Part V Immigration Advisers and Immigration Service Providers

Interpretation

82 Interpretation of Part V.

1

In this Part—

  • claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under—

    1. a

      the Refugee Convention, or

    2. b

      Article 3 of the Human Rights Convention,

    for the claimant to be removed from, or required to leave, the United Kingdom;

  • the Commissioner” means the Immigration Services Commissioner;

  • the complaints scheme” means the scheme established under paragraph 5(1) of Schedule 5;

  • designated judge” has the same meaning as in section 119(1) of the M1Courts and Legal Services Act 1990;

  • designated professional body” has the meaning given by section 86;

  • F4designated qualifying regulator” has the meaning given by section 86A;

  • immigration advice” means advice which—

    1. a

      relates to a particular individual;

    2. b

      is given in connection with one or more relevant matters;

    3. c

      is given by a person who knows that he is giving it in relation to a particular individual and in connection with one or more relevant matters; and

    4. d

      is not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings;

  • immigration services” means the making of representations on behalf of a particular individual—

    1. a

      in civil proceedings before a court, tribunal or adjudicator in the United Kingdom, or

    2. b

      in correspondence with a Minister of the Crown or government department,

    in connection with one or more relevant matters;

  • Minister of the Crown” has the same meaning as in the Ministers of the M2Crown Act 1975;

  • qualified person” means a person who is qualified for the purposes of section 84;

  • registered person” means a person who is registered with the Commissioner under section 85;

  • relevant matters” means any of the following—

    1. a

      a claim for asylum;

    2. b

      an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;

    3. ba

      F1 an application for an immigration employment document;

    4. c

      unlawful entry into the United Kingdom;

    5. d

      nationality and citizenship under the law of the United Kingdom;

    6. e

      F5...

    7. f

      F5...

    8. g

      F5...

    9. h

      removal or deportation from the United Kingdom;

    10. i

      an application for bail under the Immigration Acts or under the M3Special Immigration Appeals Commission Act 1997;

    11. j

      an appeal against, or an application for judicial review in relation to, any decision taken in connection with a matter referred to in paragraphs (a) to (i); F2...

  • F2...

2

In this Part, references to the provision of immigration advice or immigration services are to the provision of such advice or services by a person—

a

in the United Kingdom (regardless of whether the persons to whom they are provided are in the United Kingdom or elsewhere); and

b

in the course of a business carried on (whether or not for profit) by him or by another person.

F33

In the definition of “relevant matters” in subsection (1) “immigration employment document” means—

a

a work permit (within the meaning of section 33(1) of the Immigration Act 1971 (interpretation)), and

b

any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.