LAST REVIEWED: MAY 2026
TL;DR- OISC authorisation is granted at Level 1, Level 2 or Level 3.
- Each level defines the complexity of casework an adviser may handle.
- Level 1 covers initial advice and straightforward applications only.
- Level 3 covers Tribunal advocacy and judicial review preparation.
Knowing which OISC level an adviser holds is the difference between hiring someone who can lawfully handle a case and someone who cannot. This guide explains what each of the three levels covers, where the boundaries fall, and how to check the right level before instructing.
Why the Level System Exists
When the Office of the Immigration Services Commissioner was set up under the Immigration and Asylum Act 1999, the policy intent was to permit advice work at a level appropriate to the adviser's training and supervision. A blanket licence would have either prevented competent paralegals from doing useful work or allowed inadequately trained advisers to take on cases beyond their skill. The tiered system aims to match risk to competence.
Each level is defined by a published competence assessment. Applicants for OISC registration sit a written assessment for the level they seek, and existing advisers must demonstrate continuing competence at the level they hold. The published assessment papers and pass marks are available on the OISC website.
Firms can hold authorisation at the highest level of any individual adviser they employ, provided supervision arrangements meet the OISC Code of Standards. A small firm may hold Level 2 authorisation through a senior adviser who supervises Level 1 caseworkers, while referring Level 3 matters to a barrister or solicitor.
What Level 1 Covers
Level 1 is the entry point. An adviser at this level may take initial instructions, give general advice on the available routes, complete and submit applications that do not involve substantive interpretation of the Immigration Rules, and take basic follow-up steps such as responding to a request for further documents.
Typical Level 1 work includes a straightforward visitor visa application, an in-country leave-to-remain extension where the criteria are plainly met, a points-based system Skilled Worker application on a clear sponsorship, registration as a British citizen by descent, and certain dependant applications that follow a granted main applicant.
Level 1 does not cover refusals, appeals, applications outside the Rules, or any case involving discretion. Where a case becomes complex during a Level 1 instruction, the adviser must either refer the client to a higher-level adviser or stop work. Continuing beyond the scope of authorisation is a breach of the OISC Code of Standards and is treated seriously by the regulator.
What Level 2 Covers
Level 2 authorises complex casework including refused applications, applications outside the Rules, appeals to the First-tier Tribunal, and discretionary leave matters. A Level 2 adviser may prepare an appeal up to the point of the hearing, including drafting witness statements, instructing experts, and preparing the appellant's bundle.
The boundary between Level 1 and Level 2 is most often crossed in spouse, partner, parent, and human-rights based applications. These are common categories where the Immigration Rules require interpretation of issues like genuine relationship, sole responsibility, or insurmountable obstacles. An adviser handling such matters needs Level 2 authorisation.
Level 2 does not by itself authorise advocacy at a substantive Tribunal hearing. While many Level 2 advisers do excellent preparation work, the right of audience for a contested appeal hearing falls within Level 3 unless the firm is exempt from OISC regulation through SRA or Bar Standards Board membership.
What Level 3 Covers
Level 3 is the highest OISC level and authorises advocacy at the First-tier and Upper Tribunal, preparation of judicial review proceedings, and the most complex casework including high-risk asylum claims, trafficking, and statelessness. A Level 3 adviser holds the right of audience for OISC-regulated immigration appeals.
Many Level 3 advisers work alongside solicitors and barristers, particularly where judicial review or higher-court litigation is in prospect. Although Level 3 covers preparation for judicial review, the actual conduct of judicial review proceedings is a reserved legal activity that must be carried out by a regulated lawyer or under their supervision.
Achieving Level 3 status requires demonstrated experience and success in the written and practical assessments. The pass rate is significantly lower than for Level 1 and reflects the wider scope of permitted work and the corresponding professional risk.
How to Check Which Level Your Adviser Holds
Anyone can search the OISC register at oisc.gov.uk to confirm whether an adviser or firm is authorised. The public search returns the firm name, head-office address, the level and category of authorisation held, and the date authorisation was granted. The same record will show whether authorisation has lapsed or been withdrawn, which is important if a previous adviser's status has changed.
The GOV.UK service at gov.uk/find-an-immigration-adviser combines OISC-regulated firms with those exempt through a designated professional body, allowing a search by postcode and area of advice. This is the official combined directory and is the recommended starting point when looking for an adviser in a particular city or borough.
For solicitors, the SRA register at solicitors.lawsociety.org.uk shows the firm's authorisation, named regulated individuals, and any current restrictions or conditions. A firm appearing on the SRA register does not need a separate OISC registration to give immigration advice, because SRA-regulated solicitors are exempt under section 84(4) of the Immigration and Asylum Act 1999.
Practical Implications for Clients
Before instructing any firm, the basic checks are inexpensive and quick. Confirm regulation by searching the OISC register at oisc.gov.uk or the SRA register at solicitors.lawsociety.org.uk. Note the level of OISC authorisation, because a firm authorised only at Level 1 cannot handle a Tribunal appeal, even if it offers to refer the case on at a later stage.
Request a written client-care letter that sets out the scope of work, the named caseworker, supervision arrangements, and the basis of charging. The client-care letter is a regulatory requirement, not a courtesy, and should arrive before any payment is made beyond an agreed initial consultation fee.
Ask how the firm handles communication, especially response times to Home Office requests for further information. Immigration casework runs on short statutory deadlines, and the difference between meeting and missing a request for further evidence can be the difference between a granted and a refused application. A firm that cannot describe its process clearly at the outset is unlikely to handle the work transparently later.
Cross-check any independent ratings before relying on them. Trustpilot, Google Reviews, and similar platforms are useful as one input among several, but they do not replace the regulator's own published record. A small firm with limited online reviews may be a strong choice if its OISC and SRA records are clean and its complaints history with the regulator is satisfactory.
Further Reading on UK Immigration Regulation
For readers who want to dig deeper into the regulatory framework, the OISC publishes its Code of Standards, complaints scheme, and annual enforcement statistics on oisc.gov.uk. The Solicitors Regulation Authority publishes the SRA Code of Conduct, the SRA Accounts Rules, and the SRA Transparency Rules on sra.org.uk. The full text of the Immigration and Asylum Act 1999, including Part V which created the OISC regime, is available on legislation.gov.uk. Reading the source legislation alongside the regulator's published guidance is often the fastest way to understand where the boundaries of authorised practice fall and how each regulator has interpreted its statutory remit.
The Legal Aid Agency publishes its directory of contracted providers on gov.uk and reports annually on legal aid spending, including the volume of immigration and asylum cases supported. The Law Society maintains the Immigration and Asylum Law Accreditation Scheme and publishes the assessment criteria on its website. The Immigration Law Practitioners' Association is a long-established membership body for immigration lawyers and publishes practitioner guidance and policy commentary on ilpa.org.uk. Each of these resources provides a different angle on the immigration adviser market, and together they support a more informed decision when comparing firms or assessing the advice received in a current matter.
For the underlying statistics on immigration decisions, the Home Office publishes quarterly immigration statistics on gov.uk, which include data on visa grants, refusals, appeals, and removals. These statistics provide important context when assessing how often particular categories of application are refused and how often refusals are overturned on appeal. Combined with regulator data on the adviser market, the statistics give a fuller picture of how UK immigration casework operates in practice. The tribunals service also publishes its own statistics covering immigration appeals, including allowance rates by category and average waiting times, which is useful context for any conversation with an adviser about case timetables and realistic expectations.
How Regulator Decisions Are Published and Where to Read Them
The OISC publishes its enforcement and disciplinary outcomes through its website, with annual reports summarising the volume of complaints received, the volume upheld, and the sanctions imposed. The reports also describe the patterns of unauthorised practice the regulator has investigated, which evolves over time as immigration policy and the adviser market change. Reading the most recent annual report alongside the public register gives a sense of both the current state of regulation and the issues the OISC is most actively pursuing.
The SRA publishes disciplinary decisions in its Solicitors Disciplinary Tribunal section, with searchable summaries of cases brought against individual solicitors and firms. The Legal Ombudsman publishes service complaint decisions covering all areas of solicitor work, including immigration, and these too are searchable by firm name. Where a firm under consideration has been the subject of recent decisions, the published summaries are a direct and authoritative source of detail about what went wrong and how the regulator or ombudsman saw the issue.
None of these published outcomes is by itself decisive. Most large firms accumulate some complaints over time and the question is whether the pattern indicates a systemic issue or a small number of isolated matters in a high-volume practice. Reading the underlying decisions, rather than relying on aggregate counts, gives a more informed view of how a firm operates in practice and how it responds when something goes wrong.
Disclaimer
The information on this page is for general guidance only and does not constitute legal advice. Kaeltripton.com is not regulated by the Solicitors Regulation Authority or authorised by the Office of the Immigration Services Commissioner. Always verify an adviser's authorisation status on the official OISC register at oisc.gov.uk before instructing them.
Frequently Asked Questions
Can a Level 1 adviser handle a refusal?
Not the appeal or reconsideration. A Level 1 adviser may help with the initial application, but once a refusal triggers an appeal or a reconsideration request that turns on interpretation of the Rules, the work falls within Level 2 or higher.
Does Level 3 mean the same as being a solicitor?
No. Level 3 is the highest OISC authorisation and covers a wide scope of immigration work, but reserved legal activities such as conducting litigation outside the immigration tribunals remain the preserve of solicitors and barristers.
Can I instruct a Level 2 adviser to argue my appeal at the hearing?
Not at the substantive hearing. Level 2 covers preparation up to the point of hearing. Advocacy at the contested appeal hearing falls within Level 3 unless the firm is exempt under SRA or Bar Standards Board regulation.
How often do advisers move between levels?
Many advisers begin at Level 1 and progress as they gain experience and pass higher assessments. The OISC register shows the date of authorisation at each level.
What happens if an adviser exceeds their authorised level?
Acting outside the level is a breach of the OISC Code of Standards. The regulator can warn, suspend, or remove the adviser, and continued unauthorised practice may be referred for criminal prosecution under section 91 of the 1999 Act.
Are levels the same across categories?
Authorisation is granted in defined categories such as immigration, asylum, and protection. An adviser may hold a higher level in one category and a lower level in another. The register shows level by category for each entry.
How This Was Verified
This article draws on the following primary sources:
