OISC Level 1 Exam Prep

OISC Level 1 Exam Resource Book - Key Information

• Resource Book Purpose: Primarily for OISC exam preparation. Official updates on GOV.UK should be used for other purposes. The OISC is not liable for errors.
• Content Updates: The book was updated on November 8, 2024, incorporating amendments from a Statement of Changes (HC217) dated September 10, 2024. Specific amended paragraphs are listed.
• Commonwealth Countries: The list of Commonwealth countries has been updated.
• Appendices: Appendices to the Immigration Rules are organized alphabetically.

Immigration Act 1971 - Key Sections

• Part I: Regulates entry and stay in the UK. Includes provisions relating to general principles, right of abode, deportation, and criminal proceedings related to immigration.
• Section 1: All those with a right of abode in the UK can freely live there. Those without this right need permission. Departure from the common travel area (UK, Channel Islands, Isle of Man, and Ireland) is exempt from certain controls (unless specifically excluded). Persons can enter for employment, study, or as visitors.
• Section 3(5): Non-British citizens are deportable if their deportation is in the public good, or if a family member has been deported. Specific exclusions exist.
• Section 3(6): Non-British citizens are deportable if convicted of an offense, punishable by imprisonment, and recommended for deportation by a capable court. Specific exclusions exist.
• Section 3C: Leave to remain may be extended while variation of leave is pending, and if an appeal is possible or an administrative review is pending. Leave lapses if the applicant leaves the UK. Leave can be cancelled for non-compliance or deception.
• Section 24 (Illegal Entry): Offenses include illegal entry, remaining beyond permitted time, and absence of valid entry clearance. Penalties vary by offense and location (England & Wales, Scotland, Northern Ireland). Presumptions exist for certain offenses.
• Section 24A (Deception): Illegal if obtaining or trying to obtain leave to enter/remain, an ETA or preventing enforcement action in the UK, using deception. Penalties vary.
• Section 24B (Illegal Working): Committing an offence if working while immigration status disqualifies, and knows or reasonably believes they are disqualified. Disqualification occurs if no leave, leave is invalid, leave has ceased, or leave has conditions prohibiting work. Penalties vary.
• Section 25 (Assisting Unlawful Immigration): Committing an offenses if facilitating unlawful entry into UK or a member state.
• Section 25A (Helping Asylum Seekers): Facilitating arrival or attempted arrival in the UK (knowingly) by helping asylum seekers. Exempts organizations assisting asylum seekers and not charging.
• Section 26 (General Offences): General offences related to immigration administration, including refusal to submit to examination, providing false information, altering documents, not completing cards, or obstructing immigration officers.

British Nationality Act 1981 - Key Sections

• Part I (British Citizenship): Deals with acquisition of British citizenship through birth, descent and registration.
• Section 1: Acquiring citizenship by birth in the UK or qualifying territory (e.g., Channel Islands). For example, if the parent is a British citizen, settled in the UK, or a member of the armed forces.
• Section 2: Acquiring citizenship via descent for those born outside the designated areas.
• Section 3: Registration for minors (under 18) to obtain citizenship. The parent of the child must meet certain requirements.
• Section 4L: Registering as a citizen in special circumstances (e.g., historical discrimination).
• Section 6: Naturalization as a British citizen. Requirements are specified in Schedule 1.
• Section 41A: Good character is required for any registration.
• Schedule 1: Rules for becoming a British citizen by naturalization. Including factors like time spent in the UK, language knowledge and intentions.
• Section 50: Defines key terms relevant to the Act.

Immigration and Asylum Act 1999 - Key Section

• Section 10 (Removal of Persons Unlawfully in the UK): Specifies the grounds for removal from the UK, and when family members can be removed in relation to an applicant. Factors to consider include leave to remain, specific family relationships, and the basis of the granting of leave.

Nationality, Immigration and Asylum Act 2002 - Key Section

• Section 82 (Appeals): Provides a right of appeal for people with protection or human rights claims. Addresses what 'protection claims' are, and how a claim is deemed refused, and the terms of appeal availability.

Tribunal Procedure Rules 2014 - Key Section

• Rule 19 (Notice of Appeal): Time limits for submitting an appeal to the Tribunal, vary based if the appellant is in or outside the UK.

Immigration Rules (HC395) - Key Information

• Structure: Provides guidelines for different immigration categories. Includes: Leave to stay; Employment; Self-Employment; Points-based system and other categories; Family members; Grounds for refusal; Asylum; Procedure and appeals; Deportation; Stateless persons, and various appendices.
• Interpretation Paragraph 6: Describes the rules' application, defines terms like "adequate maintenance," "administrative review," and "adoption."