Immigration Advice Authority (Formerly OISC) Levels Explained

Giving immigration advice in the UK without proper authorisation is a criminal offence, which makes the regulatory framework overseen by the Immigration Advice Authority — the body formerly known as the Office of the Immigration Services Commissioner, or OISC — one of the more consequential compliance areas for anyone working near immigration matters, including solicitors who occasionally touch immigration questions without holding a specific immigration accreditation.

Why immigration advice is separately regulated

Unlike most areas of legal practice, giving immigration advice or immigration services is restricted by law to people who are either qualified and regulated by an approved legal regulator (such as the SRA for solicitors) or specifically registered with the Immigration Advice Authority. This separate regulatory layer exists because of the particularly high-stakes, vulnerable client base immigration advice typically serves, and a history of poor-quality or exploitative advice from unregulated advisers before the regime was introduced.

The three levels of authorisation

The Immigration Advice Authority classifies regulated advisers into three tiers, each permitting a different scope of work. Level 1 advisers can handle straightforward cases where an application simply needs the facts presented against clear qualifying criteria, but must refer on anything involving complex facts, human rights arguments, or previously refused applications. Levels 2 and 3 permit progressively more complex casework, including representation in more contentious matters and appeals, reflecting greater demonstrated competence and experience.

Becoming a Level 1 adviser

To register at Level 1, a candidate typically needs at least three months of full-time equivalent experience giving immigration advice under supervision, completion of an up-to-date training course in UK immigration law and practice, and a pass in the Level 1 competence assessment — a timed exam combining multiple-choice and scenario-based questions, requiring at least 60% overall and 60% in each section. Notably, there's no requirement for a law degree; competence is assessed directly rather than inferred from academic background, which makes this a genuinely accessible route into regulated immigration advice work for people from non-legal backgrounds.

The accreditation process

The typical path runs through gaining supervised experience with a regulated organisation or charity, completing recognised professional training, submitting an application through the regulator's online portal, sitting the competence assessment, and then waiting for registration approval — a process that can take up to six months from initial application to a final decision, so it needs planning well ahead of when someone actually needs to start advising independently, in the same way qualifying for the SQE or the Costs Lawyer Professional Qualification requires early planning around work experience.

Why this matters for firms outside dedicated immigration practices

A firm or in-house team that occasionally fields immigration questions — for example, from an employer sponsoring overseas staff — needs to be careful not to stray into giving actual immigration advice without proper authorisation, even informally. Referring genuine immigration questions to a properly regulated adviser, rather than answering them as a favour or a sideline, avoids both a criminal law risk and a real risk of giving the client incomplete or wrong guidance on a high-stakes personal matter.

Complaints and ongoing training

Immigration advisers regulated at any level remain accountable for the quality of their advice, and clients unhappy with the service received have routes to complain, similarly in spirit to how service complaints against solicitors are handled, though the specific complaints body and process for immigration advisers sits outside the Legal Ombudsman's remit and is handled through the regulator's own complaints function instead. Given how frequently immigration rules change, ongoing training is treated as a core part of maintaining registration rather than a one-off qualification event, with advisers expected to keep their knowledge current across all the areas their authorised level permits them to advise on. Charities and community organisations offering free immigration advice fall under exactly the same authorisation requirements as commercial firms.

Giving immigration advice or services without the right OISC authorisation level — or beyond the level held — is a criminal offence under the Immigration and Asylum Act 1999, and the OISC can also take civil enforcement action against unauthorised advisers, including seeking injunctions. This is one reason checking an adviser's registration on the OISC public register before instructing them is worth doing.

Frequently asked questions

Is giving immigration advice without authorisation actually illegal? Yes — it's a criminal offence to provide immigration advice or services without being either regulated by an approved legal regulator or registered with the Immigration Advice Authority.

Do I need a law degree to become a Level 1 immigration adviser? No — competence is assessed through supervised experience, training, and a competence exam rather than academic qualifications.

What's the difference between Level 1 and Level 2 or 3? Level 1 covers straightforward cases only, with anything complex, involving human rights arguments, or previously refused required to be referred on; Levels 2 and 3 permit progressively more complex casework.

How long does it take to become an accredited immigration adviser? Allow up to six months from submitting an application for a decision, on top of the time needed to gain the required supervised experience and complete training beforehand.