Podcast
Questions and Answers
What should a regulated adviser do if they want to provide immigration advice beyond their authorized Level or Category?
What should a regulated adviser do if they want to provide immigration advice beyond their authorized Level or Category?
- They can proceed as usual without permission.
- They can provide advice verbally to clients.
- They must have written permission from the Commissioner. (correct)
- They should consult with a colleague for guidance.
What is required when outsourcing work as per the regulatory scheme?
What is required when outsourcing work as per the regulatory scheme?
- Get prior written consent from the client. (correct)
- Inform the client after outsourcing is completed.
- Outsource work without restrictions.
- Obtain the client’s verbal approval.
In which scenario must a regulated adviser notify the Commissioner immediately?
In which scenario must a regulated adviser notify the Commissioner immediately?
- If they decide to stop providing advice.
- When they receive any client complaints.
- Upon any criminal charge or relevant civil proceedings. (correct)
- For any change in office location.
What should regulated advisers inform their clients about concerning legal assistance?
What should regulated advisers inform their clients about concerning legal assistance?
Which of the following is NOT a requirement for a regulated adviser under Principle 4?
Which of the following is NOT a requirement for a regulated adviser under Principle 4?
What action is required if a regulated adviser wishes to be exempted from any part of the Code of Standards?
What action is required if a regulated adviser wishes to be exempted from any part of the Code of Standards?
What is the primary purpose of the Code of Standards?
What is the primary purpose of the Code of Standards?
Which of the following individuals are included in the term 'Commissioner' as defined in the Code?
Which of the following individuals are included in the term 'Commissioner' as defined in the Code?
What constitutes a significant change that must be reported to the Commissioner?
What constitutes a significant change that must be reported to the Commissioner?
Which of the following is an obligation regarding financial inducements?
Which of the following is an obligation regarding financial inducements?
What does the Code require from advisers in relation to the nine core Principles?
What does the Code require from advisers in relation to the nine core Principles?
In exceptional circumstances, an adviser may breach a Code without breaching what?
In exceptional circumstances, an adviser may breach a Code without breaching what?
What will most likely happen if an adviser fails to meet a Code requirement?
What will most likely happen if an adviser fails to meet a Code requirement?
Why is merely adhering to the written aspects of the Principles insufficient?
Why is merely adhering to the written aspects of the Principles insufficient?
Which of the following is one of the OISC's regulatory objectives?
Which of the following is one of the OISC's regulatory objectives?
What must an adviser avoid to not breach Principle 3.3 of the Code?
What must an adviser avoid to not breach Principle 3.3 of the Code?
What must advisers obtain when providing client care?
What must advisers obtain when providing client care?
In what situation might the Commissioner determine that Principle 6 has not been breached despite a failure to meet Code 6.4?
In what situation might the Commissioner determine that Principle 6 has not been breached despite a failure to meet Code 6.4?
What may result from a serious breach of regulatory requirements?
What may result from a serious breach of regulatory requirements?
What must a professional always ensure regarding their client's interests?
What must a professional always ensure regarding their client's interests?
What is the role of Guidance Notes regarding the Principles and Codes?
What is the role of Guidance Notes regarding the Principles and Codes?
When is a professional allowed to disclose a client's confidential information?
When is a professional allowed to disclose a client's confidential information?
What must regulated organizations do when departing from the guidance?
What must regulated organizations do when departing from the guidance?
Which of the following is NOT required to be included in client care practices?
Which of the following is NOT required to be included in client care practices?
What is the primary purpose of the OISC when assessing a complaint about conduct?
What is the primary purpose of the OISC when assessing a complaint about conduct?
What will happen if a departure from the guidance does not meet the specified Code?
What will happen if a departure from the guidance does not meet the specified Code?
How long must client files and records be retained?
How long must client files and records be retained?
What does Principle 1 of the Code of Standards emphasize?
What does Principle 1 of the Code of Standards emphasize?
What is the main risk associated with departing from the guidance?
What is the main risk associated with departing from the guidance?
What must a professional do if there is a potential conflict of interest?
What must a professional do if there is a potential conflict of interest?
Which of the following is NOT a requirement under Principle 2 regarding honesty and integrity?
Which of the following is NOT a requirement under Principle 2 regarding honesty and integrity?
What should organizations document to support adherence to Principles when departing from guidance?
What should organizations document to support adherence to Principles when departing from guidance?
What should occur if a client's case is concluded?
What should occur if a client's case is concluded?
Which of the following actions should an OISC adviser take when aware of serious misconduct?
Which of the following actions should an OISC adviser take when aware of serious misconduct?
The term 'You' in the Code of Standards refers to which of the following?
The term 'You' in the Code of Standards refers to which of the following?
What is required regarding the use of the OISC logo?
What is required regarding the use of the OISC logo?
What action should be taken if the professional cannot continue working temporarily?
What action should be taken if the professional cannot continue working temporarily?
Which of the following Codes is included in Principle 1?
Which of the following Codes is included in Principle 1?
Under which circumstance should an adviser NOT conduct themselves according to the Code of Standards?
Under which circumstance should an adviser NOT conduct themselves according to the Code of Standards?
What is the implication of 'written notifications and communications' as defined in the Code?
What is the implication of 'written notifications and communications' as defined in the Code?
What is required before making any changes to the organisation's name or legal status?
What is required before making any changes to the organisation's name or legal status?
What must organizations maintain regarding their financial dealings?
What must organizations maintain regarding their financial dealings?
Which of the following is true regarding promotional statements about success rates?
Which of the following is true regarding promotional statements about success rates?
What principle emphasizes the importance of fair treatment for clients?
What principle emphasizes the importance of fair treatment for clients?
Which of the following actions is required for client records management?
Which of the following actions is required for client records management?
What should organizations do when retaining a client's original documents?
What should organizations do when retaining a client's original documents?
Which is a requirement for organizations that charge client fees?
Which is a requirement for organizations that charge client fees?
What must organizations ensure about their governance arrangements?
What must organizations ensure about their governance arrangements?
Flashcards
Code of Standards
Code of Standards
The Code of Standards is a set of rules and guidelines that all immigration advisers in the UK must follow.
Purpose of the Code of Standards
Purpose of the Code of Standards
The Code of Standards is created to ensure that immigration advice and services are provided ethically and professionally.
Applicability of the Code of Standards
Applicability of the Code of Standards
The Code of Standards applies to all organizations and individuals providing immigration advice or services in the UK.
Principles of the Code of Standards
Principles of the Code of Standards
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Specific Codes within the Code of Standards
Specific Codes within the Code of Standards
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Adhering to the Spirit of the Code
Adhering to the Spirit of the Code
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Consequences of Breaching the Code
Consequences of Breaching the Code
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Exceptional Circumstances in Code Breaches
Exceptional Circumstances in Code Breaches
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Client Care Letter
Client Care Letter
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OISC Code 6.4
OISC Code 6.4
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Accountability in Advice
Accountability in Advice
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Guidance Notes
Guidance Notes
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Departing from Guidance
Departing from Guidance
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Regulatory Action
Regulatory Action
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OISC Review Mechanisms
OISC Review Mechanisms
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Balancing Guidance and Principle
Balancing Guidance and Principle
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What is the OISC?
What is the OISC?
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What is the Code of Standards?
What is the Code of Standards?
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What are the Principles of the Code?
What are the Principles of the Code?
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What are the Codes within the Code of Standards?
What are the Codes within the Code of Standards?
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What does it mean to "Act in accordance with UK law"?
What does it mean to "Act in accordance with UK law"?
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Why is it crucial to "Not knowingly or recklessly allow clients, the Commissioner, the Home Office, the courts and tribunals and/or third-party agencies to be misled"?
Why is it crucial to "Not knowingly or recklessly allow clients, the Commissioner, the Home Office, the courts and tribunals and/or third-party agencies to be misled"?
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Why is it important to "Not abuse any judicial and/or immigration process"?
Why is it important to "Not abuse any judicial and/or immigration process"?
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Why is it important to "Behave with honesty and integrity"?
Why is it important to "Behave with honesty and integrity"?
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Can immigration advisers offer rewards for referrals?
Can immigration advisers offer rewards for referrals?
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Can non-fee charging organizations charge for advice?
Can non-fee charging organizations charge for advice?
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Are immigration advisers required to tell clients about legal aid?
Are immigration advisers required to tell clients about legal aid?
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What organizations can immigration advisers work for?
What organizations can immigration advisers work for?
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Can unauthorized people provide immigration advice?
Can unauthorized people provide immigration advice?
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Can immigration advisers work outside their authorized level?
Can immigration advisers work outside their authorized level?
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Can immigration advisers outsource work?
Can immigration advisers outsource work?
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Do immigration advisers need a complaint handling system?
Do immigration advisers need a complaint handling system?
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Maintain Confidentiality
Maintain Confidentiality
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Act in the Client's Best Interest
Act in the Client's Best Interest
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Explain Conflicts of Interest
Explain Conflicts of Interest
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Keep Clients Informed
Keep Clients Informed
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Ensure Case Continuity
Ensure Case Continuity
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Return Documents Promptly
Return Documents Promptly
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Have Arrangements in Place
Have Arrangements in Place
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Can you advertise your success rates?
Can you advertise your success rates?
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What kind of name is a no-go for an immigration adviser?
What kind of name is a no-go for an immigration adviser?
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What do you need before changing your organisation's name?
What do you need before changing your organisation's name?
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How should immigration advisers interact with everyone?
How should immigration advisers interact with everyone?
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What equality should advisers ensure for their clients’ cases?
What equality should advisers ensure for their clients’ cases?
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How should immigration advisers manage their business?
How should immigration advisers manage their business?
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What insurance is essential for immigration advisers?
What insurance is essential for immigration advisers?
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What financial records are required for immigration advisers?
What financial records are required for immigration advisers?
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Study Notes
Office of the Immigration Services Commissioner Code of Standards 2024
- The Code of Standards (Code) is made according to the Immigration and Asylum Act 1999
- The term 'Commissioner' includes the Immigration Services Commissioner, their staff, and any agent acting on their behalf
- The Code applies to organizations and individuals providing immigration advice or services in the UK, except those listed in Schedule 5, paragraph 3(3)
- The Code sets standards of conduct for regulated advisers and regulated organizations, aimed at clients
- The Code's regulatory objectives include promoting good practice for immigration advisers, setting standards for immigration advice and services, ensuring those standards are upheld
- The Code has nine core Principles derived from the OISC's regulatory objectives
- The Principles are underpinned by specific Codes; a breach of a Principle doesn't necessarily mean a breach of listed Codes, as adherence to the letter of the Codes doesn't guarantee adherence to the spirit of the Principle
- Failure to meet a Code requirement often leads to a breach of the Principle, but exceptional circumstances may exist
- Advisers are responsible for compliance with the Code and regulatory requirements
- Serious failures to meet standards could lead to regulatory action
- Guidance Notes support the application and interpretation of Principles and Codes
- Organisations can depart from guidance but must be prepared to justify and prove adherence to the Principles
- Complaints regarding conduct are assessed for breaches of Principles or individual Codes according to the OISC Complaint Scheme
- References to "the Commissioner" refer to the Immigration Services Commissioner, while "organisations" include registered organisations and advisers
- Advisers and organizations must act in accordance with UK law and not mislead clients, the commissioner, or relevant agencies
- Clients must be treated with honesty and integrity, and potential conflicts of interest must be clearly disclosed
- Clients must be informed about available legal aid options
- The provision of immigration advice and services by unauthorized personnel is prohibited
- Advisers and organisations must be adequately competent, maintain confidentiality, and act in the client's best interest
- Clear, written communication regarding potential conflicts of interest is required
- Effective client care letters are necessary
- Client records must be kept securely, accessible, and retain the original documents for a period of 6 years
- Appropriate fees must be charged, invoices issued, and client accounts managed properly
- Principles and codes aim to ensure ethical conduct for qualified immigration professionals
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