AH - SAMPLE L3 QUESTION AND MODEL ANSWERS NOV 15
This document is a Level 3 immigration examination paper used for OISC (Office of the Immigration Services Commissioner) training, complete with detailed mark schemes and model answers. It presents a client scenario involving Fatima, a Sierra‑Leone national who arrived in the UK as a student, later married a British citizen, and now seeks advice after separating from her husband. The paper is divided into four parts, each containing exam questions that require candidates to draft letters, file notes, procedural advice, and a skeleton argument. Model answers illustrate how to advise Fatima on: (1) applying for further leave as a parent of a British‑citizen child, including suitability and financial‑requirement exceptions; (2) fee remission and public‑funds considerations; (3) alternative routes such as a 10‑year long‑residence ILR application and a derivative residence card under EU law; (4) the pros and cons of each route; (5) appeal rights, timelines, and procedural steps if an application is refused; and (6) a full skeleton argument citing relevant case law (e.g., Ruiz Zambrano, Razgar, ZH (Tanzania), Sanade). The mark scheme allocates points for structure, legal accuracy, evidential requirements, and use of authorities. The document serves both as an assessment tool and a teaching resource for immigration practitioners.
Topics
Client Scenario: Fatima’s Immigration History and Current Circumstances
Facts about Fatima’s arrival as a student, subsequent partner leave, birth of a British child, separation from her British husband, and financial destitution.
Parent‑Category Leave Application Advice
Legal basis for applying as the parent of a British‑citizen child, suitability criteria, financial‑requirement exception (EX1), best‑interest considerations, and merits of the route.
Fee Remission, Health‑Surcharge Waiver and Public‑Funds Access
Advice on applying for fee and surcharge remission on destitution grounds and requesting that the grant of leave does not prohibit recourse to public funds.
Long‑Residence (10‑Year) ILR Application Pathway
Procedural guidance for a 10‑year continuous lawful residence application under para 276B, timing, required documents (Life in the UK test, SET(LR) form), and public‑interest considerations.
EU Derivative Residence Card (Reg 15A/18A) Considerations
Potential to rely on EU law (Reg 15A(4A), Ruiz Zambrano) where Fatima is the primary carer of a British child and the father’s health prevents care, including evidential thresholds.
Appeal Rights, Timelines and Procedural Steps after Refusal
Explanation of the 14‑day appeal window under Rule 19, First‑Tier Tribunal jurisdiction, and options when a 10‑year residence point is reached during the appeal.
Skeleton Argument Drafting Guidance and Sample
Structure, headings, legal arguments, and case‑law citations (Razgar, Ruiz Zambrano, ZH (Tanzania), Sanade, S117B(6)) for a robust appeal submission.