Do immigration advisers need DBS Checks?

Immigration advisers are regulated by the Office of the Immigration Services Commissioner (OISC), and have to meet a variety of criteria in order to be registered to provide immigration advice.

But do you need a DBS Check to be an immigration adviser? Find out in our latest blog…

 

What do immigration advisers do?

First things first – let’s look at what immigration advisers actually do.

As the title suggests, immigration advisers provide advice on immigration. They can help with most matters relating to immigration, including:

  • Claims for asylum
  • Applications for entry clearance or leave to enter or remain in the UK
  • Immigration employment documents
  • Deportation or removal
  • Bail applications and appeals against deportation
  • Residence
  • Nationality
  • Citizenship

Some immigration advisers specialise in particular areas – for example, asylum and protection cases, or business immigration. Some charge a fee, while others offer free advice.

Advisers can be registered to give advice at three different levels:

  • Level 1: Basic immigration advice within the Immigration Rules
  • Level 2: More complex casework, including applications outside the Immigration Rules
  • Level 3: Appeals

Immigration advisers do not make immigration decisions – they can only give advice.

 

How are immigration advisers regulated?

Immigration advisers are regulated by the OISC, a government body that was established by the Immigration and Asylum Act 1999 to regulate the provision of immigration advice in the UK.

It’s a criminal offence to provide immigration advice or services in the UK unless your organisation is registered with the OISC, or is otherwise covered by the Immigration and Asylum Act. 

The OISC ensures that registered immigration advisers meet certain standards. For example, they must:

  • Be fit and competent to provide immgration advice
  • Keep their immigration knowledge up-to-date
  • Carry insurance against giving poor advice

The Register of Regulated Immigration Advisers is a list of all organisations that are regulated by the OISC.

 

Do immigration advisers need DBS Checks?

Now let’s get to the question on everyone’s lips: do immigration advisers need DBS Checks?

The answer is yes – when applying to the OISC for registration, prospective immigration advisers must provide a copy of a DBS certificate dated within six months of the application.

 

What level of DBS Check are immigration advisers eligible for?

The DBS eligibility guidance states that ‘individuals required to be registered by the Immigration Services Commissioner to provide immigration advice or services, not in connection with criminal proceedings’ are eligible for an Enhanced DBS Check in the ‘Other Workforce’ category.

Immigration advisers do not carry out regulated activity, so they’re not eligible for a check of the barred lists.

The immigration adviser’s employer must apply for the DBS Check on their behalf – Enhanced Checks aren’t available to individuals. 

 

How to obtain an Enhanced DBS Check

Employers can apply for DBS Checks through registered umbrella companies, like uCheck.

You can apply for Enhanced Checks through our simple online platform – most checks are complete within 48 hours.

Get in touch with us to find out more, or get started now.

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Our blogs are advisory in nature and reflect uCheck Limited’s current thinking about best and common practice in the subjects discussed.

The information contained in our blogs have been provided for information purposes only. This information does not constitute legal, professional, or commercial advice. Whilst every care has been taken to ensure that the content is up to date, useful and accurate, uCheck gives no guarantees, undertakings, or warranties in this regard, or, for any loss or damage caused arising directly or indirectly in connection with reliance on the use of such information.

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