OISC L2 Practice Question - Masego - with answers
This document is a practice paper for the OISC Level 2 immigration exam, focusing on a case study of Masego, a 28‑year‑old Botswana national who has lived in the UK for ten years on a student visa, a skilled‑worker visa and a partner visa. The paper asks candidates to identify the appropriate application (indefinite leave to remain under Appendix Long Residence), list the main eligibility requirements (ten years lawful residence, no disqualifying visa categories, continuity of residence limits, English B1, Life in the UK test, etc.), analyse how a seven‑month compassionate absence for her father's illness and death interacts with the continuous‑residence rules (CR 3.3, CR 3.4(c), CR 4.1(d)(iii)), and advise on the evidence needed (death certificate, medical records, care evidence). A secondary scenario about Festus, who overstayed for three months due to hospitalisation, requires advice on how the overstaying period is treated under the suitability and continuity rules (CR 4.1(d)(i), LR 11.2(b)). The document provides model answers, rule citations, and optional bonus points for deeper knowledge.
Topics
Application Pathway: Indefinite Leave to Remain via Appendix Long Residence
Identifies that Masego can apply directly for ILR under the Appendix Long Residence route, bypassing other routes.
Eligibility Checklist for Long Residence under Appendix Continuous Residence
Details the eight‑point criteria Masego must satisfy: ten years lawful residence, no disqualifying visa categories, no periods of immigration bail or overstaying counted, holding current permission >12 months, meeting continuous‑residence limits (184 days per absence, 548 days total), English B1, Life in the UK test.
Compassionate Absence Exception and Required Evidence
Explains how a seven‑month absence for caring for a terminally ill parent can be exempted under CR 3.4(c), and lists the documentary evidence (father’s death certificate, medical records, care evidence) needed to support the claim.
Continuity of Residence Gaps and Permission Overlap Rules
Analyzes the brief period between the expiry of Masego’s skilled‑worker visa and the grant of her partner visa, referencing CR 4.1(d)(iii) which allows continuity if the applicant had permission when leaving and on return, provided absence limits are respected.
Festus Overstaying Exception and Impact on Long Residence Qualification
Advises Festus that his three‑month overstaying due to hospitalisation falls under the suitability exception (CR 4.1(d)(i)) and does not break continuity, but the overstayed period cannot be counted towards the ten‑year qualifying period (LR 11.2(b)), while lawful periods on either side can be counted.