your client provide when reapplying after a refusal?

    <p>Detailed reasons for the refusal and better evidence (A)</p> Signup and view all the answers

    How long can someone who entered under the Start-Up rules potentially qualify for settlement?

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

    What is the likely consequence for a client who previously overstayed in the U.K?

    <p>Prohibition from entering the U.K for 12 months (B)</p> Signup and view all the answers

    Which country's nationals do not automatically meet the English language requirement for Knowledge of Language and Life (KOLL)?

    <p>South Africa. (B)</p> Signup and view all the answers

    What grounds can lead to a person's removal from the U.K?

    <p>All of the above (D)</p> Signup and view all the answers

    What is required for an applicant under the UK Ancestry rules regarding financial support?

    <p>They must provide proof of independent financial support. (A)</p> Signup and view all the answers

    What are the requirements for a client to extend leave as a partner?

    <p>Must show proof of partnership duration. (C)</p> Signup and view all the answers

    Which Appendix outlines the Suitability requirements for a French national seeking to work in the U.K?

    <p>Part 9 of the Immigration Rules (A)</p> Signup and view all the answers

    What is the minimum duration a previous overstayer might face a ban from entering the U.K?

    <p>1 year (D)</p> Signup and view all the answers

    What should Sade consider regarding her leave to remain in the U.K.?

    <p>She needs to apply for a new leave before expiry (B)</p> Signup and view all the answers

    Which statement is true regarding Sade's educational background in relation to her immigration status?

    <p>Her lack of university education has no effect on her immigration status (D)</p> Signup and view all the answers

    What factor is NOT considered when assessing Sade's application to remain in the U.K.?

    <p>The homeowner status of her husband (C)</p> Signup and view all the answers

    What must be shown for the client's father to potentially qualify for joining him in the U.K.?

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

    Under the UK Ancestry rules, what is the best advice regarding third party support?

    <p>Relying on third party support will undermine the application. (A)</p> Signup and view all the answers

    How long does an individual who entered under the Start-Up rules wait to qualify for settlement?

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

    Which country does not qualify for the English language requirement under Knowledge of Language and Life (KOLL)?

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

    What is the implication if a client does not meet the requirements of the partner rules?

    <p>They should still apply as it may not be a definite rejection. (B)</p> Signup and view all the answers

    What is required for a client’s father to qualify based solely on disability?

    <p>Meeting the financial requirements. (B)</p> Signup and view all the answers

    What must your client demonstrate regarding their father’s ability to receive care in Egypt?

    <p>That the father would not obtain necessary care despite support. (A)</p> Signup and view all the answers

    What condition must be breached for a father to join a British citizen son in the U.K. based on disability?

    <p>He requires a specific type of care that is unavailable in Egypt. (C)</p> Signup and view all the answers

    What should a Level 1 advisor do if the client's application is likely to fail based on current circumstances?

    <p>Refer the client to a Level 2 or 3 advisor. (B)</p> Signup and view all the answers

    Which factor is NOT considered by an Entry Clearance Officer when assessing the 'genuine visitor' requirement?

    <p>Intention to work in the U.K. (C)</p> Signup and view all the answers

    Who among the following is required to provide a TB test certificate when applying for entry clearance?

    <p>A South African national applying from New Zealand. (A)</p> Signup and view all the answers

    What evidence must an applicant show to meet the 'adequate maintenance' requirement under the Rules?

    <p>Income after taxes must be above the relevant income support threshold. (D)</p> Signup and view all the answers

    If a client's application for entry clearance as a Skilled Worker has been refused, what is the best course of action?

    <p>They should apply again, addressing the reasons for refusal with better evidence. (D)</p> Signup and view all the answers

    Which of the following best represents a required component for a successful visitor application?

    <p>Demonstration of the reason for travel to the U.K. (C)</p> Signup and view all the answers

    What type of income must an applicant demonstrate to fulfill the financial requirements for entry clearance?

    <p>A net income that allows for normal living expenses. (B)</p> Signup and view all the answers

    Why might an applicant still want to submit an application if their circumstances suggest denial?

    <p>They have a right to appeal against any refusal. (C)</p> Signup and view all the answers

    What type of visa can Sade apply for now that she is divorced from her British citizen spouse?

    <p>Parent visa (A)</p> Signup and view all the answers

    Which of the following must Sade do to maintain her legal residency in the UK?

    <p>Apply for an extension of her leave before it expires (A)</p> Signup and view all the answers

    What is one of the main responsibilities Sade has towards her daughter?

    <p>Take her to and collect her from school (B)</p> Signup and view all the answers

    During the school holidays, how many nights does the daughter spend with Robert?

    <p>Four nights (C)</p> Signup and view all the answers

    What is one piece of evidence Sade will likely need to support her application?

    <p>Proof of her child's British citizenship (B)</p> Signup and view all the answers

    Who assists Sade with childcare when she needs help?

    <p>Her cousin (D)</p> Signup and view all the answers

    What is one requirement for Sade's application for an extension of stay in the UK?

    <p>Showing ability to financially support her daughter (C)</p> Signup and view all the answers

    What is the first step Sade should take in the application process?

    <p>Gather all required documents (B)</p> Signup and view all the answers

    Flashcards

    Joining a parent with limited leave: Which rules apply?

    A child entering the UK to join a parent with limited leave as a partner must meet the requirements outlined in Appendix KOLL, not Part 8 of the Immigration Rules.

    EU Settlement Scheme for French nationals

    A French national who has been living and working in the UK for two years can apply for pre-settled status under the EU Settlement Scheme to remain in the UK.

    When did the British Nationality Act 1981 come into force?

    The British Nationality Act 1981 came into force on 1st January 1983.

    Naturalisation for civil partners of British citizens

    A person granted indefinite leave as a civil partner of a British citizen can apply to naturalise immediately.

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    Which children won't need to register as British citizens?

    Not all children born in 2020 will need to register as British citizens. A child born outside the UK to a British citizen, but only by descent, won't automatically receive British citizenship.

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    Switching into Student category

    You can switch into the Student category from a Short-term Student visa but not Visitor, Seasonal worker or other visa types.

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    Joining a Skilled Worker parent in the UK

    A Skilled Worker visa holder can sponsor their child (under 18) to join them in the UK under the rules for family members, which are found in Part 8 of the Immigration Rules.

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    Funding for UK Ancestry

    A person applying under the UK Ancestry route can rely on financial support from a third party, as long as it's legitimate and meets the requirements.

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    English Language exemption for Long Residence

    Applicants from specific countries, including Jamaica, South Africa, Guyana, and Dominica, are exempt from the English language requirement for Long Residence, as they are considered to have sufficient knowledge due to shared language and cultural ties.

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    Settlement for Start-up visa

    A person granted entry clearance under the Start-up route can apply for settlement after 5 years, provided they meet all other requirements.

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    Consequences of voluntary return after overstaying

    An individual who voluntarily returns to their country after overstaying their visa in the UK may face restrictions on future entry. They might be barred for a specified period. However, an application for a visit visa may still be possible, but the Immigration Officer will consider the previous overstaying.

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    Suitability requirements for French nationals working in UK

    A French national seeking to work in the UK must meet certain eligibility criteria as outlined in Appendix EU within the Immigration Rules. This appendix details specific requirements for EU nationals seeking employment in the UK.

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    Grounds for removal from the UK

    Removal is a legal process where a person is forced to leave the UK. It can be applied when someone breaches their visa conditions or when their presence is deemed detrimental to public safety.

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    Overstaying and Administrative Review

    A person who has overstayed their leave in the UK can seek an Administrative Review of the decision refusing their application. This review allows for further evidence and arguments to be presented to potentially overturn the original decision.

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    Removal vs. Deportation

    A person who is in the UK without the required leave to remain or who has breached their visa conditions can face removal. This means they will be forced to leave the UK.

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    Sade's immigration status

    Sade's leave to enter as a partner will expire in three months. This means she needs to apply for an extension before her current leave expires to avoid becoming an overstayer.

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    Joining a partner with limited leave

    A person seeking to join their partner in the UK with limited leave must meet the requirements outlined in Appendix KOLL, not Part 8 of the Immigration Rules. This appendix specifically addresses situations where a partner's leave is not indefinite.

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    Appealing a refused extension

    If a person applies for an extension of their leave and it is refused, they have the option to appeal the decision. This allows them to present further evidence and arguments to challenge the original decision.

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    Sponsoring a disabled parent: What must be proven?

    A British citizen sponsoring their disabled Egyptian father to join them in the UK must demonstrate that even with their financial and practical support, the father would not be able to get necessary care in Egypt.

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    Can a Start-Up visa holder get UK settlement?

    An individual granted entry clearance under the Start-up rules cannot qualify for settlement on this route. They are ineligible for permanent residency.

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    Can someone rely on third-party funding for UK Ancestry?

    An applicant sponsoring a relative under the UK Ancestry rules can rely on funding from a third party, as long as the financial source is legitimate and meets the requirements.

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    Which country's nationals are exempt from the English language requirement for Long Residence?

    Nationals of South Africa, among other countries, are exempt from the English language requirement for Long Residence, as they're considered to possess sufficient knowledge due to shared language and cultural ties.

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    Extending leave as a partner: What if the requirements aren't met?

    If a client does not meet the requirements of the partner rules, they cannot make a successful application to extend their leave as a partner. It is not advisable to proceed with an application that is unlikely to be successful.

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    Applicant's changed circumstances

    If an applicant's circumstances differ from what they initially told you, you must ask them to provide documents proving the differences.

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    Factor affecting 'genuine visitor'

    Immigration history impacts if you're a genuine visitor.

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    Who doesn't need TB test?

    Canadian nationals residing in Korea do not require a TB test for the Ancestry visa.

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    Adequate maintenance requirement

    Applicants must have enough income to cover their expenses, even after paying taxes and housing costs.

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    Appeal for Skilled Worker refusal

    A Skilled Worker visa refusal can be administratively reviewed, giving another chance to appeal.

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    Child joining parent with limited leave

    Children joining their parents with limited leave must meet Appendix KOLL requirements.

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    Registration for British citizenship

    Children born outside the UK to a British parent by descent may need to register as British citizens.

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    Parent of a British Citizen Visa: what is it?

    A Parent of a British Citizen visa allows a person to stay in the UK if they are the parent of a British citizen child.

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    Who can apply for a Parent of a British Citizen visa?

    To apply for a Parent of a British Citizen visa, you must be the parent of a British Citizen child. This visa can be granted if you are the child's biological parent, adoptive parent, or legal guardian.

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    What are the requirements for a Parent of a British Citizen visa?

    The Parent of a British Citizen visa application requires you to prove that you are the parent of a British citizen child and that the child lives with you in the UK. You also need to demonstrate that you can support yourself financially and will not rely on public funds.

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    What documents do I need for a Parent of a British Citizen visa?

    To apply for a Parent of a British Citizen visa, you will need to provide proof of your relationship with your child, such as a birth certificate or adoption certificate. Other documents you'll need include your passport, visa, and proof of financial means.

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    How do I apply for a Parent of a British Citizen visa?

    To apply for a Parent of a British Citizen visa, you'll need to complete an application form online, pay the application fee, and submit your documents. Once your application is received, it will be processed and a decision will be made regarding your visa.

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    When can someone apply for a Parent of a British Citizen visa?

    You can apply for an extension of your stay in the UK as a Parent of a British Citizen, but only before your current visa expires. This will allow you to continue living and working in the UK.

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    What happens after I get a Parent of a British Citizen visa?

    If you are granted a Parent of a British Citizen visa, you may be allowed to stay in the UK for a certain period of time. If you meet all the requirements, you may be eligible to apply for permanent residency in the UK.

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    What should I be aware of about the visa process?

    The UK has a strict immigration system, and obtaining a visa takes time and effort. Be prepared for the paperwork, fees, and potentially a long waiting period.

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    Study Notes

    OISC Level 1 Assessment - March 2021

    • Section 1: Multiple Choice Questions
      • Exam duration: 1 hour and 15 minutes
      • Open book exam: Materials allowed include the OISC exam resource book, published texts, and personal notes.
      • Only one correct answer per question
      • Maximum of one mark per question
      • Answers must be recorded on the answer booklet, not on the question paper.
    • Section 2: Scenario Based Questions
      • Exam duration: 1 hour and 15 minutes
      • Scenario-based questions
      • Total marks: 31 marks
      • Maximum marks for each question are in brackets, advising the expected length of answer.
      • Answers should be communicated in plain English.

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    Description

    This assessment is designed for OISC Level 1 candidates and includes a series of multiple-choice and scenario-based questions. Candidates have a total of 2 hours and 30 minutes to complete the exam, using allowed resources for reference. Clear communication in plain English is essential for answering the scenario questions.

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