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—
- a
the Refugee Convention, or
- b
Article 3 of the Human Rights Convention,
for the claimant to be removed from, or required to leave, the United Kingdom;
- a
“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;
F4“designated qualifying regulator” has the meaning given by section 86A;
“immigration advice” means advice which—
- a
relates to a particular individual;
- b
is given in connection with one or more relevant matters;
- 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
- d
is not given in connection with representing an individual before a court in criminal proceedings or matters ancillary to criminal proceedings;
- a
“immigration services” means the making of representations on behalf of a particular individual—
- a
in civil proceedings before a court, tribunal or adjudicator in the United Kingdom, or
- b
in correspondence with a Minister of the Crown or government department,
in connection with one or more relevant matters;
- a
“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—
- a
a claim for asylum;
- b
an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom;
- ba
F1 an application for an immigration employment document;
- c
unlawful entry into the United Kingdom;
- d
nationality and citizenship under the law of the United Kingdom;
- e
F5...
- f
F5...
- g
F5...
- h
removal or deportation from the United Kingdom;
- i
an application for bail under the Immigration Acts or under the M3Special Immigration Appeals Commission Act 1997;
- 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...
- a
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.