OISC Level 1 Exam Resource - Nov 2024
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Questions and Answers

What is the purpose of this resource book?

The resource book is published solely to assist candidates with OISC examination and preparation for the exam.

This version of the resource book contains the law as of 8 November 2024.

True (A)

What is the recommendation for using up-to date materials on the GOV.UK website?

For any purpose other than assisting candidates with their OISC examination, you should be using up-to-date materials on the GOV.UK website.

The OISC accepts responsibility for any errors or omissions in the resource book.

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

How are Appendices to the Immigration Rules listed to aid reference?

<p>The Appendices to the Immigration Rules are listed alphabetically.</p> Signup and view all the answers

Which of the following is not included in the November 2024 edition updating note?

<p>Changes to the rules regarding the processing of asylum claims. (D)</p> Signup and view all the answers

The list of Commonwealth countries has been updated.

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

What is the main legislation referenced for this resource book?

<p>Immigration Act 1971</p> Signup and view all the answers

Which of the following sections is NOT included in Part I of the Immigration Act 1971?

<p>Deportation order (A)</p> Signup and view all the answers

What are the two conditions under which a person who is not a British citizen can be deported?

<p>The Secretary of State deems their deportation to be conducive to the public good, or another person to whose family they belong is or has been ordered to be deported.</p> Signup and view all the answers

The Secretary of State can deem deportation to be conducive to the public good even if such deportation would breach the obligations of the United Kingdom under Article 20 of the EU withdrawal agreement.

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

What are the two circumstances under which a person who is not a British citizen might be deported?

<p>The Secretary of State deems their deportation to be conducive to the public good, or they are convicted of an offence for which they are punishable with imprisonment and are recommended for deportation by a court.</p> Signup and view all the answers

A person who is not a British citizen is liable to deportation from the United Kingdom if ______ deems his deportation to be conducive to the public good.

<p>the Secretary of State</p> Signup and view all the answers

What does 'Enforcement action' refer to?

<p>The process of enforcing decisions regarding immigration status within the UK. (C)</p> Signup and view all the answers

The Immigration Act 1971 defines 'illegal working' as a specific offense.

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

When does a person commit an offense under the Immigration Act 1971 regarding illegal working?

<p>When a person subject to immigration control works knowing or having reason to believe that their immigration status prohibits them from working.</p> Signup and view all the answers

The Immigration Act 1971 outlines an offense for assisting unlawful immigration to a member State.

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

What are the three conditions that must be met for a person to be found guilty of assisting unlawful immigration to a member State?

<p>The person must intentionally facilitate a breach of immigration law by an individual who is not a national of the UK, knowing the act facilitates the breach, and knowing the individual is not a national of the UK.</p> Signup and view all the answers

What are the main parts of the British Nationality Act 1981?

<p>British Citizenship, Deprivation of Citizenship, Interpretation (A)</p> Signup and view all the answers

A person born in the United Kingdom after commencement is automatically a British citizen.

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

What are the two main ways a person born outside the UK can acquire British citizenship?

<p>By descent from a British citizen or by registration as a British citizen.</p> Signup and view all the answers

What are the requirements for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981?

<p>The applicant must have been in the UK for five years, not exceeding 450 days absent, and not exceeding 90 days absent in the last twelve months, not subject to any immigration restrictions, and must not have breached immigration laws at any point, and he must also be of good character, have sufficient knowledge of the English or Welsh language, and have sufficient knowledge about life in the United Kingdom, and he must intend to live in the UK or serve in Crown service or internationally.</p> Signup and view all the answers

The British Nationality Act 1981 defines 'settled' status as a legal term for someone who has a right of abode in the UK.

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

According to the British Nationality Act 1981, who is a child's mother?

<p>A child's mother is the woman who gives birth to the child.</p> Signup and view all the answers

Who is considered a child's father under the British Nationality Act 1981?

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

An application for naturalisation as a British citizen under section 6(2) requires the applicant to be in the UK for at least five years.

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

What is the purpose of the Immigration and Asylum Act 1999?

<p>The Immigration and Asylum Act 1999 focuses on the regulation of immigration and asylum-seeking processes in the UK, setting forth key provisions for entry, residence, and removal.</p> Signup and view all the answers

The Immigration and Asylum Act 1999 outlines a specific framework for immigration advisers and providers.

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

What is the primary purpose of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014?

<p>These rules govern the procedures and regulations for appealing decisions made by the Secretary of State regarding immigration and asylum matters, providing a structured framework for legal challenges.</p> Signup and view all the answers

The Tribunal Procedure Rules 2014 dictate that a notice of appeal must be signed by a representative unless it is not practicable.

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

What is the latest date for receiving a notice of appeal for a person outside the UK?

<p>The latest date for receiving a notice of appeal is 28 days after the person receives the notice of the decision, or 28 days after departing from the UK if they were present when the decision was made and are unable to appeal while in the UK.</p> Signup and view all the answers

What are the main categories covered by the Immigration Rules (HC395) as detailed in the index?

<p>Leave to enter or stay in the UK, Family members, Grounds for refusal, Asylum (B)</p> Signup and view all the answers

The 'Adequate' and 'Adequately' definition in the Immigration Rules refers to the ability to financially support oneself or family without requiring government assistance.

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

What does a 'Breach of immigration laws' encompass?

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

What are the two main categories of Certificate of Sponsorship under the Immigration Rules?

<p>The two main categories are electronic documents with a unique reference issued by a sponsor using the Sponsorship Management System, and records linked to a Sponsorship Reference Number given by a sponsor to an applicant through an invitation to apply.</p> Signup and view all the answers

The Immigration Rules define a 'Child' as a person who is under 18 years old.

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

What are the three main criteria for a valid 'Passport' under the Immigration Rules?

<p>The passport must be issued by a government recognized by the UK, it must show both the identity and nationality of the holder, and it must grant the holder the right to enter the issuing country.</p> Signup and view all the answers

The Immigration Rules define 'Overcrowded' exclusively based on the UK's Housing Act 1985 and its subsequent versions in other parts of the UK.

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

What are the three key components of the definition of a 'Partner' according to the Immigration Rules?

<p>A 'Partner' can be a spouse, a civil partner, or an unmarried partner who has been in a relationship similar to a marriage or civil partnership for at least two years.</p> Signup and view all the answers

Which of the following is NOT considered a 'Prohibited degree of relationship' under the Immigration Rules?

<p>First cousin (C)</p> Signup and view all the answers

The Immigration Rules define a 'Protection claim' as the same as a human rights claim.

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

Flashcards

OISC Level 1

An entry-level examination for immigration advisers in the UK.

British Nationality Act 1981

Legislation defining how British citizenship is acquired, lost or maintained.

Leave to Enter

Permission for a non-Briton to enter the UK for a specified period.

Illegal Entry

Entering the UK without valid permission or leave.

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Deception Offence

Using false information to gain entry or stay in the UK.

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Administrative Review

A procedure for reviewing a decision made on immigration applications.

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Human Rights Convention

A treaty protecting human rights; affects asylum decisions in the UK.

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Duration of Leave

The period a person is permitted to stay in the UK.

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Right of Abode

A permanent right for certain individuals to live in the UK without immigration control.

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Common Travel Area

The area comprising the UK, Ireland, Isle of Man, and Channel Islands where free movement is allowed.

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Visa National List

Countries whose citizens require a visa to enter the UK.

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Skilled Worker Visa

A visa allowing foreign nationals to work in the UK in a specific role.

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Appeal to Tribunal

The right of a person to challenge a negative immigration decision in court.

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Part 8 of Immigration Rules

Regulations concerning family members applying to stay in the UK.

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Grounds for Refusal

Reasons an application for immigration may be denied.

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Naturalisation

The process through which a foreign national can become a British citizen.

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Entry Clearance

Permission required for certain non-Britons before entering the UK.

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Refugee Convention

International treaty outlining the rights of refugees and the legal obligations of states.

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Long Residence

A route to settlement based on prolonged lawful stay in the UK.

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Tiers in Immigration

Different categories (points-based) for visas looking at skills, jobs, etc.

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Family Members Special Evidence (FM-SE)

Requirements and proof needed for family-related immigration applications.

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Cost of Immigration Applications

Fees associated with applying for visas or residency in the UK.

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Digital Nomad Visa

Allows individuals to work remotely in the UK for a specific duration.

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Client's Right to Appeal

A client's ability to challenge decisions made against their immigration applications.

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Visitor Visa Conditions

Rules and limitations placed on short-term visitors to the UK.

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EU Settled Status

The residency status granted to EU nationals in the UK post-Brexit.

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Penalty for Overstay

Consequences for individuals remaining in the UK beyond their leave.

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Tuberculosis Screening Requirement

Screening procedures for certain nationalities before entering the UK.

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Dependent Visa

Visas allowing family members of workers or students to reside in the UK.

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Immigration Enforcement

Actions taken by authorities to ensure compliance with immigration laws.

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Right of Appeal Process

Procedures for lodging appeals against immigration decisions.

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Immigration Rules Overview

Framework outlining immigration policies, rights, and obligations in the UK.

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Study Notes

OISC Level 1 Exam Resource Book - November 2024 Version

  • Purpose: This resource book aids OISC exam preparation. Official information should come from the GOV.UK website.
  • Accuracy Disclaimer: OISC is not responsible for errors or omissions.
  • Content Note: Appendices are listed alphabetically.

November 2024 Edition Updates

  • Updated Immigration Rules: Minor amendments from Statement of Changes HC217 (September 10, 2024) are included including specific paragraphs (e.g., APP VN2, APP FM1).
  • Interpretation Paragraph 6: The extract from paragraph 6 of the Immigration Rules (Interpretation) is expanded.
  • Commonwealth Countries: The list of Commonwealth countries is updated.
  • Minor Corrections: Changes to page content and some stylistic edits are also included.

Immigration Act 1971 Sections

  • Part I: Regulates entry and stay in the UK.
  • Part III: Criminal proceedings related to immigration.
  • Section 1: People with right of abode are free to enter/leave UK freely, barring restrictions required by the Act. Those without it require permission and are subject to UK control on entry/stay/departure. Those in the UK on the Act's effective date are deemed to have leave, unless exempt.
  • Section 3: Non-British citizens are deportable if deemed conducive to public good or if a family member is deported. The deportation cannot breach EU/EEA/Swiss agreements or obligations based on these agreements for some people. Deportable if convicted of an offense with imprisonment recommendation after 17 years of age.
  • Section 3C: Leave extension for variation application if the application hasn't been decided/withdrawn, while appeal is possible or administrative review is pending. Leave lapses if applicant leaves UK. Conditions can be cancelled, if applicant is deceptive.
  • Section 24: Illegal entry offenses. Includes knowing breaches of deportation orders, entering without leave, remaining beyond leave time limits. Penalties differ by criminal procedure.
  • Section 24A: Deception related to obtaining entry clearance/ETA, avoiding enforcement action. Penalties vary depending on conviction court and type.
  • Section 24B: Illegal working. Offenses occur if working while disqualified due to immigration status (e.g. lacking leave/invalid leave). Penalties depend on conviction court and type.
  • Section 25: Assisting unlawful immigration into a member state or the UK. Penalties dependent on conviction.
  • Section 25A: Assisting asylum seekers to enter the UK. Exceptions are made for organizations assisting asylum seekers without charging.
  • Section 26: General offenses related to immigration administration (e.g. refusing to submit to examination, providing false information, altering documents). Penalties vary by conviction court and type.

British Nationality Act 1981 Sections

  • Part I: British citizenship
  • Section 1: Acquisition by birth or adoption. British citizenship is granted for those born in UK (after commencement) to a parent who is either a British citizen or settled in the UK.
  • Section 2: Acquisition by descent.
  • Section 3: Acquisition by registration (minors).
  • Section 4L: Acquisition by registration (special circumstances) for adults.
  • Section 6: Acquisition by naturalization, requiring fulfillment of requirements in schedule 1.
  • Section 41A: Registration requires good character.
  • Schedule 1: Requirements for naturalization, details about residency, absence limits, language/knowledge of UK life.

Immigration and Asylum Act 1999 Section

  • Section 10: Removal of persons unlawfully in the UK. Specifies circumstances for removal, including family members.

Nationality Immigration and Asylum Act 2002 Section

  • Section 82: Right of appeal to the Tribunal for refusal of protection claims, human rights claims, revocation of protection status.

Tribunal Procedure Rules 2014

  • Rule 19: Notice of appeal requirements.

Immigration Rules (HC395)

  • Index: Details various parts and appendices covering entry clearance/leave to stay, employment, family members, grounds for refusal, procedure.
  • Paragraph 6: Defines terms like "Adequate maintenance," "Administrative review," "Adoption," "Application for asylum," "Approved sponsor," "Biometric immigration document" and many other relevant terms central to immigration rules.

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Prepare for the OISC Level 1 exam with the November 2024 resource book edition. This compilation includes updates on immigration rules and substantial information from the Immigration Act 1971. Ensure you have the most recent amendments and resources at your fingertips for effective exam preparation.

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