OISC Level 3 Immigration Assessment November 2021
The document is the full Level 3 (82‑mark) open‑book immigration law examination paper used by the Office of the Immigration Services Commissioner (OISC) in November 2021, together with a complete model answer key. It begins with candidate instructions, then presents three multipart case studies – (1) Alexandra, a Russian partner of a settled South African, who faces separation and domestic abuse; (2) Isabel, a Spanish mother seeking to confirm her son Jordi’s right to live in the UK as the child of a British‑national father; (3) Sara, a Slovenian EU citizen who applied under the EU Settlement Scheme and was granted limited leave only. For each case the exam asks candidates to identify relevant immigration rules (Appendix FM, BNA 1981, EU Settlement Scheme provisions), advise on possible applications (parent route, domestic‑abuse victim route, British passport, administrative review, appeal), outline required evidence, discuss advantages/disadvantages, and draft client correspondence, skeleton arguments and oral submissions. The model answer provides detailed legal analysis, statutory citations, case law (e.g., ZH (Tanzania), Razgar, MY (Pakistan)), procedural guidance (administrative review, First‑Tier Tribunal appeal, reform‑online filing), fee information, and professional‑conduct advice regarding fraudulent documents. The paper tests candidates’ ability to apply immigration rules, procedural rules, and ethical standards in realistic client scenarios.
Topics
Partner Leave, Relationship Breakdown and Domestic Abuse Options (Alexandra)
Analyzes Alexandra’s partner‑route leave, the effect of a non‑subsisting relationship, immediate reporting duties, and the two main post‑breakdown routes – parent leave and victim‑of‑domestic‑abuse ILR – with statutory requirements, financial tests, English language, human‑rights considerations, and fee implications.