Do Immigration Advisors Need DBS Checks?

Immigration advisors help to provide guidance on immigration-related matters. These professions are regulated by the Office of the Immigration Services Commissioner (OISC) and must meet the standards set out by this government body. 

While immigration advisors are required to meet several standards before being fit to perform this work, do they need to obtain a DBS Check as well? We answer this and much more in this blog. 

What do Immigration Advisors do? 

Immigration advisors provide advice on immigration-related matters such as:

• Asylum claims
• Applications to enter or remain in the UK
• Illegal entry into the UK 
• Nationality and citizenship 
• Deportation or removal
• Bail applications and appeals against deportation
• Nationality
• Citizenship 
• Residency 

Immigration advisors can also specialise in certain areas such as asylum and protection cases or business immigration. Some offer their services for free, while others charge a fee. Immigration officers are registered individuals who can only provide advice at the level at which they’re registered:

• Level 1 – Advice & assistance at a basic level within Immigration Rules. 
• Level 2 – Casework such as those outside the rules of immigration. 
• Level 3 – Advocacy & representation in appeals

Who regulates Immigration Advisors? 

Immigration advisors must register with the OISC. This regulatory body is a governmental organisation created by the Immigration and Asylum Act 1999. Its purpose is to oversee the provision of immigration advice within the UK. 

The OISC sets out certain standards that immigration advisors must meet, such as:

• Be fit and competent to provide immigration services
• Remain up-to-date with current immigration knowledge 
• Have insurance against giving poor advice

Immigration advisors or their employers have to be registered with the OISC or be covered by the Immigration and Asylum Act. Otherwise, they are acting illegally. For a list of registered and regulated organisations, consult The Register of Regulated Immigration Advisors. 

Do Immigration Advisors need to get a DBS Check? 

DBS checks are criminal background checks that highlight whether individuals have any convictions against their name. They’re used by employers and regulatory bodies in order to determine whether an individual is a good fit for a job or should be admitted to the regulatory authority. 

So, do Immigration Advisors need to get a DBS check? The short answer to this question is yes, they do. When immigration advisors apply to register with the OISC, they must submit a copy of a DBS check dated within six months of the application.