OISC L2 Practice Question - Ji-won & Nari - with answers
The document is a practice question for OISC Level 2 immigration advisers centred on a fact pattern involving Ji‑won, a 25‑year‑old British/South‑Korean dual national studying in the UK, and his South‑Korean wife Nari, who is two months pregnant and wishes to join him. The content provides a model answer that outlines: (a) the appropriate visa route – a partner application under Appendix FM – and the online application procedure, fees and health surcharge; (b) the full set of suitability and eligibility requirements, including genuine relationship, age, marriage, in‑person meeting, language proficiency, adequate accommodation, and the £18,600 financial threshold, noting the need for six months of bank statements/payslips and the possibility of relying on prospective income under GEN.3.1 with exceptional‑circumstances arguments; (c) the type of leave that would be granted on success (33 months limited leave to remain with work permission, leading to a 10‑year settlement route, with an optional switch to a 5‑year route); (d) an assessment of the prospects for success, highlighting poor chances without exceptional circumstances and the lack of a child’s best‑interest consideration; (e) the legal remedy of appeal to the First‑Tier Tribunal under s.82(1)(b) NIAA 2002 within 28 days; (f) alternative recommendations such as waiting until six months of financial evidence are available. The second question introduces a relevant child, Katy, from a previous relationship, explaining how her best‑interest considerations affect the application and may support an ‘unduly harsh consequences’ argument. The third question addresses professional conduct, explaining the adviser’s duty of confidentiality to Ji‑won, the emergence of a conflict if Nari becomes a client, and the need to disclose the relevant child to Nari for her informed consent and the integrity of the application.
Topics
Partner Visa under Appendix FM: Application Procedure and Fees
Details the correct visa route for Nari, the online submission process, the £1,538 application fee and £1,872 health surcharge, and the timing considerations.