OISC Level 1 Assessment - Nov 2018
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What is Dinesh's current immigration status in the UK?

  • He is a permanent resident due to employment.
  • He is applying for British citizenship.
  • He holds a Registration Certificate that is about to expire. (correct)
  • He is on a student visa.
  • How long did Dinesh live in France after completing his studies?

  • Eight months
  • Six months
  • One year
  • Five months (correct)
  • What financial support mechanism did Dinesh utilize during his studies?

  • His father paid all his costs. (correct)
  • Adele supported him financially.
  • He took a student loan.
  • He funded himself through part-time work.
  • What potential concern do Dinesh and Adele have regarding their residency in the UK?

    <p>Changes due to Brexit. (C)</p> Signup and view all the answers

    What was the duration of Dinesh's initial stay in the UK for his Master's degree?

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

    Which essential document does Dinesh hold that is nearing its expiration?

    <p>Registration Certificate (D)</p> Signup and view all the answers

    What significant event occurred for Dinesh and Adele in August 2018?

    <p>They married (A)</p> Signup and view all the answers

    How long did Dinesh live in France after completing his Master’s degree?

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

    What financial circumstance is Adele currently experiencing?

    <p>She is financially supported by Dinesh (A)</p> Signup and view all the answers

    What concern is Dinesh and Adele experiencing due to changes in the UK?

    <p>Uncertainty surrounding Brexit (C)</p> Signup and view all the answers

    What is the maximum duration of absence that does not break the continuity of residence in the UK?

    <p>Six months (A)</p> Signup and view all the answers

    Which document is NOT required to prove residence in the UK for the last five years?

    <p>Travel tickets (D)</p> Signup and view all the answers

    What is the fee for applying for the Document Certifying Permanent Residence?

    <p>£65 (A)</p> Signup and view all the answers

    What is Dinesh's status in the UK under EEA and UK law?

    <p>His status depends on his residency and employment. (B)</p> Signup and view all the answers

    Which of the following is an example of evidence required to prove being a worker in the UK?

    <p>Letter from your employer (D)</p> Signup and view all the answers

    What is a key requirement for Dinesh to meet under EEA law?

    <p>He must show proof of continuous residence. (B)</p> Signup and view all the answers

    What form must be completed for an application for Adele to obtain a Registration Certificate?

    <p>EEA(FM) (D)</p> Signup and view all the answers

    Which document is necessary to verify Dinesh's identity and residence in the UK under EEA law?

    <p>A valid passport or ID. (C)</p> Signup and view all the answers

    Which item is NOT necessary to provide when applying for a Document Certifying Permanent Residence?

    <p>Contract of employment (B)</p> Signup and view all the answers

    Under what condition does Adele retain her right to reside in the UK?

    <p>If she is a family member of an EEA national (A)</p> Signup and view all the answers

    What document must Dinesh provide to demonstrate his studies in the UK?

    <p>An enrollment certificate from his educational institution. (B)</p> Signup and view all the answers

    Which of the following documents is NOT used to establish identity when applying for residence documentation?

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

    What information does Dinesh need to communicate about Adele's status in the UK?

    <p>She may stay based on family rights. (C)</p> Signup and view all the answers

    What must Dinesh note regarding the status of their child born in the UK?

    <p>The child may acquire British citizenship automatically. (A)</p> Signup and view all the answers

    Which of the following is NOT a specific document that Dinesh needs for his application?

    <p>A letter from a family member. (B)</p> Signup and view all the answers

    What is a potential requirement for Adele to remain in the UK?

    <p>She can stay based on her relationship with Dinesh. (A)</p> Signup and view all the answers

    What is Dinesh's immigration status under EEA law?

    <p>He has acquired a right of permanent residence. (A)</p> Signup and view all the answers

    Which of the following is a requirement Dinesh needs to meet under EEA law?

    <p>He needs to demonstrate continuous residence. (C)</p> Signup and view all the answers

    What type of documents must Dinesh provide to demonstrate his identity under EEA law?

    <p>A passport or national identity card. (D)</p> Signup and view all the answers

    What can Adele potentially use as a basis to stay in the UK?

    <p>Her relationship with Dinesh. (B)</p> Signup and view all the answers

    Which document is not needed for Dinesh to show his studies in the UK?

    <p>A reference from an employer. (C)</p> Signup and view all the answers

    What document should Adele provide to support her application to stay in the UK?

    <p>A letter of invitation from Dinesh. (B)</p> Signup and view all the answers

    Which application procedure is required for Dinesh under EEA law?

    <p>He doesn't need to submit an application for leave. (C)</p> Signup and view all the answers

    What document is necessary for demonstrating Dinesh’s employment status in the UK?

    <p>An employment contract or pay slips. (A)</p> Signup and view all the answers

    What is one of the documents Adele needs to provide to prove her right of permanent residence?

    <p>Her valid French passport/national identity card (C)</p> Signup and view all the answers

    Which document is NOT explicitly required for Adele to prove her residency status?

    <p>Proof of income (B)</p> Signup and view all the answers

    What is advised to be included to support the application despite not being a legal requirement?

    <p>Evidence of living together (B)</p> Signup and view all the answers

    If Adele's child is born in the UK, what citizenship status will the child possess?

    <p>British citizen (A)</p> Signup and view all the answers

    What will be the citizenship status of the child if it is born outside the UK?

    <p>Not born British (C)</p> Signup and view all the answers

    What additional information might be requested from Adele to establish her residency?

    <p>Letters, bills, or correspondence in joint names (D)</p> Signup and view all the answers

    How many additional marks can be awarded for the structure and readability of the letter?

    <p>2 marks (B)</p> Signup and view all the answers

    What should Dinesh do if he wants to obtain assistance with the application process?

    <p>Contact the advisor at the earliest opportunity (D)</p> Signup and view all the answers

    Flashcards

    Dinesh's Background

    Dinesh, a French national, came to the UK to pursue a Master's degree in 2012 and completed it in August 2013. He then returned to France for five months and came back to the UK in December 2013 to start his current job. He has lived in the UK since then and has a Registration Certificate that is about to expire.

    Registration Certificate

    A legal document that provides evidence of someone's right to live and work in a country. It's important to note that Dinesh's Registration Certificate is expiring.

    Adele's Situation

    Adele, a French national, married Dinesh in August 2018 in the UK. She recently left her job and is financially supported by Dinesh, with whom she shares a rented flat.

    Brexit's Impact

    The UK's withdrawal from the European Union, also known as Brexit, has raised concerns about the future of EU nationals living in the UK. Dinesh and Adele are worried about their ability to stay in the UK.

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    European Health Insurance Card

    A document issued by a European country that provides access to healthcare in other European Union countries. Dinesh had a valid European Health Insurance Card issued by France.

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    EEA Status

    The legal status of someone living in the UK under the rules of the European Economic Area (EEA). This status allows certain rights and privileges.

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    Options under EEA law

    The options available to someone under EEA law to legally remain in the UK. This could include applying for permanent residency or other immigration permits.

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    Documents for Identity & Residence

    The specific documents needed to prove identity and residency in the UK for EEA status. Examples might include a passport, birth certificate, or proof of address.

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    Documents for Studies

    Documents needed to demonstrate education in the UK for EEA status. This could include university degrees, diplomas, or certificates.

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    Documents for Employment

    Documents needed to prove employment in the UK for EEA status. This could include employment contracts, payslips, or tax returns.

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    Staying in the UK based on a relationship

    The legal basis for someone to stay in the UK based on their relationship with someone who has EEA status. This might involve applying for a family permit or derivative residency.

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    Documents for Residency

    The specific documents needed to apply for residency in the UK based on a relationship with someone who has EEA status. This could include proof of the relationship, such as a marriage certificate.

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    Child's Status

    The legal status that a child born in the UK to parents with EEA status would likely acquire. This status would allow them to remain in the UK.

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    European Health Insurance Card (EHIC)

    A document issued by a European country to its citizens, granting them access to healthcare in other EU countries.

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    Family Visa

    A legal process that allows a foreigner to stay in the UK by obtaining a certain visa based on their relationship with a British citizen or resident.

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    Brexit

    The UK leaving the European Union, which has implications for EU citizens residing in the UK, influencing their rights and status.

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    Settled status

    A legal process for EU citizens to apply for permanent residency in the UK, granting them the right to live and work there indefinitely.

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    Dinesh's EEA Residence Status

    After living in the UK for 5 years, Dinesh meets the requirements for permanent residence under EEA law. This means he doesn't need to apply for leave to remain in the UK and can live and work there permanently.

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    Effect of Dinesh's EEA Residence on UK Law

    Since Dinesh has permanent residence under EEA law, he's not bound by UK immigration rules. Therefore, his current registration certificate, which is about to expire, doesn't affect his right to stay in the UK.

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    Adele's Potential Residence Status

    Adele, as Dinesh's spouse, can apply for a 'family permit' based on Dinesh's permanent residence rights. This allows her to live in the UK with him.

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    Adele's Family Permit Application

    To apply for a family permit, Adele needs to prove her relationship with Dinesh and provide documents demonstrating her identity and financial situation.

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    Evidence for Dinesh's EEA Residence

    Dinesh has to provide evidence proving his identity, residence in the UK, studies, and employment. This documentation assures the authorities he meets EEA residency requirements.

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    Proof of Dinesh's Identity and Residence

    Dinesh's identity and residence in the UK can be verified by providing his passport, ID cards, and proof of UK address.

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    Proof of Dinesh's Studies

    Dinesh's academic records, such as his Master's degree certificate and transcripts, demonstrate his studies in the UK.

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    Proof of Dinesh's Employment

    Dinesh's employment contract or payslips, along with employer confirmation letters, can be presented as documents verifying his UK employment.

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    Permanent Residence in the UK (EEA)

    The right to live permanently in the UK, granted to EEA nationals who have resided continuously for five years.

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    Document Certifying Permanent Residence

    A document proving an EEA national's right to reside permanently in the UK.

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    Continuous Residence

    A period of living in the UK without interruption, except for permitted short absences.

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    Qualified Person (EEA)

    A person who has the right to live and work in the UK under EU law.

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    Registration Certificate (EEA Family Member)

    A document confirming a person's right to live and work in the UK as a family member of an EEA national with permanent residence.

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    Extended Right of Residence (EEA Family Member)

    The right to live in the UK extended to family members of EEA nationals with permanent residence.

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    Master's degree certificate

    A document proving the completion of a Master's Degree.

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    Statement of Sufficient Financial Resources

    A document showing proof of financial resources sufficient for studies.

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    Who is Adele?

    A French national who is married to Dinesh and is pregnant. She is relying on Dinesh's right to permanent residence in the UK to gain her own right to stay.

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    What is Dinesh's right of permanent residence?

    Dinesh's legal right to live permanently in the UK. It is important for Adele's ability to stay in the UK as Dinesh's wife.

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    What is a marriage certificate?

    A document that proves a person's marriage in a legal sense. It's a key document for Adele to establish her right to stay in the UK.

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    What is evidence of living together?

    Evidence that Dinesh and Adele live together as a couple. It can be documentation like shared bills, correspondence, or letters sent to their shared address.

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    What is the status of a child born in the UK to a parent with right of permanent residence?

    The status a child born in the UK acquires if at least one parent has a right of permanent residence. It makes the child a British citizen automatically.

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    What is the British Nationality Act 1981 (BNA 1981)?

    The legal principle that grants a child automatic citizenship if born in the UK, provided one parent is a settled resident. This applies to Adele's child, as Dinesh is considered settled.

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    What is the status of a child born outside the UK to a parent with right of permanent residence?

    A child born outside the UK does not automatically get British citizenship even if a parent has right of permanent residence. Additional criteria may apply.

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    Study Notes

    OISC Level 1 Assessment - November 2018

    • Scenario-Based Questions: This section comprises scenario-based questions.
    • Time Limit: 1 hour and 15 minutes are allotted for completing this section.
    • Total Marks: The total marks available for the section are 30.
    • Question Structure: Maximum marks for each question are indicated, with a breakdown of marks within each question provided. This may be used as a guide for answer length.

    Question 1: Scenario-Based Advice

    • Applicant Profile: Dinesh, a 29-year-old French national, has worked as a banker in the UK since January 2014. He married Adele in August 2018.

    • Dinesh's History in the UK: Dinesh first came to the UK in October 2012 to pursue a master's degree, completed in August 2013, with his father paying all expenses. He returned to France for five months before resuming his job in the UK.

    • Adele: Adele is also a 26-year-old French national, living with Dinesh in a rented one-bedroom flat. She is financially supported by Dinesh.

    • Advice Required: Dinesh and Adele are worried about Brexit and require advice on their UK residency status.

    • Key Areas of Advice: The letter of advice should explain:

      • Dinesh's legal status under EEA and UK law (2 marks)
      • His options available under EEA law including the necessary requirements and procedures (5 marks)
      • Evidence required for his identity and residence in the UK under EEA law (4 marks)
      • Evidence required for demonstrating his studies in the UK (4 marks)
      • Evidence required for demonstrating employment in the UK (3 marks)
      • Adele's potential UK residency options and supporting documents required. (3 marks, 4 marks)
    • Additional Marks: 2 additional marks are available for the letter's structure and readability.

    Question 2: Scenario-Based Advice (Follow-up Question)

    • Clarification Request: After Dinesh receives legal advice, he calls to inquire about the UK immigration status of their child, due to be born early next year.
    • Advice Required: Explain the child's immigration status, including whether birth in the UK would confer British citizenship or other rights. (3 marks)

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    Description

    Test your understanding of immigration scenario-based questions relevant for the OISC Level 1 assessment. This quiz examines applicant profiles, legal histories, and provides an insight into proper advice in immigration contexts. Time management is key as you have 1 hour and 15 minutes to complete it.

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