The Immigration and Nationality (Fees) Order 2015

Citation, commencement and interpretation

2.  In this Order—

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

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

“the 1997 Act” means the British Nationality (Hong Kong) Act 1997(3);

“the 1986 Order” means the Hong Kong (British Nationalities) Order 1986(4);

“approval letter” means a letter signifying approval to an application or request, from a body or a panel of individuals designated by the Secretary of State as competent to issue such letters in respect of a person making or intending to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom under the immigration rules;

“basic service” has the same meaning as provided in regulation 3 of the Immigration Control (Charges) (Basic Service) Regulations 2003(5);

“biometric information” means information about a person’s external physical characteristics;

“British citizen” means a person who has that status in accordance with the provisions of the 1981 Act, the 1997 Act or the British Overseas Territories Act 2002(6);

“British National (Overseas)” means a person who has that status in accordance with the provisions of the 1986 Order;

“British overseas citizen” means a person who has that status in accordance with the provisions of the 1981 Act or the 1986 Order;

“British overseas territories citizen” means a person who has that status in accordance with the provisions of the 1981 Act;

“British protected person” means a person who has that status in accordance with the provisions of the British Protectorates, Protected States and Protected Persons Order 1982(7);

“British subject” means a person who has that status in accordance with the provisions of the 1981 Act;

“certificate of sponsorship” means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a sponsored worker;

“confirmation of acceptance for studies” means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a student;

“consular function” means any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968(8) or functions in the United Kingdom which correspond with those functions;

“consular premises” has the same meaning as provided in Article 1(1)(j) of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;

“contractor” means a person with whom the Secretary of State has entered into a contract, by which the person agrees to provide certain services in connection with immigration or nationality to applicants outside the United Kingdom;

“control port” means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act;

“Electronic Visa Waiver” means a document authorising a person to enter the United Kingdom where that person, in the absence of such a document, would require entry clearance in order to do so;

“entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act(9);

“European residence document” means a document issued as evidence that a person is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972(10);

“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;

“immigration employment document” means a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom;

“the immigration rules” means rules made under section 3(2) of the 1971 Act;

“leave to enter the United Kingdom” and “leave to remain in the United Kingdom” mean respectively leave to enter the United Kingdom and leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and “leave to enter or leave to remain in the United Kingdom” is to be construed accordingly;

“limited leave” and “indefinite leave” respectively have the same meanings as provided in section 33(1) of the 1971 Act;

“premium services” means optional premium services in connection with immigration or nationality applications offered by the Home Office;

“right of abode” has the same meaning as provided in section 2 of the 1971 Act(11);

“sponsor” means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;

“sponsored worker” means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship;

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

“transit visa” means a document authorising the holder to remain within a port, without passing through immigration control, pending departure from the United Kingdom from the same port;

“travel document” means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the United Kingdom, and is issued by the Home Office to persons who are either refugees, or stateless, or who cannot obtain or use a passport issued by their own country;

“unsponsored worker” means a person seeking entry clearance, leave to enter or remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is not required by the immigration rules to obtain a certificate of sponsorship.

(1)

1971 c. 77.

(2)

1981 c. 61.

(3)

1997 c. 20.

(4)

S.I. 1986/948.

(5)

S.I. 2003/1502.

(6)

2002 c.8.

(7)

S.I. 1982/1070.

(8)

1968 c.18.

(9)

The definition of ‘entry clearance’ in section 33(1) was amended by section 39(6) of paragraph 2 of Schedule 4 to the 1981 Act (c. 61) and paragraph 5 of the Schedule to the Immigration Act 1988 (c.14).

(10)

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of Schedule 1 to, the European Union (Amendment) Act 2008 (c. 7).

(11)

1971 c. 77; section 2 was amended by section 39(2) of the 1981 Act (c. 61) .