Office Of The Immigration Services Commissioner
The ACRS provides a safe and legal way for some of the most vulnerable and at-risk people from Afghanistan to come to the UK. This operational update sets out how and why referrals made in the scheme do not fall under OISC regulation.
Pathways
The ACRS sits outside of the immigration rules. There is no application process for the ACRS. Instead, eligible people will be prioritised and referred for resettlement under one of three pathways. Further detail on the three pathways is set out here:Afghan Citizens Resettlement Scheme.
A new pathway under the ACRS opened on the 30 July 2024 and is due to close on 30 October 2024. The ACRS Pathway 1 Separated Families is an extension of Pathway 1 of the ACRS aimed at immediate family members of those evacuated to the UK without them. Under ACRS Separated Families, individuals in the UK first make a referral to the Home Office on behalf of their family members which is assessed by the Home Office to ensure that they meet the eligibility criteria. If family members meet the criteria, they will visit a Visa Application Centre (VAC) to apply for a visa. For further information please refer to the following link: ACRS pathway 1 stage 2: separated families: caseworker guidance - GOV.UK (www.gov.uk).
Referrals
Individuals in the UK have to complete a referral form and send it to the Home Office for assessment. The referral form is not a visa application and confirmation of eligibility does not constitute an immigration decision.
The Office of the Immigration Services Commissioner (OISC) has considered referrals made under ACRS Pathway 1 Stage 2: Separated Families and he is satisfied that they are not relevant matters as defined by the Immigration and Asylum Act 1999 (as amended) and therefore do not fall for regulation. This means individuals or organisations do not have to be regulated to provide assistance in completing referral forms.
Please note that those providing assistance with completion of the form must ensure that they do not stray into providing immigration advice and/or services as defined by the Immigration and Asylum Act 1999 (as amended) unless they are regulated.
Post Referral
Individuals who are deemed eligible under the scheme will be supported by the International Organization for Migration (IOM) to make their visa application whilst they are overseas, and as such should not require independent advice or services f