OISC Preguntas 2021 PDF

**ANO 2021** **Section 1: Multiple Choice Questions** 1. **The Immigration Rules can also be referred to as\ **Answer: (b) HC 395 2. **Your client, a German national, wants to come to the UK to work for a company as a PR assistant. He has not lived and worked in the UK before. Where...

**ANO 2021** **Section 1: Multiple Choice Questions** 1. **The Immigration Rules can also be referred to as\ **Answer: (b) HC 395 2. **Your client, a German national, wants to come to the UK to work for a company as a PR assistant. He has not lived and worked in the UK before. Where will you look to see if he can qualify for entry clearance?\ **Answer: (c) In Appendix Skilled Worker 3. **What level of English language is required for an applicant seeking to come to the UK on the Start-Up route?\ **Answer: (d) B2 4. **Your client, a non-EEA national, wants to apply for entry clearance to come to the UK to study a degree. They will need to score points for the Study requirement. Which one of the following requirements will they not need to meet?\ **Answer: (c) Have a valid Certificate of Sponsorship 5. **Your client, a non-EEA national, has leave to enter as a Tier 4 Student. She has completed her degree and wants to apply for leave to remain under the Skilled Worker route. What will be the relevant financial requirement?\ **Answer: (a) There is no financial requirement 6. **You can switch into the (Temporary Worker) Religious Worker from which of the following?\ **Answer: (d) None of the above 7. **Your client, a Nigerian national, aged 30, wants to come to the UK under the Ancestry rules. His grandmother was born in the UK. What will be the relevant financial requirement?\ **Answer: (b) The client must be able to maintain themselves adequately in the UK without recourse to public funds 8. **For a non-EEA national who seeks to demonstrate they have had 10 years continuous lawful residence in the UK, they will need to meet the continuity of residence requirements which can be found in\ **Answer: (c) Paragraph 276A, Immigration Rules 9. **In addition to the Suitability criteria in Appendix FM, an applicant for entry clearance as an adult dependent relative will need to consider\ **Answer: (a) Paragraph 9.82 (a) and (c) of the general grounds of refusal in Part 9 of the Rules 10. **Your client wants you to make an application to extend his leave as a partner. However, having taken instructions, you note that although the client meets the requirements of the partner rules, his current leave has expired on the day of your meeting. How will you advise him?\ **Answer: (b) You can help him make an application within 14 days, but he must provide a good reason beyond their control as to why the application could not be made in time 11. **Your client, a non-EEA national, wants to join her British partner in the UK. Her husband has been working part-time over the last year, earning a gross annual income of £16,900. He has some savings. How much in cash savings will your client require to meet the financial requirements?\ **Answer: (c) £20,250 12. **Your client, a Jamaican national, aged 29, wants to apply to extend her leave under the partner rules. She seeks your advice on the English language requirements. She does not have a degree and has not sat a language test. You inform your client that\ **Answer: (a) She will meet the English language requirement because she is a national of a majority English-speaking country 13. **An EEA national, who had been continuously residing and working in the UK for 5 years, will be able to continue their residence in the UK after 31 December 2020 if they applied for and were granted\ **Answer: (c) Settled status 14. **Your client's application for pre-settled status under Appendix EU has been refused because the Home Office considers they do not meet the eligibility requirements. How will you advise them?\ **Answer: (b) They can seek an Administrative Review of the decision 15. **Your client, a non-EEA national, has recently been granted indefinite leave to enter as a parent of a child in the UK. When can they apply for naturalisation?\ **Answer: (c) In one year 16. **Which of the following children (born in 2018) will not be able to register as a British citizen under the British Nationality Act 1981 in any circumstances?\ **Answer: (a) A child born outside the UK to a parent who is a British citizen by descent 17. **Your client, a non-EEA national, left the UK one year ago after he was granted Indefinite Leave to Remain (ILR) to look after his father's business. He now wants to return to live in the UK permanently. You advise your client that he\ **Answer: (b) Can return to the UK and resume his residence without applying for a visa 18. **Who of the following will need a TB test certificate in order to apply for entry clearance?\ **Answer: (c) A US national resident in Nepal applying to come to the UK as a skilled worker 19. **Your client, who has indefinite leave to remain, wants to sponsor his son (a Pakistani national, aged 15) to join him in the UK. His son has been living with his aunt and uncle in Karachi since his mother passed away. Which of the following is the best answer?\ **Answer: (a) His son may qualify under the rules if the client can show he has sole responsibility for him 20. **Your client is applying for indefinite leave to remain as a parent of a child in the UK. Where in the rules would you look to find out if she meets the Knowledge of language and life requirements?\ **Answer: (d) In Appendix KOLL **Scenario 1: Vivaan\'s Visit Visa Application** **Scenario Overview:\ Vivaan, a Sri Lankan national, wishes to attend his daughter Sachini\'s wedding in the UK. He plans to apply for a visit visa. Vivaan has sufficient income, owns a grocery store and property, and previously complied with immigration rules during a visit two years ago.** **Question 1: Write a letter of advice to Vivaan addressing the following matters.** 1. **Application Vivaan may be able to make:\ Vivaan should apply for a standard visit visa to attend his daughter\'s wedding.** 2. **Requirements he will need to meet in this category:** - Prove he will leave the UK at the end of his visit. - Show no intent to live in the UK or make frequent extended visits. - Demonstrate his visit is for genuine purposes (the wedding). - Not engage in prohibited activities, such as working in the UK. - Have sufficient funds to cover his expenses without public funds. - Confirm that his daughter can provide adequate accommodation during his stay. - Meet the suitability criteria (e.g., no criminal convictions or previous immigration breaches). 3. **Matters for and against Vivaan meeting the requirements:** - For: Vivaan previously complied with UK immigration rules, has ties to Sri Lanka (business and property), and can self-fund his trip. - Against: His daughter's one-bedroom flat might need additional evidence (e.g., overcrowding standards). 4. **Documents required to support the application:** - Vivaan's passport. - Sachini's passport and birth certificate. - Marriage certificate and wife's death certificate. - Letter explaining the purpose of the visit. - Evidence of Sachini's ability to accommodate Vivaan (e.g., tenancy agreement, property inspection report). - Financial evidence (bank statements, proof of property ownership). - Evidence of wedding arrangements. 5. **Procedure for making the application:** - Complete the application online. - Pay the visa fee (£95). - Schedule an appointment at the Visa Application Centre for biometrics. - Submit required documents online and attend the appointment. **Question 2: Vivaan asks whether he needs to pay the Immigration Health Charge (IHS).** **Answer:\ **Vivaan does not need to pay the IHS as he is applying for a standard visit visa and his stay will not exceed six months. However, he will need to pay for any health services he uses while in the UK. **Model Letter** **Name\ Address\ Our Ref:** **Date** **Dear Vivaan,** **Your Visit Application** **Thank you for coming to see me yesterday to discuss your immigration case. Here is the advice letter I said I would send you. Let me also offer my condolences on the passing away of your wife.** **Your instructions\ **Not required for this exercise. **Our advice** As I explained at our meeting, I can help you apply for a standard visit visa to enable you to come to the UK to attend your daughter's wedding. Below are the requirements, documents needed, merits of the application, and the process for applying. **Requirements for a visit visa** **To succeed, you must satisfy the entry clearance officer that:** - You will leave the UK at the end of your visit (maximum stay of 6 months). - You will not live in the UK for extended periods or make it your main home. - You are genuinely seeking entry to attend your daughter's wedding. - You will not undertake prohibited activities (e.g., work) during your stay. - You have sufficient funds to cover your expenses without public funds. - The funds used are held in an approved financial institution. - Your daughter can provide adequate accommodation during your stay. - You meet suitability requirements (e.g., no criminal convictions, immigration breaches, or NHS debts). **Merits of the application** **On any reasonable view, you meet the above requirements:** - You have a genuine intention to visit and return home. - You have previously complied with immigration rules. - You have strong ties to Sri Lanka (business, property). - Your daughter, a British citizen, will host you in her flat.\ We must confirm her flat meets accommodation standards, but that should not be an issue. While I expect your visa to be granted, I cannot guarantee this. If refused, I will arrange for you to meet a senior advisor to discuss further options. **Documents to submit** **To demonstrate you meet the requirements, please provide:** - Your passport. - Sachini's passport and birth certificate. - Marriage certificate and wife's death certificate. - A letter from you explaining the purpose of your visit and any relevant background. - A letter from Sachini detailing: - Her immigration history and employment. - The purpose and date of the wedding. - Confirmation of your relationship, her ability to accommodate/support you, and that you returned to Sri Lanka after your last visit. - Evidence of wedding arrangements. - Bank statements (6 months) showing your business income. - Proof of property ownership in Sri Lanka. - Rental agreements with your tenants. - Sachini's tenancy agreement and a property inspection report (if necessary). **Application process** **I will complete your application online and may ask for additional details via email.** 1. Pay the visa fee (£95). 2. Submit the application and schedule a biometrics appointment at the Visa Application Centre. 3. Upload scans of your documents. 4. Attend your appointment for biometrics (face and fingerprints scan). 5. Await the decision from the Home Office. **Next steps\ **Please send me the required documents as soon as possible so I can start the application. If you have any questions, contact me by phone or email. Yours sincerely,**\ An Advisor** **======================================================================ANO 2021** **Section 1: Multiple Choice Questions** 1. **A child who seeks to enter the UK to join a parent who has limited leave as a partner will need to meet the requirements in:\ **Answer: (d) Appendix FM of the Immigration Rules 2. **Your client, a French national, has been living and working in the UK for two years. They want to know whether they have permission to remain in the UK. You will advise them:\ **Answer: (a) They can remain in the UK but must apply for limited leave to remain (pre-settled status) under the EU Settlement Scheme 3. **On what date did the British Nationality Act 1981 come into force?\ **Answer: (c) 1st January 1983 4. **Your client has been granted indefinite leave to remain as the civil partner of a British citizen. You advise your client that she can apply to naturalise:\ **Answer: (d) Immediately 5. **Which of the following children (born in 2020) will not have to register as a British citizen under the British Nationality Act 1981?\ **Answer: (b) A child born outside the UK whose parent is a British citizen otherwise by descent 6. **You can switch into the Student category from which of the following?\ **Answer: (d) None of the above 7. **What is the financial requirement for a T5 (Temporary Worker) Religious Worker visa?\ **Answer: (c) £1270 8. **Your client, who is an Indian national, has been granted permission to stay in the UK as a Skilled Worker. He wants to apply for his 15-year-old daughter to join him in the UK. How can they do this?\ **Answer: (b) Under Appendix Skilled Worker 9. **Your client, who is a British citizen, would like his father to join him in the UK. His father (an Egyptian national, aged 70) lives in Cairo, Egypt, alone. He is disabled and requires substantial assistance with his daily tasks. How will you advise your client?\ **Answer: (c) Your client must show that even with his practical and financial help, his father would not be able to obtain the required care in Egypt 10. **Your client wants to sponsor a relative to come to the UK under the UK Ancestry rules. They want to provide help with living expenses. You will advise him that an applicant under the UK Ancestry rules:\ **Answer: (d) Can rely on third-party funding as provided for in the Immigration Rules 11. **Your client has been granted entry clearance under the Start-Up rules. Subject to meeting the other requirements, when can they qualify for settlement on this route?\ **Answer: (d) They cannot qualify for settlement 12. **For the purpose of an application under the Long Residence rules, nationals of which of the following countries will not, solely for that reason, meet the English language requirement of Knowledge of Language and Life (KOLL)?\ **Answer: (b) South Africa 13. **Your client wants you to make an application to extend his leave as a partner. However, having taken instructions, you note that the client does not meet the requirements of the partner rules. How will you advise him?\ **Answer: (c) As a Level 1 advisor, you cannot advise him in these circumstances, and you will refer him to an adviser authorised at Level 2 or 3 14. **Which one of the following will be taken into account by an Entry Clearance Officer when considering the 'genuine visitor' requirement under the Standard Visitor rules?\ **Answer: (d) All of the above 15. **Who of the following will not need a TB test certificate in order to apply for entry clearance?\ **Answer: (c) A South African national long-term resident in New Zealand applying to come to the UK as a partner 16. **When considering the 'adequate maintenance' requirement under the Rules, the applicant will need to show:\ **Answer: (c) That the family's income after paying tax, national insurance, and housing costs is at least equal to the level of income that would be available to them if they were in receipt of income support 17. **Your client's application for entry clearance as a Skilled Worker has been refused because the Home Office considers they do not meet the eligibility requirements. How will you advise them?\ **Answer: (c) They can seek an Administrative Review of the decision 18. **Your client has recently voluntarily returned to her country three weeks after overstaying her leave in the UK. She now wants to apply to visit the UK. You advise your client that:\ **Answer: (b) She can apply to visit the UK, but the Entry Clearance Officer is likely to take her previous overstaying in the UK into account when they assess her application 19. **On what ground can a person face removal (as opposed to deportation) from the UK?\ **Answer: (a) Where they require leave but do not have it 20. **A French national seeking to come to the UK for the first time to work will need to meet the Suitability requirements in:\ **Answer: (a) Part 9 of the Immigration Rules **Scenario Overview** **Sade, a Nigerian national, lives in the UK with her British daughter after divorcing her British husband. Her leave as a partner will expire in three months, and she seeks advice on how she can stay in the UK.** **Question 1: Write a letter of advice to Sade, explaining:** 1. How she may be able to stay in the UK:\ Sade can apply for leave to remain as the Parent of a British Citizen child under Appendix FM. 2. **The requirements she will need to meet:\ Sade must show that:** - Her current leave was granted for more than 6 months. - Her daughter is under 18, British, and living in the UK. - The child normally lives with her and not her ex-husband. - She is actively involved in her daughter\'s upbringing and plans to continue doing so. - She has adequate accommodation (her one-bedroom flat is sufficient). - She can support herself and her daughter without recourse to public funds. - She meets the English language requirement (Level A2). - She meets the suitability criteria (no criminal convictions, immigration breaches, or NHS debts). 3. **The documents she will need to provide to support the application:** - Her passport and BRP. - Her daughter\'s passport and birth certificate. - Her ex-husband's passport. - A letter from her and her ex-husband confirming their relationship has ended and details of the child's living arrangements. - The decree absolute. - The child arrangements order. - Proof of active involvement in her daughter\'s life, such as: - School letters confirming her as the parent. - Financial evidence of child-related expenses. - Photos with her daughter. - Payslips and bank statements (6 months). - A letter from her employer confirming her job and income. - Tenancy agreement or property inspection report (if the tenancy agreement does not detail the property size). 4. **The procedure for making the application:** - Submit the application online using form FLR(FP). - Pay the application fee (£1033.00) and NHS charge (£1560). - Book a UKVCAS appointment to enroll biometrics and upload the supporting documents. - Ensure the application is submitted before her current leave expires. **Total Marks Available: 28** **Question 2: After making the application, but before receiving a decision, Sade tells you that she has lost her job. She asks if the Home Office needs to know this. How will you advise her?** **Answer:** - Sade must inform the Home Office about her job loss to avoid being accused of deception. - Advise her that the application will now be more complex as she must demonstrate adequate maintenance despite the loss of income. - Refer her to a Level 2 advisor for specialized assistance. **Scenario-Based Questions and Answers (Detailed)** - **Sade's Situation:\ Sade is a 40-year-old Nigerian national who moved to the UK to live with her British husband. They are now divorced, and she has primary custody of their 12-year-old British daughter.** - Her leave to remain as a partner will expire in three months. - She lives in a one-bedroom flat and earns £19,600/year as a part-time administrative assistant. - She takes an active role in her daughter\'s upbringing. - Sade is seeking advice on how to stay in the UK. **Question 1: Write a Letter of Advice** **Name\ Address\ Our Ref:\ Date:** **Dear Sade,** Your Parent Application Thank you for coming to see me yesterday to discuss your immigration case. Here is the advice letter that I said I would send you. **Our Advice** Since you are now divorced from your British husband, you can apply for leave to remain as a Parent of a British Citizen child. This application must be made before your current leave expires. Below, I have outlined the requirements, documents you will need, and the process. 1\. Requirements of the Parent Application **To be successful, you must show that:** 1. Your current leave was granted for more than 6 months. 2. Your daughter: - Is under 18 years old. - Is British and living in the UK. - Normally resides with you, not with her father. 3. Your former partner is British. 4. You are actively involved in your daughter's upbringing and plan to continue doing so. 5. You have adequate accommodation (your one-bedroom flat is sufficient). 6. You can support yourself and your daughter without needing public funds. 7. You meet the English language requirement (A2 level). 8. You meet the suitability criteria (no criminal convictions, immigration breaches, or NHS debts). Based on what you've shared, you meet these requirements, and this should be a straightforward application. **2. Documents to Support Your Application** **Please provide the following:** - Identity Documents: - Your passport and BRP. - Your daughter's passport and birth certificate. - Your ex-husband's passport**.** - **Proof of Relationship and Custody:** - A letter from you and your ex-husband confirming: - Your relationship has ended. - Living and care arrangements for your daughter. - Decree absolute. - Child arrangements order. - **Proof of Active Involvement in Your Daughter's Life:** - School letters identifying you as her parent. - Financial records of expenses for your daughter. - Photos with your daughter. - **Financial Evidence:** - Recent payslips and bank statements (ideally 6 months). - Letter from your employer confirming your job and income. - **Accommodation Details:** - Your tenancy agreement. - Property inspection report (if the tenancy agreement does not include property size). **3. Application Process** 1. I will complete your application online using form FLR(FP). 2. Pay the application fee (£1033.00) and the Immigration Health Surcharge (NHS charge of £1560) online. 3. Schedule an appointment at a UKVCAS service point to enroll your biometrics (face and fingerprints). 4. Upload scans of all supporting documents. 5. Submit your application no later than the last day of your current leave. **Next Steps** Please send me the required documents as soon as possible. If you have any questions, feel free to contact me. Yours sincerely,\ An Advisor **Total Marks Available for Question 1: 28** **Question 2: After Losing Her Job** **Sade asks if the Home Office needs to know about her job loss before the decision is made.** **Model Answer:** - Inform the Home Office: Sade must inform the Home Office of her job loss to avoid allegations of deception. - Complex Application: Losing her job makes the financial aspect of her application more complicated. She must now demonstrate how she can continue supporting herself and her daughter without public funds. - Referral: Refer Sade to a Level 2 advisor for assistance with handling this change in circumstances. **2021** **Section 1: Multiple Choice Questions** 1. **The Immigration Rules can also be referred to as:\ **Answer: (b) HC 395 2. **Your client, a German national, wants to come to the UK to work for a company as a PR assistant. He has not lived and worked in the UK before. Where will you look to see if he can qualify for entry clearance?\ **Answer: (c) In Appendix Skilled Worker 3. **What level of English language is required for an applicant seeking to come to the UK on the Start-Up route?\ **Answer: (d) B2 4. **Your client, a non-EEA national, wants to apply for entry clearance to study a degree in the UK. Which one of the following requirements will they not need to meet?\ **Answer: (c) Have a valid Certificate of Sponsorship 5. **Your client, a non-EEA national, has leave to enter as a Tier 4 Student. She has completed her degree and wants to apply for leave to remain under the Skilled Worker route. What will be the relevant financial requirement?\ **Answer: (a) There is no financial requirement 6. **You can switch into the (Temporary Worker) Religious Worker from which of the following?\ **Answer: (d) None of the above 7. **Your client, a Nigerian national, aged 30, wants to come to the UK under the Ancestry rules. His grandmother was born in the UK. What will be the relevant financial requirement?\ **Answer: (b) The client must be able to maintain themselves adequately in the UK without recourse to public funds 8. **For a non-EEA national who seeks to demonstrate they have had 10 years continuous lawful residence in the UK, they will need to meet the continuity of residence requirements, which can be found in:\ **Answer: (c) Paragraph 276A, Immigration Rules 9. **In addition to the Suitability criteria in Appendix FM, an applicant for entry clearance as an adult dependent relative will need to consider:\ **Answer: (a) Paragraph 9.82 (a) and (c) of the general grounds of refusal in Part 9 of the Rules 10. **Your client wants you to make an application to extend his leave as a partner. However, his current leave has expired on the day of your meeting. How will you advise him?\ **Answer: (b) You can help him make an application within 14 days, but he must provide a good reason beyond his control as to why the application could not be made in time 11. **Your client, a non-EEA national, wants to join her British partner in the UK. Her husband has been working part-time over the last year, earning a gross annual income of £16,900. He has some savings. How much in cash savings will your client require to meet the financial requirements?\ **Answer: (c) £20,250 12. **Your client, a Jamaican national, aged 29, wants to apply to extend her leave under the partner rules. She does not have a degree and has not sat a language test. You inform your client that:\ **Answer: (a) She will meet the English language requirement because she is a national of a majority English-speaking country 13. **An EEA national, who had been continuously residing and working in the UK for 5 years, will be able to continue their residence in the UK after 31 December 2020 if they applied for and were granted:\ **Answer: (c) Settled status 14. **Your client's application for pre-settled status under Appendix EU has been refused because the Home Office considers they do not meet the eligibility requirements. How will you advise them?\ **Answer: (b) They can seek an Administrative Review of the decision 15. **Your client, a non-EEA national, has recently been granted indefinite leave to enter as a parent of a child in the UK. When can they apply for naturalisation?\ **Answer: (c) In one year 16. **Which of the following children (born in 2018) will not be able to register as a British citizen under the British Nationality Act 1981 in any circumstances?\ **Answer: (a) A child born outside the UK to a parent who is a British citizen by descent 17. **Your client, a non-EEA national, left the UK one year ago after being granted Indefinite Leave to Remain (ILR). He now wants to return to live in the UK permanently. You advise your client that he:\ **Answer: (b) Can return to the UK and resume his residence without applying for a visa 18. **Who of the following will need a TB test certificate in order to apply for entry clearance?\ **Answer: (c) A US national resident in Nepal applying to come to the UK as a skilled worker 19. **Your client, who has indefinite leave to remain, wants to sponsor his son (a Pakistani national, aged 15) to join him in the UK. His son has been living with his aunt and uncle in Karachi since his mother passed away. Which of the following is the best answer?\ **Answer: (a) His son may qualify under the rules if the client can show he has sole responsibility for him 20. **Your client is applying for indefinite leave to remain as a parent of a child in the UK. Where in the rules would you look to find out if she meets the Knowledge of language and life requirements?\ **Answer: (d) In Appendix KOLL **Document: 11-2018 OISC Sample Competence Assessment Paper** **Question 1:** **Write a letter of advice to Dinesh, explaining:** 1. His status in the UK under EEA and UK law (2 marks). 2. His options under EEA law, including any requirements and application procedures (5 marks). 3. **Specific documents Dinesh needs to provide to demonstrate:** - Identity and residence in the UK under EEA law (4 marks). - Studies in the UK (4 marks). - Employment in the UK (3 marks). 4. **Basis upon which Adele may stay in the UK and the application procedure (3 marks).** 5. **Specific documents Adele will need to provide (4 marks).** **Answer:\ **Details on permanent residence status, applicable application forms, and evidence requirements such as utility bills, employment contracts, marriage certificates, and financial documents are specified. Adele can apply under family member rights provided by EEA law. **Question 2:** **What status will Dinesh\'s child have under UK law if born in the UK? (3 marks).** Answer:\ The child will be a British citizen if born in the UK because Dinesh has a right of permanent residence, considered \"settled\" under the British Nationality Act 1981. **Document: 01-2018 OISC Level 1 Assessment Sample Paper** **Section 1: Multiple Choice Questions** 1. **For \"adequate maintenance,\" what deductions are required?\ **Answer: Income tax, national insurance contributions, and housing costs. 2. **The Immigration Act 1971 is:\ **Answer: Primary legislation. 3. **Administrative Review is not available under:\ **Answer: Visit visa rules. 4. **A child joining a settled parent fails to meet rules if:\ **Answer: The sponsoring parent's partner must show a minimum income requirement of £22,400. **Section 2: Scenario-Based Questions** **Question 1: Write a letter of advice to Maria, explaining:** 1. How she may settle in the UK with Lucas (2 marks). 2. Facts they need to demonstrate (8 marks). 3. Documents required to support the application (10 marks). 4. Procedure for making the application (4 marks). 5. How they can marry in the UK (2 marks). **Answer:\ **Maria can apply as a fiancée under the Partner route, needing proof of relationship, Lucas' income (£18,600+), and accommodation. Documents include passports, evidence of contact, wedding arrangements, and English proficiency certification. Applications are submitted online with a biometric appointment. **Question 2: Will Maria be granted a settlement visa in the UK, and what steps are required? (2 marks).** **Answer:\ **Maria will receive 6-month entry clearance as a fiancée. After marrying, she can transition to the Partner route, qualifying for Indefinite Leave to Remain (ILR) after 5 years (60 months) of continuous leave. **Document: 11-2018 OISC Sample Competence Assessment Paper** **Question 1:\ Write a letter of advice to Dinesh, explaining:** 1. **His status in the UK under EEA and UK law.** 2. **His options under EEA law, including requirements and application procedures.** 3. **Specific documents Dinesh needs to provide to demonstrate:** - **Identity and residence in the UK under EEA law.** - **Studies in the UK.** - **Employment in the UK.** 4. **The basis upon which Adele may stay in the UK and the application procedure.** 5. **Specific documents Adele will need to provide.** Answer: - Dinesh has a right of permanent residence under EEA law and does not require leave under UK law. - He may apply for a Document Certifying Permanent Residence by proving five years of continuous residence in the UK. This involves completing form EEA(PR) and paying a fee. - Documents required for Dinesh include proof of identity (passport, registration certificate), residence (utility bills, tenancy agreements), studies (degree certificates, bank statements), and employment (wage slips, contracts). - Adele, as a spouse, has an extended right to reside and may apply for a Registration Certificate using form EEA(FM). Documents needed include her passport, marriage certificate, and evidence of cohabitation. **Question 2:\ What status will Dinesh\'s child have under UK law if born in the UK?** Answer:\ The child will be a British citizen at birth because Dinesh is \"settled\" under the British Nationality Act 1981. If born outside the UK, the child would not automatically acquire British citizenship. **Document: 01-2018 OISC Level 1 Assessment Sample Paper** **Section 1: Multiple Choice Questions** 1. **What deductions apply for \"adequate maintenance\"?\ **Answer: Income tax, national insurance contributions, and housing costs. 2. **The Immigration Act 1971 is classified as:\ **Answer: Primary legislation. 3. **Administrative Review is unavailable for:\ **Answer: Visit visa rules. 4. **When does a child not meet the rules to join a settled parent?\ **Answer: When the parent\'s partner does not meet the £22,400 minimum income requirement. 5. **Who must pay the Immigration Health Surcharge?\ **Answer: Tier 4 (General) Student applicants. 6. **What should a client do if their visa expired 14 days ago?\ **Answer: Refer to an adviser at Level 2 or 3. 7. **Who does not need a TB test before entering the UK?\ **Answer: Algerian nationals applying as standard visitors. 8. **Which form is used for Tier 2 (General) migrants applying for Indefinite Leave to Remain?\ **Answer: SET(O). 9. **Why can a Fiancé(e) visa holder apply for Leave to Remain?\ **Answer: Because the Partner rules allow extension for those with Fiancé(e) entry clearance. 10. **When can a child born in the UK (2007) register as a British citizen?\ **Answer: If they have lived in the UK until the age of 10. **Section 2: Scenario-Based Questions** **Question 1:\ Write a letter of advice to Maria, explaining:** 1. **How she may settle in the UK with Lucas.** 2. **The facts they need to demonstrate.** 3. **Documents required to support the application.** 4. **Procedure for making the application.** 5. **How they can marry in the UK.** **Answer:** - Maria can apply as a fiancée under the Partner route, requiring evidence of a genuine relationship, Lucas' income (£18,600+), and accommodation. - Documents include passports, Lucas' divorce certificate, proof of contact (emails, photos), wedding arrangements, and English language certification. - The application must be submitted online with a biometric appointment. - To marry, Maria must give 28 days' notice to a registrar at a designated office. **Question 2:\ Will Maria be granted a settlement visa in the UK, and what are the next steps?** **Answer:\ **Maria will be granted 6-month entry clearance. After marrying Lucas, she can transition to the Partner route and qualify for Indefinite Leave to Remain after 5 years (60 months) of continuous leave. **Document: 11-2018 OISC Sample Competence Assessment Paper** **Question 1:\ Write a letter of advice to Dinesh, explaining:** 1. **His status in the UK under EEA and UK law.** 2. **His options under EEA law, including requirements and application procedures.** 3. **Specific documents Dinesh needs to provide to demonstrate:** - **Identity and residence in the UK under EEA law.** - **Studies in the UK.** - **Employment in the UK.** 4. **The basis upon which Adele may stay in the UK and the application procedure.** 5. **Specific documents Adele will need to provide.** **Answer:** - Dinesh has a right of permanent residence under EEA law and does not require leave under UK law. - He can apply for a Document Certifying Permanent Residence by proving five years of continuous residence using form EEA(PR). - Required documents for Dinesh: passport, registration certificate, utility bills, degree certificates, wage slips, and contracts. - Adele can apply for a Registration Certificate using form EEA(FM), supported by her passport, marriage certificate, and proof of cohabitation. **Question 2:\ What status will Dinesh\'s child have under UK law if born in the UK?** Answer:\ The child will be a British citizen because Dinesh is settled under the British Nationality Act 1981. If born outside the UK, the child would not automatically acquire British citizenship. **Document: 01-2018 OISC Level 1 Assessment Sample Paper** **Section 1: Multiple Choice Questions** 1. **What deductions apply for \"adequate maintenance\"?\ **Answer: Income tax, national insurance contributions, and housing costs. 2. **The Immigration Act 1971 is classified as:\ **Answer: Primary legislation. 3. **Administrative Review is unavailable for:\ **Answer: Visit visa rules. 4. **When does a child not meet the rules to join a settled parent?\ **Answer: When the parent\'s partner does not meet the £22,400 minimum income requirement. 5. **Who must pay the Immigration Health Surcharge?\ **Answer: Tier 4 (General) Student applicants. 6. **What should a client do if their visa expired 14 days ago?\ **Answer: Refer to an adviser at Level 2 or 3. 7. **Who does not need a TB test before entering the UK?\ **Answer: Algerian nationals applying as standard visitors. 8. **Which form is used for Tier 2 (General) migrants applying for Indefinite Leave to Remain?\ **Answer: SET(O). 9. **Why can a Fiancé(e) visa holder apply for Leave to Remain?\ **Answer: Because the Partner rules allow extension for those with Fiancé(e) entry clearance. 10. **When can a child born in the UK (2007) register as a British citizen?\ **Answer: If they have lived in the UK until the age of 10. **Scenario 1: Dinesh (11-2018 OISC Sample Competence Assessment Paper)** **Firm's Name and Address\ Date: \[Insert Date\]\ Client Reference: \[Insert Reference\]** **Dear Dinesh,** Your Immigration Case Thank you for seeking our advice regarding your and your wife Adele's status in the UK. Below is our guidance based on your current circumstances. **Your Status in the UK under EEA and UK Law**\ As a French national who has continuously resided and worked in the UK since January 2014, you have acquired a right of permanent residence under EEA law. You do not currently require leave under UK immigration law. **Options Under EEA Law**\ You may apply for a Document Certifying Permanent Residence. This application is optional but provides confirmation of your status. To apply, you must demonstrate five years of continuous residence in accordance with EEA regulations. Your absence from the UK for five months in 2013 does not break this period, as it falls within allowable temporary absences. You can apply online or by post using the EEA(PR) form, and the fee is £65. **Required Documents for Your Application** 1. Identity and Residence in the UK: - Valid French passport or national ID card. - Registration Certificate. - Proof of residence (e.g., utility bills, tenancy agreements, bank statements). 2. Studies in the UK: - University enrollment letter. - Master's degree certificate and results. - Evidence of financial support (e.g., bank statements, European Health Insurance Card). 3. Employment in the UK: - Employment contract. - Wage slips and bank statements showing salary payments. - Employer letter and P60s. Adele's Status and Application Procedure\ Adele, as your spouse, qualifies as a family member of an EEA national with permanent residence. She can apply for a Registration Certificate using form EEA(FM). This application is not mandatory but may be helpful for evidence of her status. **Required Documents for Adele** - Her valid French passport or ID card. - Your marriage certificate. - Proof of cohabitation (e.g., bills, letters, or tenancy agreements showing joint residence). We recommend providing strong evidence of cohabitation, even if not strictly required by law. Next Steps\ If you would like our assistance in preparing and submitting these applications, please contact us at your earliest convenience. Yours sincerely,\ \[Advisor's Name\]\ \[Advisor's Title\] **Section 2: Scenario-Based Questions** **Question 1:\ Write a letter of advice to Maria, explaining:** 1. **How she may settle in the UK with Lucas.** 2. **The facts they need to demonstrate.** 3. **Documents required to support the application.** 4. **Procedure for making the application.** 5. **How they can marry in the UK.** Answer: - Maria can apply as a fiancée under the Partner route, requiring evidence of a genuine relationship, Lucas' income (£18,600+), and accommodation. - Required documents: passports, Lucas' divorce certificate, proof of contact (emails, photos), wedding arrangements, and English language certification. - Applications must be submitted online with a biometric appointment. - To marry, Maria must give 28 days' notice to a registrar at a designated office. **Question 2:\ Will Maria be granted a settlement visa in the UK, and what are the next steps?** **Answer:\ **Maria will be granted 6-month entry clearance. After marrying Lucas, she can transition to the Partner route and qualify for Indefinite Leave to Remain after 5 years (60 months) of continuous leave. **Scenario 2: Maria (01-2018 OISC Level 1 Assessment Sample Paper)** **Firm's Name and Address\ Date: \[Insert Date\]\ Client Reference: \[Insert Reference\]** **Dear Maria,** Your Immigration Case Thank you for seeking our advice regarding your plans to join Lucas in the UK. Below is our guidance based on your situation. Settling in the UK with Lucas\ As Lucas is a British citizen, you can apply for leave to enter the UK as his fiancée under the Partner route. **Requirements You Must Meet** 1. Relationship Evidence: - Your relationship with Lucas must be genuine and subsisting. - You must prove you intend to marry within six months of arriving in the UK and live together permanently thereafter. 2. **Financial and Accommodation Evidence:** - Lucas must earn at least £18,600 annually. His current earnings and accommodation (a two-bedroom apartment) meet this requirement. 3. **English Language Requirement:** - You must pass an approved English language test at level A1 of CEFR. **Required Documents for Your Application** 1. Your and Lucas' passports. 2. Lucas' divorce certificate. 3. Proof of your relationship, including: - Written statements explaining your relationship history. - Evidence of contact (e.g., messages, emails, call logs). - Photographs and plane tickets showing visits. 4. **Proof of wedding arrangements in the** UK (e.g., correspondence with the registry office, hotel bookings). 5. English language test certificate (A1 level). 6. **Lucas' financial evidence:** - Payslips and bank statements for six months. - Letter from his employer confirming his income. 7. **Proof of accommodation** (e.g., property deeds for Lucas' apartment). Application Process 1. Submit your application online and pay the associated fee. 2. Book an appointment at the Visa Application Centre for biometrics and submission of documents. **Getting Married in the UK**\ Once in the UK, you and Lucas must give at least 28 days' notice to the registrar at a designated office to marry legally. Next Steps\ Please contact us if you have any questions or require assistance in preparing your application. We are here to support you through this process. Yours sincerely,\ \[Advisor's Name\]\ \[Advisor's Title\] **2016** **Adviser Letter for Susan** **\[Your Firm's Name\]\ \[Your Firm's Address\]\ \[City, Postcode\]** **Date: \[Insert Date\]\ Ref: \[Insert Client Reference\]** **Dear Susan,** Your Immigration Case Thank you for instructing our firm to provide you with advice regarding your immigration status. Based on the information you provided, I have outlined below the relevant application options and next steps for your case. Application to Settle in the UK\ Based on your grandfather\'s birth in the UK, you may be eligible to apply for a visa under the UK ancestry route. However, this application must be made from outside the UK, and you would need to return to Canada to apply. **Requirements for a UK Ancestry Visa you must demonstrate the following:** 1. Eligibility under the UK Ancestry Rules: - You are a Commonwealth citizen over the age of 17. - Your grandfather was born in the UK. - You have intentions to work in the UK. 2. **Financial and Accommodation Proof:** - You must show that you can support and accommodate yourself in the UK without recourse to public funds. - Evidence that you have sufficient savings to cover your living costs until you secure employment. 3. General Grounds for Refusal: - Ensure you have no criminal convictions or outstanding debts to the NHS. **Documents Required for Your Application, you will need to provide the following documents:** - Your passport. - Your birth certificate showing your father\'s name. - Your father\'s birth certificate showing his father\'s name. - Your grandfather's birth certificate (to confirm his birth in the UK). - Evidence of your intention to work in the UK, such as: - CV, qualifications, proof of past employment in Canada, and evidence of job search activities in the UK. - Bank statements showing your savings and the source of these funds. - Evidence of accommodation availability (e.g., tenancy agreement or proof you will reside with your partner). **Next Steps** - You will need to return to Canada to submit this application. - **Upon approval, you will be granted leave to enter for five years.** **Further Advice\ **If your application is refused due to a misunderstanding of the evidence submitted, you may apply for Administrative Review within 28 days of the refusal decision. This review is limited to correcting caseworking errors. Alternatively, you could submit a new application with stronger supporting evidence. If you marry your British partner after obtaining your ancestry visa, you may apply for Indefinite Leave to Remain (ILR) at the end of five years. After securing ILR, you can apply for British citizenship. Please let me know if you have further questions or need assistance with the application process. Yours sincerely,\ \[Your Name\]\ \[Your Title\] **1: Multiple Choice Questions** 1. **By what process does the Secretary of State amend the Immigration Rules?\ **Answer: By publishing a Statement of Changes. 2. **In which of these circumstances will your client become an overstayer?\ **Answer: When the Home Office returns the application with a notice of invalidity after leave has run out. 3. **Your client's leave is about to run out, and their passport is unavailable. How do you advise them?\ **Answer: Apply before their leave runs out, and send the passport to the Home Office as soon as it arrives. 4. **Which guidance documents are in the Operational Guidance section on gov.uk?\ **Answer: Modernised Guidance, Immigration Directorate Instructions, and Entry Clearance Guidance. 5. **What is the deadline for lodging an appeal with the First-tier Tribunal (IAC) if the right of appeal is from within the UK?\ **Answer: 14 calendar days after the Home Office refusal decision is sent. 6. **What financial requirement must a British citizen meet to sponsor their spouse and children?\ **Answer: £18,600. 7. **What financial requirement applies if the sponsor is receiving disability living allowance?\ **Answer: Adequate maintenance without recourse to public funds. 8. **How would a minor criminal conviction affect an applicant's visa application?\ **Answer: The applicant will likely be refused a visa unless they wait a further six months before applying. 9. **What level of NHS debt leads to a refusal of entry clearance as a visitor?\ **Answer: £500. 10. **What activities can a visitor to the UK undertake?\ **Answer: Negotiate and sign deals and contracts. 11. **Your client's Tier 1 (Entrepreneur) application has missing documentation. How do you advise?\ **Answer: Submit the missing bank statements without waiting for a Home Office letter. 12. **Where is the appropriate salary for a Tier 2 (General) applicant listed?\ **Answer: Appendix J to the Immigration Rules. 13. **What is the English language requirement for Tier 5 (Temporary worker) applicants?\ **Answer: There is no English language requirement for this category. 14. **How should you advise an EEA national client considering naturalisation?\ **Answer: They must consider the implications for any family members in the UK before naturalising. 15. **Who is not an ordinary family member of an EEA national under EU law?\ **Answer: A long-term cohabiting partner of the EEA national. 16. **How long does an EEA national worker have to find another job after losing one?\ **Answer: Six months, extendable with evidence of genuine job-seeking efforts. 17. **What document can an EEA national qualified person apply for to evidence their status?\ **Answer: A registration certificate. 18. **When can a child born in the UK apply for registration as a British citizen based on residence?\ **Answer: At the age of 10. 19. **What is the difference between \'removal\' and \'deportation\'?\ **Answer: Removal is for those with no leave; deportation is for those whose presence is not conducive to the public good. 20. **Where is the procedure for applying for Administrative Review outlined?\ **Answer: Appendix AR of the Immigration Rules. **Section 2: Scenario-Based Questions** **Question 1:\ What application can Susan make to settle in the UK, the facts she must demonstrate, and the documents required?** Answer: - Application: UK Ancestry visa, but it must be applied for outside the UK. - Facts to Demonstrate: Commonwealth citizenship, proof of grandfather born in the UK, intent to work, and sufficient funds to support herself. - Documents: Passport, birth certificates (hers, father's, grandfather's), job search evidence, savings statements, and proof of accommodation. **Question 2:\ What should Susan do if her application is refused, and the Home Office fails to read her evidence correctly?** Answer:\ Apply for Administrative Review within 28 days of the refusal decision to address caseworking errors or submit a new application with improved evidence. **Question 3:\ What applications would Susan need to make if she marries her boyfriend after receiving her ancestry visa?** Answer: - Apply for Indefinite Leave to Remain (ILR) after five years of residence. - Apply for naturalisation immediately after being granted ILR. **Adviser Letter for Susan** \[Your Firm's Name\]\ \[Your Firm's Address\]\ \[City, Postcode\] Date: \[Insert Date\]\ Ref: \[Insert Client Reference\] **Dear Susan,** Your Immigration Case Thank you for instructing our firm to provide you with advice regarding your immigration status. Based on the information you provided, I have outlined below the relevant application options and next steps for your case. Application to Settle in the UK\ Based on your grandfather\'s birth in the UK, you may be eligible to apply for a visa under the UK ancestry route. However, this application must be made from outside the UK, and you would need to return to Canada to apply. Requirements for a UK Ancestry Visa\ To succeed in your application, you must demonstrate the following: 1. Eligibility under the UK Ancestry Rules: - You are a Commonwealth citizen over the age of 17. - Your grandfather was born in the UK. - You have intentions to work in the UK. 2. Financial and Accommodation Proof: - You must show that you can support and accommodate yourself in the UK without recourse to public funds. - Evidence that you have sufficient savings to cover your living costs until you secure employment. 3. General Grounds for Refusal: - Ensure you have no criminal convictions or outstanding debts to the NHS. Documents Required for Your Application\ To support your application, you will need to provide the following documents: - Your passport. - Your birth certificate showing your father\'s name. - Your father\'s birth certificate showing his father\'s name. - Your grandfather's birth certificate (to confirm his birth in the UK). - Evidence of your intention to work in the UK, such as: - CV, qualifications, proof of past employment in Canada, and evidence of job search activities in the UK. - Bank statements showing your savings and the source of these funds. - Evidence of accommodation availability (e.g., tenancy agreement or proof you will reside with your partner). Next Steps - You will need to return to Canada to submit this application. - Upon approval, you will be granted leave to enter for five years. Further Advice\ If your application is refused due to a misunderstanding of the evidence submitted, you may apply for Administrative Review within 28 days of the refusal decision. This review is limited to correcting caseworking errors. Alternatively, you could submit a new application with stronger supporting evidence. If you marry your British partner after obtaining your ancestry visa, you may apply for Indefinite Leave to Remain (ILR) at the end of five years. After securing ILR, you can apply for British citizenship. Please let me know if you have further questions or need assistance with the application process. Yours sincerely,\ \[Your Name\]\ \[Your Title\] **Section 1: Multiple Choice Questions** 1. **By what process does the Secretary of State amend the Immigration Rules?\ **Answer: By publishing a Statement of Changes. 2. **In which of these circumstances will your client become an overstayer?\ **Answer: When the Home Office returns the application with a notice of invalidity after leave has run out. 3. **Your client's leave is about to run out, and their passport is unavailable. How do you advise them?\ **Answer: Apply before their leave runs out, and send the passport to the Home Office as soon as it arrives. 4. **Which guidance documents are in the Operational Guidance section on gov.uk?\ **Answer: Modernised Guidance, Immigration Directorate Instructions, and Entry Clearance Guidance. 5. **What is the deadline for lodging an appeal with the First-tier Tribunal (IAC) if the right of appeal is from within the UK?\ **Answer: 14 calendar days after the Home Office refusal decision is sent. 6. **What financial requirement must a British citizen meet to sponsor their spouse and children?\ **Answer: £18,600. 7. **What financial requirement applies if the sponsor is receiving disability living allowance?\ **Answer: Adequate maintenance without recourse to public funds. 8. **How would a minor criminal conviction affect an applicant's visa application?\ **Answer: The applicant will likely be refused a visa unless they wait a further six months before applying. 9. **What level of NHS debt leads to a refusal of entry clearance as a visitor?\ **Answer: £500. 10. **What activities can a visitor to the UK undertake?\ **Answer: Negotiate and sign deals and contracts. 11. **Your client's Tier 1 (Entrepreneur) application has missing documentation. How do you advise?\ **Answer: Submit the missing bank statements without waiting for a Home Office letter. 12. **Where is the appropriate salary for a Tier 2 (General) applicant listed?\ **Answer: Appendix J to the Immigration Rules. 13. **What is the English language requirement for Tier 5 (Temporary worker) applicants?\ **Answer: There is no English language requirement for this category. 14. **How should you advise an EEA national client considering naturalisation?\ **Answer: They must consider the implications for any family members in the UK before naturalising. 15. **Who is not an ordinary family member of an EEA national under EU law?\ **Answer: A long-term cohabiting partner of the EEA national. 16. **How long does an EEA national worker have to find another job after losing one?\ **Answer: Six months, extendable with evidence of genuine job-seeking efforts. 17. **What document can an EEA national qualified person apply for to evidence their status?\ **Answer: A registration certificate. 18. **When can a child born in the UK apply for registration as a British citizen based on residence?\ **Answer: At the age of 10. 19. **What is the difference between \'removal\' and \'deportation\'?\ **Answer: Removal is for those with no leave; deportation is for those whose presence is not conducive to the public good. 20. **Where is the procedure for applying for Administrative Review outlined?\ **Answer: Appendix AR of the Immigration Rules. **Section 2: Scenario-Based Questions** **[Question 1:]\ What application can Susan make to settle in the UK, the facts she must demonstrate, and the documents required?** **Answer:** - **Application: UK Ancestry visa, but it must be applied for outside the UK.** - **Facts to Demonstrate: Commonwealth citizenship, proof of grandfather born in the UK, intent to work, and sufficient funds to support herself.** - **Documents: Passport, birth certificates (hers, father's, grandfather's), job search evidence, savings statements, and proof of accommodation.** **Question 2:\ What should Susan do if her application is refused, and the Home Office fails to read her evidence correctly?** Answer:\ Apply for Administrative Review within 28 days of the refusal decision to address caseworking errors or submit a new application with improved evidence. **Question 3:\ What applications would Susan need to make if she marries her boyfriend after receiving her ancestry visa?** Answer: - Apply for Indefinite Leave to Remain (ILR) after five years of residence. - Apply for naturalisation immediately after being granted ILR. **Questions with Answers** **Multiple Choice Questions** 1. **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?\ **Answer: FLR(M) 2. **On what date were the provisions in Appendix FM introduced?\ **Answer: 9 July 2012 3. **Where are the Knowledge of Life and language in the UK requirements for ILR applications found?\ **Answer: Appendix KOLL 4. **For how long should a person with leave to enter as a general visitor remain in the UK?\ **Answer: 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?\ **Answer: 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?\ **Answer: 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?\ **Answer: English language 8. **When the Secretary of State amends the Immigration Rules, she will do so by publishing:\ **Answer: A Statement of Changes 9. **The phrase "must not be leading an independent life" in the immigration rules relating to children is defined in:\ **Answer: 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:\ **Answer: 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:\ **Answer: Register as a British citizen 12. **To be a 'qualified person' an EEA national will have to meet the definition provided in:\ **Answer: 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:\ **Answer: 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?\ **Answer: 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?\ **Answer: 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:\ **Answer: Not assist them, and not report them to the UKVI 17. **The legal requirements for a valid application for leave to remain are in:\ **Answer: 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:\ **Answer: 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:\ **Answer: Refer them to an OISC Level 2 adviser 20. **Your client's previous grant of leave runs out whilst they are awaiting a decision on an extension application. You will advise them that:\ **Answer: They will have continuing leave under provisions in the Immigration Act 1971 **Scenario-Based Questions** **Scenario 1: Krystyna** 1. **Advice Letter to Krystyna** - **As an EU national, Krystyna has free movement rights under the Immigration (EEA) Regulations 2006.** - **She can stay in the UK for up to three months without any further requirements.** - **After three months, she needs to be a "qualified person" by being self-sufficient or a job-seeker.** - **Evidence of self-sufficiency includes proof of savings and private health insurance.** - **Krystyna's plan to look for work as a math teacher will help her become a job-seeker and later a worker.** - **Permanent residency can be obtained after five years of continuous residence as a qualified person.** 2. **File Note** - **Frequent trips back to Poland are permissible, provided they do not exceed six months in any 12-month period.** 3. **Application for British Passport** - **Krystyna can apply for naturalisation one year after obtaining permanent residency, with a total of six years from the date of entry.** **Detailed Letter to Krystyna** **Date:** **Your Ref:** **Dear Krystyna,** Re: Immigration Advice Thank you for reaching out for advice regarding your plans to visit and eventually settle in the UK. Below is my detailed advice based on the instructions you provided during our conversation. Your Instructions You wish to come to the UK for an extended holiday of six months to stay with your grandparents. During this time, you intend to support them and look for job opportunities, particularly as a secondary school math teacher. Your long-term objective is to settle in the UK permanently. Please let me know if any of these details are incorrect or require clarification. My Advice As a Polish national, you are entitled to "free movement" rights within the European Union, including the UK (subject to applicable rules). 1. Entry to the UK - You may enter the UK using your valid passport or national ID card. Upon arrival, you have an initial right of residence for up to three months without needing to register or take any formal steps. 2. Extending Your Stay Beyond Three Months - After three months, you will need to demonstrate that you are a "qualified person" under Regulation 6 of the Immigration (EEA) Regulations 2006. This includes being: - Self-sufficient (sufficient savings and private health insurance). - A job-seeker (evidence of active job search and intent to work). 3. Job-Seeking and Employment - While seeking employment, you will continue to qualify for residence as a "job-seeker" provided you show evidence such as registration at local Job Centres, applications to schools, and responses from potential employers. 4. Transition to Permanent Residency - Once you have continuously resided in the UK for five years as a "qualified person," you can apply for permanent residence. This requires maintaining self-sufficiency or employment during the five-year period. - After acquiring permanent residency, you may choose to apply for naturalisation as a British citizen. Frequent Trips to Poland You mentioned concerns about frequent travel to Poland to visit your partner. This is permissible, provided: - Your absences do not exceed six months in any 12-month period. - A single absence of up to 12 months may be acceptable for significant reasons, such as family obligations, illness, or training. Documentation and Next Steps 1. Immediate Actions - Ensure your passport or national ID card is valid for travel to the UK. - Obtain private health insurance for the duration of your stay (required for self-sufficiency). 2. During Your Stay - Keep records of your job search efforts and any temporary work contracts or interviews. - Maintain evidence of your address and activities in the UK, including letters addressed to you at your grandparents' residence. 3. Long-Term Planning - Begin planning for the documentation required to demonstrate five years of continuous residence, including financial independence or employment history. If you have further questions or need assistance at any stage, do not hesitate to contact me. I hope this advice helps you achieve your goals while ensuring compliance with UK immigration laws. Yours sincerely, \[Your Name\]**\ OISC Adviser** **2013** **Questions from Humphrey and Eduardo to the Advisor** **Scenario-Based Questions** 1. **Eduardo's Immigration Status** - **What is the best course of action for Eduardo to take now that his visa is close to expiring?** - **Are there any risks involved in Eduardo returning to Brazil to apply for a fiancé visa?** 2. **Fiancé Visa Requirements** - **How can we best demonstrate that our relationship is genuine and subsisting?** - **What specific documents will be most compelling for the Home Office?** - **Will Eduardo's previous marriage impact his application in any way?** 3. **Financial and Accommodation Considerations** - **How will Eduardo's savings be assessed for the financial requirements?** - **Are there additional requirements for proving adequate accommodation?** 4. **English Language Proficiency** - **What are the approved methods for Eduardo to demonstrate his English proficiency?** - **Are there any waivers available for this requirement?** 5. **Post-Visa Conditions and Processes** - **What steps do we need to take immediately after the fiancé visa is approved?** - **What is the timeline for applying for further leave to remain after marriage?** - **Are there any conditions attached to the fiancé visa that we should be aware of?** 6. **If the Application is Refused** - **What options do we have if the fiancé visa application is refused?** - **Can Eduardo appeal the decision while remaining in Brazil?** **Follow-Up Questions** - **Are there any additional steps we can take to strengthen Eduardo's application?** - **What timeline should we expect for the entire process, including appeals if necessary?** **Please let us know if there are any points we should clarify or discuss further.** **Advice Letter to Humphrey and Eduardo** Date: Dear Humphrey and Eduardo, Re: Immigration Advice Thank you for consulting me regarding Eduardo's immigration options. Below, I provide advice tailored to your circumstances. Your Instructions You informed me that Eduardo is a Brazilian national currently in the UK on a Tier 5 (Temporary Worker) visa, which is due to expire in two weeks. You have been in a relationship and cohabiting for the last few weeks, and your intention is to get married and live together in the UK. Additionally, you mentioned that Eduardo is financially independent, being a millionaire, and you are currently unemployed. My Advice 1. Eduardo's Current Immigration Status - As Eduardo's Tier 5 visa is set to expire, he cannot apply for further leave to remain in the UK to marry you without leaving the country. - He must return to Brazil and apply for a fiancé visa to re-enter the UK. 2. Fiancé Visa Requirements To successfully apply for a fiancé visa, Eduardo must meet the following criteria: - Genuine Relationship: Provide evidence that your relationship is genuine and subsisting. - Intent to Marry: Demonstrate that he is entering the UK to marry you within six months of arrival. - Previous Marriages: Confirm that any previous marriages or relationships have been legally dissolved. - Financial Requirements: Show financial self-sufficiency. Eduardo's savings will satisfy this requirement, given your current employment status. - Accommodation: Provide proof of suitable accommodation. Your current bedsit meets the requirement for exclusive use of one room. - English Language Proficiency: Prove basic English proficiency with a degree taught in English or an approved language test. 3. Supporting Documents Eduardo will need to include the following evidence in his application: - Statements from both of you detailing the history of your relationship and future plans. - Evidence of cohabitation, such as joint bills or correspondence addressed to the same address. - Plans and bookings for your wedding. - Letters of support from friends and family. - Eduardo's financial documents proving his savings. - Proof of his divorce in Brazil (if applicable). 4. Visa Outcomes - If approved, Eduardo will be granted a six-month fiancé visa to marry in the UK. During this period, he cannot work or claim public funds. - Following the marriage, Eduardo can apply for further leave to remain as your spouse. 5. If the Application is Refused - Eduardo can appeal to the First-tier Tribunal (Immigration and Asylum Chamber) within 28 days of receiving the decision. - Alternatively, he may submit a new application addressing any deficiencies noted by the Home Office. - If this occurs, I recommend consulting a Level 2 or 3 OISC adviser. Additional Considerations You mentioned Eduardo's concern about disclosing his previous marriage in Brazil. I must emphasize that full disclosure is mandatory. Concealing this information may result in application refusal and penalties under the Immigration Act 1971. We can address this matter with strong evidence of your genuine relationship and include his divorce certificate. Please do not hesitate to contact me if you need further clarification or assistance with Eduardo's application. I am here to support you both through this process. Yours sincerely, \[Your Name\]\ OISC Adviser ====================================================================== **Questions with Answers** **Multiple Choice Questions** 1. **What form will a person who arrived in the UK on a fiancé visa use to apply for an extension of stay as a partner?**\ **Answer:** FLR(M) 2. **When were the provisions in Appendix FM introduced?**\ **Answer:** 9 July 2012 3. **Where can one find the Knowledge of Life and language requirements for ILR applications?**\ **Answer:** Appendix KOLL 4. **For how long should a person with leave to enter as a general visitor remain in the UK?**\ **Answer:** 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?**\ **Answer:** 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?**\ **Answer:** 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?**\ **Answer:** English language 8. **When the Secretary of State amends the Immigration Rules, she will do so by publishing:**\ **Answer:** A Statement of Changes 9. **The phrase "must not be leading an independent life" in the immigration rules relating to children is defined in:**\ **Answer:** 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:**\ **Answer:** May contact the applicant to give them a limited time to provide the correct document 11. **In order to regularize 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:**\ **Answer:** Register as a British citizen 12. **To be a 'qualified person' an EEA national will have to meet the definition provided in:**\ **Answer:** 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:**\ **Answer:** 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?**\ **Answer:** 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?**\ **Answer:** 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:**\ **Answer:** Not assist them, and not report them to the UKVI 17. **The legal requirements for a valid application for leave to remain are in:**\ **Answer:** 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:**\ **Answer:** 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:**\ **Answer:** Refer them to an OISC Level 2 adviser 20. **Your client's previous grant of leave runs out whilst they are awaiting a decision on an extension application. You will advise them that:**\ **Answer:** They will have continuing leave under provisions in the Immigration Act 1971 **Scenario of the Client** Krystyna, a Polish national, wishes to come to the UK for an extended holiday of about six months. She has saved sufficient money and does not plan to work or seek employment during this period. Her grandparents, long-term UK residents since shortly after the Second World War, are elderly, and Krystyna intends to stay with them to assist in their care. After the holiday, she plans to look for work as a secondary school maths teacher. Krystyna's ultimate goal is to settle permanently in the UK. Additionally, she has a partner in Poland and plans to return there frequently to visit, raising questions about the impact of these trips on her settlement timeline. **Advice Letter to Krystyna** **Date:** **Dear Krystyna,** **Re: Immigration Advice** Thank you for contacting me regarding your plans to visit and eventually settle in the UK. Below, I have outlined my advice based on the details you provided. **Your Instructions** You informed me that you plan to visit the UK for six months, staying with your grandparents while helping to care for them. Following this, you intend to look for employment as a maths teacher. Your long-term aim is to settle in the UK. You also mentioned that you would like to take trips back to Poland to visit your partner and are concerned about how these might affect your settlement plans. **My Advice** 1. **Entry to the UK** - As a Polish national, you have the right to enter the UK under the Immigration (EEA) Regulations 2006. You may enter using your valid passport or national ID card. - You have an **initial right of residence** for up to three months, during which no further documentation is required. 2. **Extending Your Stay** - After three months, to remain compliant with immigration rules, you must qualify as a **self-sufficient person** or a **job-seeker**. This means: - As a self-sufficient person, you must provide evidence of sufficient funds and private health insurance. - As a job-seeker, you must demonstrate active efforts to find employment (e.g., registration with job centers, applications to schools). 3. **Path to Settlement** - Continuous residence for five years as a **qualified person** (e.g., self-sufficient person, job-seeker, or worker) allows you to apply for **permanent residence**. At that point, you will be considered "settled" in the UK. - After one additional year of permanent residence, you may apply for naturalization as a British citizen, provided you meet residency and absence requirements. 4. **Frequent Trips to Poland** - Under Regulation 3, continuity of residence allows for absences of up to six months in any 12-month period without affecting your settlement timeline. - A single absence of up to 12 months is permitted for significant reasons, such as family obligations, illness, or training. 5. **Documentation and Next Steps** - Upon arrival, maintain records of your stay, including proof of residence with your grandparents and documentation of any job-seeking efforts. - If you choose to apply for a Registration Certificate as a qualified person, you may use form **EEA1**, though this is not mandatory. - When eligible, apply for a Document Certifying Permanent Residence using form **EEA3** to confirm your settled status. **Summary** Your plan to stay with your grandparents aligns with your rights as an EU national. Frequent trips to Poland will not disrupt your settlement timeline, provided they adhere to the permitted absence limits. Ensure you keep thorough records to demonstrate compliance with the regulations at each stage. If you have additional questions or require further assistance, please do not hesitate to contact me. **Yours sincerely,** \[Your Name\]\ OISC Adviser =============================================================================================== **Immigration Law Basics** **OISC Level 1 Immigration Exam Questions and Answers** **Questions with Answers** 1. **What is meant by being subject to immigration control?\ **Answer: It means a person requires leave to enter or remain in the UK and does not have the right of abode. 2. **Name three possible immigration categories for entering the UK.\ **Answer: Visitor, Skilled Worker, and Student. 3. **What form is used for a Skilled Worker visa application?\ **Answer: Form Skilled Worker Appendix 2. 4. **What is the fee for a standard visitor visa?\ **Answer: £100. 5. **What is required to satisfy the financial requirement for a Spouse visa?\ **Answer: A gross annual income of at least £18,600 or savings meeting the specified threshold. 6. **What type of evidence is needed to support a Student visa application?\ **Answer: Confirmation of Acceptance for Studies (CAS), financial proof, and a valid passport. 7. **What is the time limit to lodge an appeal against a visa refusal?\ **Answer: 14 calendar days for in-country appeals; 28 calendar days for out-of-country appeals. 8. **What constitutes an urgent situation in immigration law?\ **Answer: Imminent removal or deportation, expiring visas, or deadlines for appeals/applications. 9. **What is the UKVI Operational Guidance?\ **Answer: It outlines how UKVI processes applications and interprets immigration rules. 10. **Name two discretionary grounds for refusal of a visa application.\ **Answer: Previous breach of immigration laws and debt to the NHS. 11. **What does a statutory extension of leave mean?\ **Answer: A person\'s leave is extended automatically when they submit an application before their current leave expires. 12. **How can leave to remain be curtailed?\ **Answer: By the Secretary of State when conditions of leave are breached or no longer applicable. 13. **What is an overstayer?\ **Answer: A person who remains in the UK beyond the expiry of their visa without lawful reason. 14. **Under which article of the European Convention on Human Rights is family life protected?\ **Answer: Article 8. 15. **What is the time frame for Administrative Review after a Tier 4 visa refusal?\ **Answer: 14 calendar days. 16. **What evidence supports a visitor visa application?\ **Answer: Proof of ties to the home country, travel itinerary, and financial documents. 17. **What is the purpose of the Immigration Rules Appendix FM?\ **Answer: It governs family-related visa applications. 18. **What is the Immigration Health Surcharge (IHS)?\ **Answer: A fee paid to access NHS services during a person\'s stay in the UK. 19. **What does the term \'variation of leave\' mean?\ **Answer: Changing the conditions or type of leave granted. 20. **Name one published UKVI guidance document.\ **Answer: The \"Family Policy: Family life (as a partner or parent) and private life\" guidance. 21. **What is a biometric residence permit (BRP)?\ **Answer: A document that shows a person's immigration status and entitlements in the UK. 22. **What form is required for a Private Life route application?\ **Answer: FLR(FP). 23. **How is a challenge to a negative decision initiated?\ **Answer: Through Administrative Review or appeal. 24. **What is a mandatory ground for refusal under general grounds?\ **Answer: Submitting false documents. 25. **What does Article 3 of the ECHR protect against?\ **Answer: Torture, inhuman, or degrading treatment. 26. **What is required to refer a complex case beyond Level 1 competency?\ **Answer: Knowledge of the complexity and referral to a qualified Level 2 or higher adviser. 27. **What is the duration of a Skilled Worker visa?\ **Answer: Up to 5 years. 28. **What financial proof is needed for a Student visa?\ **Answer: Bank statements showing sufficient funds for tuition and maintenance. 29. **What form is used to apply for a Family Reunion visa?\ **Answer: VAF4A. 30. **What is the purpose of an Administrative Review?\ **Answer: To correct caseworking errors in a visa decision. 31. **What does \"entry clearance\" mean?\ **Answer: Permission to enter the UK granted before travel. 32. **What is the main requirement for a Fiancé(e) visa?\ **Answer: Intention to marry within six months of arrival. 33. **What is an illegal entrant?\ **Answer: A person who enters the UK without permission. 34. **What are the conditions of leave for a Tier 5 visa holder?\ **Answer: Limited work, no access to public funds, and time-restricted stay. 35. **What evidence supports a human rights claim under Article 8?\ **Answer: Evidence of strong family or private life in the UK. 36. **What is the time limit for filing a judicial review?\ **Answer: 3 months from the date of the decision. 37. **What is the primary requirement for a PBS Dependant visa?\ **Answer: Relationship to a main PBS migrant and maintenance funds. 38. **What is the consequence of breaching visa conditions?\ **Answer: Possible curtailment of leave or removal from the UK. 39. **What is an Immigration Status Document (ISD)?\ **Answer: A document confirming a person\'s immigration status if they do not have a BRP. 40. **What is the general time frame for processing a visitor visa?\ **Answer: 3 weeks. 41. **What is the role of UKVI in immigration control?\ **Answer: To assess and decide visa applications. 42. **What is a discretionary ground for refusal of a visitor visa?\ **Answer: Lack of genuine intention to return to the home country. 43. **What form is required for an EEA family permit?\ **Answer: EEA(FM). 44. **What is a dependant?\ **Answer: A spouse, partner, or child reliant on the main visa applicant. 45. **What is an \"urgent case\" in immigration law?\ **Answer: Cases involving imminent removal or deadlines for filing appeals. 46. **What is the Immigration Act 1971?\ **Answer: The legislation governing immigration control in the UK. 47. **What does \"leave outside the rules\" mean?\ **Answer: Leave granted on exceptional or compassionate grounds not covered by the Immigration Rules. 48. **What is the role of an OISC Level 1 adviser?\ **Answer: To assist with straightforward immigration matters within their competency. 49. **What does \"no recourse to public funds\" mean?\ **Answer: The visa holder cannot claim most state benefits. 50. **What is the significance of a Certificate of Sponsorship (CoS)?\ **Answer: It is required for skilled work applications to confirm a genuine job offer. 51. **Who is considered subject to immigration control under UK law?**\ Answer: Non-EEA nationals without settled status or British citizenship. 52. **A client who overstayed their visa asks about possible immigration categories that might apply. Which category is generally NOT available to an overstayer?**\ Answer: Visitor visa. 53. **Which of the following is NOT a factor for mandatory refusal of an application under general grounds?**\ Answer: A criminal conviction resulting in imprisonment of 4 months. 54. **Which form must be used for a family member applying for a Family visa under the 5-year route?**\ Answer: FLR(M) 55. **What is the fee for an adult applying for indefinite leave to remain (ILR) under the 10-year long residence route as of November 2024?**\ Answer: £2,404 56. **How should evidence of financial requirements for a spouse visa application be submitted?**\ Answer: Uploaded through the UKVI online portal. Immigration Rules and Requirements 57. **Which of the following is NOT a requirement for an application for leave to remain under Appendix FM as a parent?**\ Answer: The applicant must have a good knowledge of English. 58. **What is the minimum income threshold for sponsoring a partner without children under Appendix FM?**\ Answer: £18,600 59. Evidence and Case Preparation 60. **Which document is NOT required as evidence for an application under the EU Settlement Scheme?**\ Answer: Evidence of comprehensive sickness insurance. 61. **What is the primary purpose of the SU07/12 form?**\ Answer: To confirm sponsorship for a dependent's visa application. 62. Time Limits and Urgent Situations 63. **What is the statutory extension of leave to remain when an application is made in-time?**\ Answer: The applicant's leave is automatically extended until the application is decided. 64. **An asylum seeker fears removal before their case is reviewed. What urgent remedy is available?**\ Answer: Apply for a judicial review and seek an injunction to stop removal. 65. **What is a discretionary ground for refusal under the Immigration Rules?**\ Answer: Outstanding NHS debt of £2,000. 66. Challenging Negative Decisions 67. **What process is available to challenge a refusal of a Family visa under Appendix FM?**\ Answer: File an appeal on human rights grounds. 68. **When does the time limit to file an appeal in the First-tier Tribunal begin?**\ Answer: The day after the client receives the refusal decision. 69. **Under Article 8 of the European Convention on Human Rights, which of the following is protected?**\ Answer: The right to private and family life. 70. A Level 1 adviser identifies that a case involves complex human rights issues. What should they do?\ Answer: Refer the case to a qualified Level 2 adviser or solicitor. 1. **What is the primary legislation governing immigration in the UK?**\ **Answer:** a) Immigration Act 2014 2. **Which document outlines the rights of individuals with \'indefinite leave to remain\' in the UK?**\ **Answer:** b) BRP Card 3. **What does the term \"leave to enter\" refer to?**\ **Answer:** b) Authorization to enter the UK after clearance 4. **Which appendix deals with the Skilled Worker visa?**\ **Answer:** b) Appendix Skilled Worker **Visa Categories** 5. **What is the maximum duration of a tourist visa in the UK?**\ **Answer:** b) 6 months 6. **Which of the following visas allows dependents to join the main applicant in the UK?**\ **Answer:** d) Both a) and c) 7. **Under which visa category can entrepreneurs apply to start a business in the UK?**\ **Answer:** c) Start-up Visa 8. **What is the minimum age requirement for a spouse visa application?**\ **Answer:** b) 18 **Scenario-Based Questions** 9. **Scenario:** Your client, John, is an EU national who has been living in the UK since 2019. He missed the EU Settlement Scheme deadline.\ **Question:** What application should John submit to regularize his stay?\ **Answer:** John should apply under the \"reasonable grounds\" provision for late EU Settlement Scheme applications. 10. **Scenario:** Maria, a non-EEA national, has overstayed her visa by two months but has a British citizen child. She wants to regularize her status.\ **Question:** What Immigration Rule should Maria apply under?\ **Answer:** Maria can apply under Appendix FM as the parent of a British child. **Ethics and Professional Conduct** 11. **What should an OISC adviser do if they discover a client has provided false information?**\ **Answer:** d) Both b) and c) 12. **An adviser must retain client records for a minimum of how many years after the end of the engagement?**\ **Answer:** c) 6 years **Other Key Topics** 13. **Which form is used to apply for further leave to remain as a spouse?** 14. **What is the purpose of the Immigration Health Surcharge (IHS)?**\ **Answer:** a) To fund NHS services for visa applicants 15. **Under the Skilled Worker visa, what is the minimum salary threshold for most roles?**\ **Answer:** c) £25,600 **Immigration Processes and Requirements** 16. **What is the standard processing time for a family visa application submitted outside the UK?**\ **Answer:** b) 3 weeks 17. **When applying for British citizenship by naturalization, what is the minimum period an applicant must have held indefinite leave to remain (ILR)?**\ **Answer:** a) 1 year 18. **Which form is used to apply for British citizenship for a child?**\ **Answer:** b) Form MN1 19. **What is the purpose of the Life in the UK test?**\ **Answer:** b) Confirm knowledge of UK laws and culture 20. **Under Appendix FM, what financial requirement must be met for a partner visa?**\ **Answer:** b) £18,600 per year **Appeals and Administrative Reviews** 21. **What is the primary tribunal for immigration appeals in the UK?**\ **Answer:** a) First-tier Tribunal (Immigration and Asylum Chamber) 22. **An appeal must generally be lodged within how many days of receiving a decision from the Home Office?**\ **Answer:** b) 14 days 23. **When is an administrative review available?**\ **Answer:** b) To challenge an error in an immigration decision 24. **If an applicant overstays their visa, how long do they have to regularize their status before a mandatory refusal is applied?**\ **Answer:** a) 14 days **Visa-Specific Questions** 25. **Under the EU Settlement Scheme, what status can an applicant obtain if they have lived in the UK for less than 5 years?**\ **Answer:** b) Pre-settled status 26. **What is the maximum age for a child dependent to be included in a Skilled Worker visa application?**\ **Answer:** b) 18 years 27. **What is the English language requirement for a Tier 4 (Student) visa applicant?**\ **Answer:** c) B2 level 28. **For which visa category must an applicant provide evidence of a \"genuine and subsisting relationship\"?**\ **Answer:** b) Partner Visa under Appendix FM **Ethics and Professional Conduct** 29. **An OISC adviser must report serious breaches of immigration law to which organization?**\ **Answer:** b) The Office of the Immigration Services Commissioner (OISC) 30. **If an OISC Level 1 adviser is asked to handle an asylum application, what should they do?**\ **Answer:** b) Refer the case to an OISC Level 2 or higher adviser 31. **What is the maximum compensation an OISC adviser can offer if a complaint is upheld?**\ **Answer:** d) No fixed limit **Immigration Rules and Visa Specifics** 32. **Which Appendix of the Immigration Rules provides guidance for family members applying to join British citizens?**\ **Answer:** a) Appendix FM 33. **What is the cooling-off period for a Skilled Worker visa applicant who has completed a 6-year stay?**\ **Answer:** c) 12 months 34. **Which document must a Tier 4 (Student) visa applicant receive before submitting their visa application?**\ **Answer:** b) Confirmation of Acceptance for Studies (CAS) 35. **What is the validity period for a biometric residence permit (BRP) issued with a Skilled Worker visa?**\ **Answer:** d) Depends on the visa duration **Scenario-Based Questions** 36. **Scenario:** Your client, Elena, has a Skilled Worker visa but lost her BRP while on holiday abroad.\ **Question:** What should Elena do to return to the UK?\ **Answer:** Elena must apply for a replacement BRP visa to re-enter the UK and then replace her BRP upon return. 37. **Scenario:** Ahmed overstayed his visit visa for two months but has now left the UK.\ **Question:** What consequence might Ahmed face when reapplying for a visa?\ **Answer:** Ahmed may face a re-entry ban depending on the length of his overstay and circumstances. 38. **Scenario:** A client married to a British citizen cannot meet the financial requirement for a spouse visa but receives Disability Living Allowance.\ **Question:** Can they apply for a spouse visa?\ **Answer:** Yes, they can rely on adequate maintenance rather than the financial requirement. **Legal Processes and Requirements** 39. **Which form is required to extend a Skilled Worker visa?**\ **Answer:** d) There is no separate form; the extension is submitted online. 40. **What is the standard duration for which pre-settled status is granted?**\ **Answer:** b) 5 years 41. **Under the Visitor Rules, what is the maximum number of days a visitor can stay in the UK within a 12-month period?**\ **Answer:** c) 180 days 42. **What is the minimum age requirement to apply for a Start-up visa?**\ **Answer:** b) 18 years **Ethics and Complaints Handling** 43. **An OISC adviser is required to have which of the following for client protection?**\ **Answer:** b) Professional indemnity insurance 44. **If a client files a formal complaint against an adviser, what is the first step the adviser must take?**\ **Answer:** b)