Office Of The Immigration Services Commissioner
1. Applications
1.1 Application for Registration
To process your application, we must process your personal data. When you apply for registration you must complete the relevant forms:
- Application for Registration
- New Adviser Application and Competence Statement
What personal data do we process?
When applying for registration you must provide us with:
- data relating to the organisation
- data relating to the individual advisers
To find out more about what data we process about organisations please click here.
To find out more about what data we process about advisers please click here.
To find out more about what data we process about owners and trustees please click here.
Why do we process your personal data?
Under section 83(5)(a) of the Immigration and Asylum Act 1999 (as amended), we have a statutory duty to ensure that those who provide immigration advice and/or services are fit and competent to do so.
Under Schedule 6, paragraph 2 of the Immigration and Asylum Act 1999 (as amended), you must be registered if we consider you are fit and competent to provide immigration advice and/or services.
We must therefore process your data in the following ways to determine and ensure that you are fit and competent to provide immigration advice and/or services.
Therefore, as a public body, it is necessary for us to process your data in the following ways for the exercise of official authority vested in us (Article 5 GDPR).
As part of your application, we will process special category data (Article 9 GDPR). The processing of this data is necessary for reasons of substantial public interest, as the Immigration and Asylum Act 1999 (as amended) imposes a statutory duty on us to ensure that those who provide immigration advice and/or services are fit and competent to do so.
Processing this data forms part of our assessment as to whether you are fit and competent to provide immigration advice and/or services.
Some declarations in the application form relate to criminal convictions. As such, we are effectively processing personal data relating to criminal convictions and offences (Article 10 GDPR).
We also require a DBS check for every adviser as part of the application. As such, this is also considered processing personal data relating to criminal convictions and offences (Article 10 GDPR).
The processing of this data is necessary for reasons of substantial public interest, as the Immigration and Asylum Act 1999 (as amended) imposes a statutory duty on us to ensure that those who provide immigration advice and/or services are fit and competent to do so.
Processing this data forms part of our assessment as to whether you are fit to provide immigration advice and/or services.
How do we process your personal data?
Your data is provided to us when you submit your completed application form. Once you submit the completed form to us, we update our case management system accordingly and store any hard copy application forms in secure lockable cabinets in the office.
Hard copy application forms are then scanned into our case management system. They are then securely destroyed.
To find out more about how we retain data please click here.
Sharing your data outside the OISC:
HJT Training Limited
Advisers name, date of birth and email address are shared with HJT Training Limited who administer the OISC competence assessments.
Your data will be shared with them so that they can enter you into the relevant OISC competence assessment, issue you with your candidate number and issue you with your assessment results.
The purpose for sharing this data is to enter you into our competence assessments process. Sitting the competence assessments are a way in which we assess your competence to provide immigration advice and/or services at the level you have applied for.
Disclosure and Barring Service
Your personal data will be shared with DBS so that they can do the necessary checks on you to verify whether you have any unspent convictions, cautions, reprimands, warnings, etc.
The purpose of this is to verify that what you have declared in your application form is true and to ensure that you are fit to provide immigration advice and/or services.
Home Office
The OISC Intelligence team will conduct vetting checks on advisers/organisations to ensure they are fit and competent to provide immigration advice and/or services.
As part of this the organisations name and address, advisers name, date of birth, Home Office reference number(s) and the information from the declarations in the application form will be shared with the Home Office.
This will also include the Home Office checking whether you are permitted to stay and work in the UK.
To find out more about what data the OISC Intelligence team processes please click here.
Other organisations
If you are declaring to be a solicitor, barrister and/or member of CILEx, your personal data will be shared with the SRA, BSB and CILEx to verify this.
Declarations
If you have answered Yes to any of the declarations, your data will be shared with external organisations to verify your answer.
An example of this is if you declare you have been involved in the running of any other business or are employed at another organisation, we will contact this organisation to verify your answer.
Section 93 Immigration and Asylum Act 1999 (as amended)
There is nothing preventing a person from giving us information that is necessary for the discharge of our functions (i.e. to determine whether you are fit and competent).
Therefore, when we request information from other organisations to determine whether you are fit and competent, they can give us any information that is necessary for us to do so.
1.2 Application for Continued Registration
To process your application, we must process your personal data. When you apply for continued registration you must complete the relevant form:
- Application for Continued Registration (Repeat Registration)
What personal data do we process?
As you are applying for continued registration, we would already hold data from your initial application for registration.
To find out more about what data we process about organisations please click here.
To find out more about what data we process about advisers please click here.
To find out more about what data we process about owners and trustees please click here.
Why do we process your personal data?
Under section 83(5)(a) of the Immigration and Asylum Act 1999 (as amended), we have a statutory duty to ensure that those who provide immigration advice and/or services are fit and competent to do so.
Under Schedule 6, paragraph 3 of the Immigration and Asylum Act 1999 (as amended), we determine intervals where a person must submit an application for their registration to be continued.
We will continue your registration only if you are fit and competent to provide immigration advice and/or services.
We must therefore process your data in the following ways to determine and ensure that you are fit and competent to provide immigration advice and/or services.
Therefore, as a public body, it is necessary for us to process your data in the following ways for the exercise of official authority vested in us (Article 5 GDPR).
As part of your application, we will process special category data (Article 9 GDPR). The processing of this data is necessary for reasons of substantial public interest, as the Immigration and Asylum Act 1999 (as amended) imposes a statutory duty on us to ensure that those who provide immigration advice and/or services are fit and competent to do so.
Processing this data forms part of our assessment as to whether you are fit and competent to provide immigration advice and/or services.
How do we process your personal data?
As you are applying for continued registration, you would have provided us with your personal data when you initially applied for registration.
When you submit the completed form to us we update our case management system accordingly and store any hard copy application forms in secure lockable cabinets in the office.
Hard copy application forms are then scanned into our case management system. They are then securely destroyed.
To find out more about how we retain data please click here.
Multiple Applications
You may need to submit multiple applications at the same time depending on your circumstances. Please read the relevant guidance notes