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As a result of cases referred to the BSB for consideration recently, it has come to our attention that there appears to be a gap in the understanding of the relationship between the regulatory scheme overseen by the Office of the Immigration Commissioner (OISC) and the Code of Conduct of the Bar of England and Wales (the Code of Conduct).
This appears to be in relation to both the knowledge of barristers and those immigration advisers seeking to instruct them.It appears that it is thought that if an immigration adviser is accredited to Level 2 or 3 by the OISC, that is sufficient for them to be entitled to instruct a barrister (for advice or to attend court). That of course is not the only requirement. An immigration adviser seeking to instruct counsel must:
a) Be registered to Level 2 or 3 by the OISC (depending on whether it includes an instruction to appear at a hearing); AND
b) Be a Licensed Access Client within the meaning of paragraph 401 and Annex F1 of the Code of Conduct. It is noted that the OISC website does state, under the heading “OISC Level 3: Advocacy and Representation” that work permitted at Level 3 includes:
This appears to be in relation to both the knowledge of barristers and those immigration advisers seeking to instruct them.It appears that it is thought that if an immigration adviser is accredited to Level 2 or 3 by the OISC, that is sufficient for them to be entitled to instruct a barrister (for advice or to attend court). That of course is not the only requirement. An immigration adviser seeking to instruct counsel must:
a) Be registered to Level 2 or 3 by the OISC (depending on whether it includes an instruction to appear at a hearing); AND
b) Be a Licensed Access Client within the meaning of paragraph 401 and Annex F1 of the Code of Conduct. It is noted that the OISC website does state, under the heading “OISC Level 3: Advocacy and Representation” that work permitted at Level 3 includes:
As a result of cases referred to the BSB for consideration recently, it has come to our attention that there appears to be a gap in the understanding of the relationship between the regulatory scheme overseen by the Office of the Immigration Commissioner (OISC) and the Code of Conduct of the Bar of England and Wales (the Code of Conduct).
The Chair of the Bar reports back
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Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
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Reviewed by Daniel Barnett
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