The Immigration and Nationality (Cost Recovery Fees) Regulations 2012

Citation, commencement and interpretation

2.  In these Regulations—

“the 1971 Act” means the Immigration Act 1971(1);

“the 1981 Act” means the British Nationality Act 1981(2);

“the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 1982(3);

“the 1999 Act” means the Immigration and Asylum Act 1999(4)

“the 2007 Act” means the UK Borders Act 2007(5)

“the 2011 Order” means the Immigration and Nationality (Fees) Order 2011;

“application for registration or naturalisation” means—

(a)

an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act;

(b)

an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act;

(c)

an application for registration as a British citizen under section 1(3)(6), (3A)(7) or (4), 3(1), (2)(8) or (5)(9) , 4(2) or (5), 4A(10), 4B(11), 4D(12), 10(1)(13) or (2)(14), or 13(1) or (3) of, or paragraph 3(15), 4(16) or 5 of Schedule 2 to, the 1981 Act;

(d)

an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 1997(17);

(e)

an application for registration as a British overseas territories citizen under sections 13(1) or (3) of the 1981 Act (as applied by section 24(18) of that Act), or 15(3)(19) or (4)(20), 17(1)(21), (2)(22) or (5)(23), or 22(1)(24) or (2)(25) of, or paragraph 3, 4 or 5 of Schedule 2 to, that Act;

(f)

an application for registration as a British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act;

(g)

an application for registration as a British protected person under article 7 of the 1982 Order(26); or

(h)

an application for registration as a British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;

“biometric immigration document” has the same meaning as in section 5 of the 2007 Act;

“CESC national” means a person who is a national of a state which has ratified the European Social Charter, agreed by the Council of Europe at Turin on 18th October 1961(27);

“child” means a person under the age of 18;

“dependant” in respect of a person means—

(a)

the spouse, civil partner or unmarried or same-sex partner; or

(b)

a child,

of that person;

“entry clearance” has the same meaning as in section 33(1) of the 1971 Act(28), as extended to the Channel Islands(29);

“immigration rules” means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the 1971 Act(30);

“leave to enter the United Kingdom” means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

“leave to remain in the United Kingdom” means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

“sponsor” means a sponsor under Part 6A of the immigration rules;

“sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a sponsor;

“transfer of conditions” means—

(a)

the fixing of a stamp, sticker or other attachment on a passport or other document issued to the applicant, which indicates that a person has been granted limited, or indefinite, leave to enter or remain in the United Kingdom; or

(b)

the issuing of a biometric immigration document to replace a stamp, sticker or other attachment on a passport or other document issued to the applicant, which indicated a person had been granted limited, or indefinite, leave to enter or remain in the United Kingdom;

“travel document” means a document, other than a passport, issued by the United Kingdom Border Agency allowing a person to travel outside the United Kingdom to persons who cannot use a passport issued by their own country;

“United Kingdom Border Agency” means the United Kingdom Border Agency of the Home Office;

“unmarried or same-sex partner” of a person means someone who is living with that person in a relationship akin to a marriage or civil partnership which has subsisted for two years or more.

(1)

1971 c. 77.

(2)

1981 c. 61.

(3)

S.I. 1982/1070.

(4)

1999 c. 33.

(5)

2007 c. 30.

(6)

Section 1(3) was amended by section 42(1) and (3) of the Borders, Citizenship and Immigration Act 2009 (c. 11).

(7)

Section 1(3A) was inserted by section 42(1) and (4) of the Borders, Citizenship and Immigration Act 2009.

(8)

Section 3(2) was amended by section 5 of, and paragraph 3(1) and (2) of Schedule 1 to, the British Overseas Territories Act 2002 (c. 8) and section 43(1) and (2) of the Borders, Citizenship and Immigration Act 2009.

(9)

Section 3(5) was amended by section 5 of, and paragraph 3(1) and (4) of Schedule 1 to, the British Overseas Territories Act 2002.

(10)

Section 4A was inserted by section 4 of the British Overseas Territories Act 2002.

(11)

Section 4B was inserted by section 12 of the Nationality, Immigration and Asylum Act 2002 (c. 41) and was amended by section 44(1), (2), (3), and (4) of, and paragraph 2(1) of Schedule 1 to the Borders, Citizenship and Immigration Act 2009.

(12)

Section 4D was inserted by section 46 of the Borders, Citizenship and Immigration Act 2009.

(13)

Section 10(1) was amended by Schedule 9 to the Nationality, Immigration and Asylum Act 2002.

(14)

Section 10(2) was amended by section 5 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002 and by section 261 of, and paragraph 73 of Schedule 27 to, the Civil Partnership Act 2004 (c. 33).

(15)

Paragraph 3 of Schedule 2 was amended by sections 1(1)(b) and 2(2) of the British Overseas Territories Act 2002 and section 8 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002.

(16)

Paragraph 4 of Schedule 2 was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.

(17)

1997 c. 20; section 1 was amended by section 2(3) of the British Overseas Territories Act 2002 and s.47(3) of the Borders, Citizenship and Immigration Act 2009.

(18)

Section 24 was amended by section 2(2) of the British Overseas Territories Act 2002.

(19)

Section 15(3) was amended by sections 1(1)(b) and 2(2) of the British Overseas Territories Act 2002.

(20)

Section 15(4) was amended by sections 1(1)(b) and 2(2) of the British Overseas Territories Act 2002.

(21)

Section 17(1) was amended by section 2(2) of the British Overseas Territories Act 2002.

(22)

Section 17(2) was amended by sections 1(1)(b) and 2(2) of the British Overseas Territories Act 2002.

(23)

Section 17(5) was amended by sections 1(1)(b) and 2(2) of the British Overseas Territories Act 2002.

(24)

Section 22(1) was amended by sections 1(1)(b) and 2(2) of the British Overseas Territories Act 2002 and Schedule 9 to the Nationality, Immigration and Asylum Act 2002.

(25)

Section 22(2) was amended by sections 1(1)(b) and 2(2) of the British Overseas Territories Act 2002, Schedule 9 to the Nationality, Immigration and Asylum Act 2002, and paragraph 77 of Schedule 27 to the Civil Partnership Act 2004 (c. 33).

(26)

S.I. 1982/1070; article 7 was amended by section 1(2) of the British Overseas Territories Act 2002 and paragraph 10(4)(a) and (b) of Schedule 1 to the Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892).

(27)

(CETS NO.:035).

(28)

The definition of “entry clearance” in section 33(1) was amended by paragraph 2 of Schedule 4 to the British Nationality Act 1981 (c. 61) and paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).

(29)

Section 33(1) was extended with modifications to the Bailiwick of Guernsey by the Immigration (Guernsey) Order 1993 (S.I. 1993/1796), and to the Bailiwick of Jersey by the Immigration (Jersey) Order 1993 (S.I.1993/1797).

(30)

Laid before Parliament on 23^rd May 1994 (HC 395).