OISC and adviser guidance re EU Free Movement

30 June 2021 marks the end of the ‘grace period’ where aspects of EU Free Movement law continues to apply and certain OISC documents have been updated to reflect the work advisers can undertake at each OISC level from 1 July 2021.

A new 2021 version of the Guidance on Competence which will come into effect on 1 July 2021 .

Changes made to the Guidance on Competence mainly relates to the ending of EU Free Movement but the OISC have taken the opportunity to update the document on policy decisions taken since the release of the 2017 document.

These include the removal of reference to travel document applications, which the OISC no longer believe is a ‘relevant matter’ subject to OISC regulation, and the addition under Asylum and Protection work at Level 1 of ‘straightforward applications for leave in line, or refugee status in line for the UK born children of refugees and people with humanitarian protection’.

The document also confirms that Level 1 advisers may make some applications for reconsideration on the basis of Nationality.

The end of the ‘grace period’ also raises questions for work permitted to be undertaken by advisers at Level 1 in Immigration and those approved only to conduct work related to the EU Settlement Scheme.

A new guidance note related to the EU Settlement Scheme has been published to advise on what work can and cannot be done by advisers from July 2021.

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