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;

“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;

F1“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;

“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;

“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)

F2an application for an ETA (within the meaning of section 11C of the Immigration Act 1971 (electronic travel authorisations));

(c)

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

(d)

F3 an application for an immigration employment document;

(e)

unlawful entry into the United Kingdom;

(f)

nationality and citizenship under the law of the United Kingdom;

(g)

F4...

(h)

F4...

(i)

F4...

(j)

removal or deportation from the United Kingdom;

(k)

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

(l)

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); F5...

F5...

(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.

F6(3)

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.