2015 MG OISC Q and Answers PDF

MARK SCHEME AND SAMPLE ANSWERS SECTION 1: MULTIPLE CHOICE QUESTIONS 1. The new government has pledged to do which ONE of the following? b) Repeal the Human Rights Act 1998 2. An appeal against the refusal of an application will initially be heard in the: (a) First-tier Tribunal (Immigration and...

MARK SCHEME AND SAMPLE ANSWERS SECTION 1: MULTIPLE CHOICE QUESTIONS 1. The new government has pledged to do which ONE of the following? b) Repeal the Human Rights Act 1998 2. An appeal against the refusal of an application will initially be heard in the: (a) First-tier Tribunal (Immigration and Asylum Chamber) The UKVI pages of the GOV.UK website contain the immigration rules, guidance to applicants and, separately, guidance to Home Office caseworkers. Which of the following statements most accurately reflects an adviser’s use of this material? (c) After looking at the immigration rules, it will often be useful to look at the guidance to Home Office caseworkers to see how the rules will be applied in a particular case. 4. A grant of ILR will lapse where the person has been outside the UK: (c) For a continuous period of more than two years 5. Before rejecting an application that is invalid, the Home Office should contact the applicant to give them an opportunity to correct any omission or error. This is due to: (a) Provisions in Part 1 of the immigration rules 6. In certain circumstances, a person applying for entry clearance under the partner category of Appendix FM will not need to meet the minimum gross annual income requirement. This will be where: (c) The partner is in receipt of particular disability related benefits 7. When submitting bank statements in support of the financial requirements under Appendix FM, they will need to show the closing balance: (b) At a date no earlier than 28 days before the date of application 8. A Tier 4 migrant in the UK seeking an extension of stay as the fiancé of a British citizen will be able to do so: Application Fee for Extending Stay: £1,538 Immigration Health Surcharge (IHS): £1,560 The previous financial requirement of £18,600 still applies, and As of April 11, 2024, the financial requirement for a Fiancé(e) Visa in the UK is a minimum gross annual income of £29,000. 9. On which form will a person apply for settlement under the 10-year long residence category? (d) SET(LR) the wrong form is used for an application, the Home Office is likely to : (c) Give the applicant one opportunity to remake the application on the correct form 11. Recent amendments to paragraph 6 of the Immigration (EEA) Regulations 2006 are designed to: (a) Restrict access to benefits 12. When considering whether your EEA national client is permanently resident, having spent five years in the UK, in which of the following circumstances will they have automatically broken their continuity of residence during that period: (c) They were removed from the UK under the Regulations, but returned immediately and began work 13. An EEA national will have which of the following rights under the Free Movement regime? (c) A right of admission and residence 14. A person will have continuing leave under section 3C of the Immigration Act 1971 in which of the following circumstances? (b) They make a postal application to extend their stay on the final day of their leave 15. A child born in the UK to parents who are neither British nor settled can apply to register as a British citizen when they have had how many years of residence in the UK? (c) 10 years 16. A person who uses deception in an application for leave to enter: (b) Will face an entry ban of 10 years unless applying to enter under the provisions of Appendix FM 17. The Resident Labour Market Test: (d) Requires an employer to advertise the post in the UK before offering it to a non-EEA national 18. The Home Office has in recent years sought to exercise more control over decision making under the points-based system by: (a) Introducing ‘genuineness’ criteria 19. An applicant under Tier 2 (General) will need what level of English language to score the required points? (b) Level B1 20. Will a person applying for limited leave to remain in the UK have to pay a health surcharge? (c) Yes, unless exempt under Schedule 2 of the Immigration (Health Charge) Order 2015 If a person arrived in the UK on a fiancé visa and has since married, what form will they use to apply for an extension of stay as a partner? (c) FLR(M) 2. On what date were the provisions in Appendix FM introduced? (b) 9 July 2012 3. Where are the Knowledge of Life and language in the UK requirements for ILR applications found? (a) Appendix KOLL 4. For how long should a person with leave to enter as a general visitor remain in the UK? (b) For the period stated in their visa application form or entry interview, not exceeding 6 months 5. To what extent can a general visitor study English in the UK? (c) For up to 30 days in an accredited or regulated institution 6. When considering the funds requirement for a Tier 4 visa, which of the following will NOT be a relevant consideration? (c) The fact that the student has free accommodation in the UK provided to them by a relative 7. In regard to an application for entry as a Tier 5 (Temporary worker) which of the following will NOT be a relevant consideration (b) English language The phrase “must not be leading an independent life” in the immigration rules relating to children is defined in (a) The Immigration Rules at paragraph 6 10. For an application made under the Points-based System, if a specified supporting document is provided in the wrong format but the application would otherwise be allowed, the UKVI (b) may contact the applicant to give them a limited time to provide the correct document 11. In order to regularise his or her stay in the UK, where necessary, a child who is born in the UK and who has lived here for the first ten years of its life will be advised to (d) Register as a British citizen 12. To be a ‘qualified person’ an EEA national will have to meet the definition provided in (d) Regulation 6 of the EEA(Immigration)Regulations 2006 13. A non-EEA family member will normally be entitled to join an EEA national who is in the UK who (a) Is a job-seeker (b) has an initial right to reside (c) has permanent residence (d) All of the above 14. The 42 year old non-EEA son of an EEA national who has a right to reside in the UK can join the EEA national parent in the UK under the provisions in Immigration (EEA) Regulations 2006 in which one of the following circumstances? (a) They are financially dependent on their EEA national parent 15. A non-EEA national who is in the UK in breach of UK immigration laws marries an EEA national who has a right to reside in the UK. Will the non-EEA national have a right to reside in the UK? (a) Yes - so long as the marriage is not a sham marriage 16. If you are aware that your client has been granted ILR by deception and they ask for your help to apply for naturalisation you must; (c) Not assist them, and not report them to the UKVI 17. The legal requirements for a valid application for leave to remain arein (b) Part 1 of the Immigration Rules 18. Where reference is made to ‘specified evidence’ in Appendix FM of the Immigration Rules, this is a reference to provisions in (a) Appendix FM-SE 19. Having taken instructions from your client on a partner application, it becomes apparent that, despite the fact that they work long hours, they cannot meet the financial requirements of the Immigration Rules. You will (d) Refer them to an OISC Level 2 adviser Your client’s previous grant of leave runs out whilst they are awaiting a decision on an extension application. You will advise them that (c) They will have continuing leave under provisions in the Immigration Act 1971