OISC L2 Practice Question - Arben - with answers
This document is a practice question for OISC Level 2 immigration advisers, presenting a fictional client, Arben, a 25‑year‑old Albanian national who has lived in the UK since age 7. Arben has a 5‑year‑old son, Niko, with a Japanese ex‑partner, Hiromi, who currently lives with her British partner Aidan. Arben cares for Niko but has no settled status and faces imminent loss of his current accommodation. The paper poses four exam‑style questions and provides model answers: (1) which rules‑based immigration applications Arben can make, detailing Private Life (Appendix Private Life) and Parent (Appendix FM) routes and the specific statutory provisions (PL 5.1(b), PL 8.1, GEN 3.2, Section 55 of the 2009 Act, Article 8, Article 7 UNCRC); (2) the strongest aspect of his case, emphasizing Niko’s best interests and the ‘unduly harsh consequences’ test; (3) a recommendation to pursue a Parent application under Appendix FM, explaining why it is more viable; and (4) a comprehensive evidence checklist to support the application, covering personal statements, birth certificates, passports, school and medical records, and country‑specific information on Albania. The document is intended as a study aid, not a full exam paper.
Topics
Case Background: Arben’s Personal and Family Situation
Details of Arben’s age, nationality, residence history, family members, and living arrangements, including his son Niko, ex‑partner Hiromi, and cousin landlord.
Applicable Immigration Routes: Private Life (Appendix Private Life) and Parent (Appendix FM) Options
Explanation of the two primary routes Arben could pursue, outlining the criteria for each and why they are relevant to his circumstances.
Key Legal Provisions Cited in the Advice
Specific statutory references used to support the applications: PL 5.1(b), PL 8.1, GEN 3.2, Section 55 of the 2009 Act, Article 8 of the ECHR, and Article 7 of the UNCRC.
Strength of the Case: Niko’s Best Interests and Unduly Harsh Consequences
Discussion of why the relationship with Niko and the child’s best‑interest considerations constitute the strongest argument for Arben’s success.
Recommended Application Strategy: Parent Route under Appendix FM
Rationale for advising Arben to submit a Parent application, including how GEN 3.2 can bypass financial and status requirements and why it outweighs a Private Life claim.
Evidence Checklist to Support the Application
Comprehensive list of documentary evidence needed, such as personal statements, birth certificates, passports, school and medical records, and country‑specific information on Albania.