The Immigration and Nationality (Fees) Regulations 2010

Citation, commencement and interpretation

2.  In these Regulations—

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

“the 2007 Order” means the Immigration and Nationality (Fees) Order 2007(2);

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

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

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

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

(a)

British citizen under section 1(3) or (4), 3(1), (2)(3) or (5)(4), 4(2) or (5), 4A(5), 4B(6), 4C(7), 10(1)(8) or (2)(9), or 13(1) or (3) of, or paragraph 3(10), 4(11) or 5 of Schedule 2 to, the 1981 Act,

(b)

British overseas territories citizen under sections 24 and 13(1) or (3), 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,

(c)

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

(d)

British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;

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

(a)

section 17, 20 or 23 of the Children Act 1989(12),

(b)

section 22, 25 or 26 of the Children (Scotland) Act 1995(13), or

(c)

article 18, 21 or 27 of the Children (Northern Ireland) Order 1995(14);

“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 in 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 meaning given in section 94(1) of the Immigration and Asylum Act 1999(15), 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 in-country appeal 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(16), on the day on which the appeal is disposed of;

“Council of Europe Social Charter” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18^th October 1961(17);

“Council of Europe Revised Social Charter” means the Council of Europe Treaty signed in Strasbourg on 3^rd May 1996(18);

“dependant” in respect of a person means—

(a)

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

(b)

a child,

of that person;

“English charity” means a charity as defined in section 1 of the Charities Act 2006(19);

“European Community Association Agreement” means the—

(a)

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

(b)

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, and

(c)

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 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(20);

“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(21);

“school teacher” has the same meaning as in section 122 of the Education Act 2002(22);

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

“Sectors-Based Scheme” means the programme operated by the Secretary of State for employment as a sector based worker under the immigration rules;

“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 sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with 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;

“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”;

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

“work permit employment” means employment as a work permit holder under the immigration rules.

(1)

1981 c. 61.

(2)

S.I. 2007/807 as amended by S.I. 2008/166 and S.I. 2009/420.

(3)

Amended by section 5 of, and paragraphs 3(1) and (2) of Schedule 1 to, the British Overseas Territories Act 2002 (c. 8).

(4)

Amended by section 5 of, and paragraphs 3(1) and (4) of Schedule 1 to, the British Overseas Territories Act 2002 (c.8).

(5)

Inserted by section 4 of the British Overseas Territories Act 2002 (c.8).

(6)

Inserted by section 12 of the Nationality, Immigration and Asylum Act 2002 (c.41).

(7)

Inserted by section 13 of the Nationality, Immigration and Asylum Act 2002 (c.41).

(8)

Amended by sections 5(a) and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002 (c.41).

(9)

Amended by sections 5(a) and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002 (c.41) and by section 261(1) of, and paragraph 73 of Schedule 27 to, the Civil Partnership Act 2004 (c.33).

(10)

Amended by section 1(1)(b) of the British Overseas Territories Act 2002 (c.8) and by sections 8 and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002 (c.41).

(11)

Amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002 (c.8).

(12)

1989 c. 41.

(13)

1995 c. 36.

(14)

No. 755 (N.1. 2).

(15)

Amended by section 44(1) and (2) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(16)

Amended by section 114(3) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(17)

(CETS NO.:035).

(18)

(CETS NO.: 163).

(19)

2006 c. 50.

(20)

1971 c. 77.

(21)

2008 c. 12.

(22)

2002 c. 32.

(23)

2006 c. 46.