Search Legislation

The Immigration and Nationality (Cost Recovery Fees) (No.2) Regulations 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Citation, commencement and interpretation

This section has no associated Explanatory Memorandum

2.  In these Regulations—

“the 1981 Act” means the British Nationality Act 1981(1);

“the 1997 Act” means the British Nationality (Hong Kong) Act 1997(2);

“the 2007 Order” means the Immigration and Nationality (Fees) Order 2007(3);

“A rated sponsor” means a sponsor to whom the Secretary of State has given an A rating;

“action plan” means an action plan issued to a B rated sponsor and with which a B rated sponsor must comply in order to become an A rated sponsor;

“application for naturalisation” means an application for naturalisation as a:

(a)

British citizen under section 6(1) or (2) of the 1981 Act, or

(b)

British overseas territories citizen under section 18(1) or (2) of the 1981 Act;

“application for registration” means an application for registration as a:

(a)

British citizen under section 1(3) or (4), 3(1), (2)(4) or (5)(5), 4A(6), 4B(7), 4C(8),

(b)

10(1)(9) or (2)(10), or 13(1) or (3) of, or paragraph 3(11), 4(12) or 5 of Schedule 2 to, the 1981 Act,

(c)

British overseas territories citizen under sections 24 and 13(1), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4, or 5 of Schedule 2 to, the 1981 Act,

(d)

British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or

(e)

British subject under section 32 of or paragraph 4 of Schedule 2 to, that Act;

“assistance” means assistance, accommodation or maintenance provided under—

(a)

section 17, 20 or 23 of the Children Act 1989(13),

(b)

section 22, 25 or 26 of the Children (Scotland) Act 1995(14), or

(c)

article 18, 21 or 27 of the Children (Northern Ireland) Order 1995(15);

“B rated sponsor” means a sponsor to whom the Secretary of State has given a B rating;

“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain or enter the United Kingdom under the immigration rules;

“charity” means an English charity, a Scottish charity or a Northern Ireland charity;

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

“claim for asylum” has the same meaning given in section 94(1) of the Immigration and Asylum Act 1999(16) and a claim for asylum is to be taken to be determined—

(a)

on the day on which the Secretary of State notifies the claimant of his decision on the claim,

(b)

if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or

(c)

if the claimant has brought an appeal from within the United Kingdom, against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002, or section 2 of the Special Immigration Appeals Commission Act 1997(17), on the day on which the appeal is disposed of;

“Consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, ordinarily used for the purposes of any consulate-general, consulate, vice-consulate or consular agency of the United Kingdom;

“Convention travel document” means a travel document issued in accordance with Article 28 of the Refugee Convention (travel documents) or Article 28 of the Stateless Persons Convention (travel documents);

Council of Europe Social Charter” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18th October 1961(18);

Council of Europe Revised Social Charter” means the Council of Europe Treaty signed in Strasbourg on 3rd May 1996(19);

“dependant” in respect of a person means—

(a)

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

(b)

a child

of that person;

“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;

“English charity” means a charity as defined in section 1 of the Charities Act 2006(20);

“European Community Association Agreement” means any of the following—

(a)

the Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963,

(b)

the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, or

(c)

the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;

“Highly Skilled Migrant Programme” means the programme which was operated by the Secretary of State for highly skilled migrants under the immigration rules;

“immigration rules” means rules made under section 3(2) of the Immigration Act 1971(21);

“leave to remain” includes variation of leave to enter, or remain;

“Northern Ireland charity” means a charity within the meaning of section 1 of the Charities Act (Northern Ireland) 2008(22);

“Scottish charity” means a body entered in the Scottish Charity Register;

“small sponsor” means a sponsor that is either—

(a)

a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006(23); or

(b)

in the case of a person who is not a company for the purposes of those sections, a person who employs no more than 50 employees; or

(c)

a charity;

“sponsor” means a sponsor within the meaning of the immigration rules;

“sponsorship licence” means a sponsor licence as identified within the immigration rules;

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

“Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points-Based System”;

“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points-Based System”;

“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points-Based System”;

“Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points-Based System”;

“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points-Based System”;

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

(1)

1981 c.61, as amended by sections 43, 44 and 45 of the Borders, Citizenship and Immigration Act 2009 (c.11).

(4)

Amended by section 5 of, and paragraphs 3(1) and (2) of Schedule 1 to, The British Overseas Territories Act 2002 (c. 8) and section 43 of the Borders, Citizenship and Immigration Act 2009 (c.11).

(5)

Amended by section 5 of, and paragraphs 3(1) and (4) of Schedule 1 to, the British Overseas Territories Act 2002.

(6)

Inserted by section 4 of the British Overseas Territories Act 2002.

(7)

Inserted by section 12 of the Nationality, Immigration and Asylum Act 2002 (c.41) as amended by section 44 of the Borders, Citizenship and Immigration Act 2009.

(8)

Inserted by section 13 of the Nationality, Immigration and Asylum Act 2002 as amended by section 45 of the Borders, Citizenship and Immigration Act 2009.

(9)

Amended by sections 5(a) and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002.

(10)

Amended by sections 5(a) and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002 and by section 261(1) of, and paragraph 73 of Schedule 27 to the Civil Partnership Act 2004 (c.33).

(11)

Amended by sections 1(1)(b) of the British Overseas Territories Act 2002 and by sections 8 and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002.

(12)

Amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.

(13)

1989 c.41.

(14)

1995 c.36.

(16)

1999 c.33 amended by section 44(1), (2) of the Nationality, Immigration and Asylum Act 2002.

(17)

1997 c.68 amended by s.114(3) of the Nationality, Immigration and Asylum Act 2002.

(18)

(CETS NO.:035).

(19)

(CETS NO.:163).

(20)

2006 c.50.

(21)

1971 c.77.

(22)

2008 c.12.

(23)

2006 c.46.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources