OISC to IAA Transition 2025: Complete Guide for Immigration Advisors and Firms

OISC to IAA Transition 2025: Complete Guide for Immigration Advisors and Firms

As of 16 January 2025, The Office of the Immigration Services Commissioner (OISC) has announced a rebrand. It is now known as the Immigration Advice Authority (IAA).

Whether you are a current OISC advisor or planning to enter the field, we have compiled a comprehensive FAQ guide addressing key questions about this transition.

From registration requirements to practical implications, our straightforward guide will help you navigate these changes with confidence.

 What will be the changes to OISC under the IAA as new set up?

The Office of the Immigration Services Commissioner (OISC) will now be known as the Immigration Advice Authority (IAA).

Key changes include:

New name and branding: The OISC will be rebranded as the Immigration Advice Authority (IAA).

Leadership structure: The IAA will have a new leadership structure, with John Tuckett remaining as the Immigration Services Commissioner, focusing on strategic direction and stakeholder engagement.

Enhanced workforce: The IAA will have an “enhanced” workforce, likely meaning an increase in staff.

Strengthened processes: The new organisation will implement improved processes.

Comprehensive rebrand: This includes a new logo and social media channels.

Expanded capabilities: The IAA aims to become a high-performing, outward-focused organisation with enhanced capabilities and expertise.

Despite these changes, some aspects will remain the same:

-The organisation’s remit and core goals will not change.

-The statutory position and duties of the Immigration Services Commissioner will remain intact.

-The focus on protecting vulnerable individuals and ensuring high-quality immigration advice across the UK will continue.

It’s worth noting that this transformation builds on the legacy and knowledge of the OISC and is part of a project that began in 2022.

 How will IAA ensure the quality of immigration advice?

The Immigration Advice Authority (IAA) will ensure the quality of immigration advice through several key measures:

Enhanced workforce and capabilities: The likely indicating an increase in staff numbers and expertise. This expanded team will be better equipped to monitor and regulate immigration advisors.

Strengthened processes: The IAA will implement improved processes to carry out its functions more effectively. These strengthened processes will likely include more robust methods for admitting immigration advisors into its regulatory scheme and maintaining the register of advisors.

Continued regulation: The IAA will continue to regulate immigration advisors in accordance with the Commissioner’s Code of Standards. This ensures that advisors meet specific quality benchmarks.

Enforcement actions: The IAA will maintain the power to take enforcement action against regulated organisations or advisors identified as acting improperly and can prosecute those who provide advice while unregulated.

Complaint handling: The IAA will continue to receive and address complaints about immigration advisors, regardless of whether they are regulated by the IAA or not.

Promoting good practice: The Immigration Services Commissioner will retain the statutory duty to “promote good practice by those who provide immigration advice or immigration services“. This ongoing commitment to promoting best practices will help maintain and improve the quality of advice across the sector.

Maintaining focus on vulnerable individuals: The IAA will continue to prioritise protecting vulnerable individuals from unregulated advisors while ensuring the provision of high-quality immigration advice across the UK.

By implementing these measures, the IAA aims to become a high-performing, outward-focused organisation that can effectively regulate and improve the quality of immigration advice in the UK.

 What measures will the IAA take to ensure advisors remain fit and competent?

The Immigration Advice Authority (IAA) will likely maintain and potentially enhance the measures previously used by the OISC to ensure advisors remain fit and competent. These measures include:

Continuing Professional Development (CPD): Advisors will be required to comply with the Commissioner’s CPD scheme, ensuring they stay up-to-date with changes in law and procedures.

Regular audits: The IAA will conduct periodic audit-based inspections of registered advisors before they can renew their annual registration. These audits will examine client files to assess advisor competence.

Competence assessments: The IAA will continue to require advisors to take formal competence assessments to demonstrate their knowledge and ability to apply it to client situations.

Fitness checks: The IAA will continue to assess advisors’ fitness including their history of honesty, legal compliance, and financial probity.

Code of Standards compliance: Advisors will be required to comply with the Commissioner’s Code of Standards, which sets out the standards they must meet.

Complaint investigations: The IAA will investigate complaints about registered organisations, which can lead to competence reviews.

Supervision plans: The IAA will continue to allow advisors to work under supervision to prepare for higher advice levels or new categories of work, subject to approval.

Enhanced workforce: With the IAA’s “enhanced” workforce, there may be increased capacity for monitoring and ensuring advisor competence.

These measures aim to maintain high standards of immigration advice and protect vulnerable individuals seeking such services.

 How will the IAA handle complaints about immigration advisors?

The Immigration Advice Authority (IAA) will handle complaints about immigration advisors through the following process:

Complaint submission: Individuals can submit complaints directly to the IAA about licensed immigration advisors.

Investigation: The IAA will investigate all complaints received.

Referral to Tribunal: If warranted, the IAA can refer complaints to the Immigration Advisors Complaints and Disciplinary Tribunal for further action.

Timeframe: The IAA aims to complete 80% of complaints within 95 working days of receiving them, though this duration may vary depending on the complexity of the case.

Enforcement actions: The IAA has the authority to take enforcement actions against regulated organisations or advisors found to be acting improperly.

Prosecution: The IAA can prosecute individuals who provide immigration advice while unregulated.

Complaint handling for unregulated advisors: The IAA will also address complaints about immigration advisors who are not regulated by the IAA.

Online portal: The IAA provides an online portal for a more convenient way to submit complaints.

This complaint handling process aims to maintain high standards of immigration advice and protect individuals seeking such services.

 What are the main differences in the registration process between IAA and OISC?

There are no significant differences in the registration process between the Immigration Advice Authority (IAA) and the Office of the Immigration Services Commissioner (OISC).

The IAA is simply a rebranding, which will take effect on January 16, 2025. The core registration process is expected to remain largely the same, with only minor changes:

Name and branding: Applications will be made to the IAA instead of the OISC.

Online portal: The IAA will introduce a new online portal for applications, replacing the current OISC portal.

Updated forms: Application forms will likely feature new IAA branding and logos.

The fundamental aspects of the registration process are expected to remain unchanged:

-Applicants will still need to complete an application form and competence statement.

-The three-level registration system (Levels 1, 2, and 3) will likely be maintained.

-Applicants will still need to pass competence assessments.

-Registration fees will still apply, with exemptions for non-profit organisations.

-Annual registration renewal will continue to be required.

It’s important to note that the IAA will continue to focus on ensuring high-quality immigration advice and protecting vulnerable individuals, maintaining the core goals of the OISC.

 What should the current OISC advisors do to transition to IAA?

Current OISC advisors do not need to take any specific actions to transition to the Immigration Advice Authority (IAA).

Here’s what advisors should know:

Automatic transition: Existing OISC registrations will automatically transfer to the IAA.

Continued validity: Current OISC registrations will remain valid under the IAA.

Renewal process: The annual registration renewal process will remain the same.

Competence requirements: There are no indications of changes to competence requirements or assessment processes.

Online portal: Advisors will need to familiarise themselves with a new IAA online portal for applications and renewals, replacing the current OISC portal.

Branding updates: Advisors should be prepared to update any references to OISC in their materials to IAA after the transition date.

While no specific actions are required, advisors should stay informed about any announcements from the IAA regarding potential changes to processes or requirements as the transition date approaches.

 What training programs are available to help OISC advisors transition to IAA?

There is no specific training programs designed to help OISC advisors transition to the Immigration Advice Authority (IAA). This is because the transition from OISC to IAA, is primarily a rebranding exercise rather than a fundamental change in the regulatory system.

Existing OISC advisors will automatically transition to the IAA without needing to take any specific actions. Their current registrations will remain valid under the IAA. However, advisors can continue to use existing training resources to maintain and improve their skills.

HJT Training offers courses for all levels of IAA (formerly OISC) accreditation, which will likely remain relevant under the IAA.

For information on the upcoming IAA training courses with HJT, visit here

Advisors should stay informed about any announcements from the IAA regarding potential changes to processes or requirements as the transition date approaches. However, based on the current information, no specific transition training appears to be necessary.

We will keep our readers informed with any further on-going developments as they surface.

Written By Shareen Khan, Legal Content Writer 

Email: enquiries@hjt-training.co.uk  or call us on 075 4416 4692

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