The Immigration and Nationality (Fees) Regulations 2018

Interpretation U.K.

1.—(1) In this Schedule—

“application for naturalisation as a British citizen” means an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act M1 ;

“application for naturalisation as a British overseas territories citizen” means an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act M2 ;

“application for registration as a British citizen under the 1981 Act” means an application for registration as a British citizen under sections 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4B, 4D, 4F, 10(1) or (2), or 13(1) or (3) of, or paragraph 3, [F1 3A,] 4 or 5 of Schedule 2 to, the 1981 Act M3 ;

“application for registration as a British citizen under the 1997 Act” means an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 1997 M4 ;

“application for registration as a British overseas citizen” means 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;

“application for registration as a British overseas territories citizen” means 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 of that Act), 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, that Act M5 ;

“application for registration as a British protected person” means an application for registration as a British protected person under article 7 of the 1982 Order M6 ;

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

“certificate of entitlement” has the same meaning as provided for in section 33(1) of the 1971 Act M7 ;

“certificate of registration or naturalisation” means a certificate of registration or naturalisation issued under the 1981 Act;

[F2 “historical legislative unfairness”, in relation to the basis on which an application is made under section 4L of the 1981 Act, has the same meaning as it has for the purposes of subsection (1)(a) of that section (see section 4L(2) of that Act);

“public authority” has the same meaning as it has for the purposes of section 4L of the 1981 Act (see section 4L(3) of that Act).]

(2) For the purposes of this Schedule an application is made on the date on which it is received by the Secretary of State or by any person authorised by the Secretary of State to receive nationality applications.

Textual Amendments

F1 Word in Sch. 8 para. 1(1) inserted (28.6.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(2), 4(2)(a)(i)

F2 Words in Sch. 8 para. 1(1) inserted (28.6.2022) by The British Nationality (General, British Overseas Territories and Fees) (Amendment) Regulations 2022 (S.I. 2022/602), regs. 1(2), 4(2)(a)(ii)

Marginal Citations

M1 Section 6(2) has been prospectively amended by section 40(1) of the Borders, Citizenship and Immigration Act 2009 (c. 11) (the “2009 Act”) from a date to be appointed, and was amended by paragraph 72 of Schedule 27 to the Civil Partnership Act 2004 (c. 33) (the “2004 Act”).

M2 Section 18(1) and (2) was amended by section 2(2)(b) of the British Overseas Territories Act 2002 (“the Overseas Territories Act”) and section 18(2) was also amended by paragraph 76 of Schedule 27 to the 2004 Act.

M3 Section 1(3) was amended by section 42(1) and (3) of the 2009 Act; section 1(3A) was inserted by section 42(1) and (4) of the 2009 Act; section 1(4) was amended by section 42(1) and (5) of the 2009 Act; section 3(2) was amended by paragraph 3(1) and (2) of Schedule 1 to the Overseas Territories Act and section 43(1) and (2) of the 2009 Act; section 3(5) was amended by paragraph 3(1) and (4) of Schedule 1 to the Overseas Territories Act; section 4A was inserted by section 4 of the Overseas Territories Act; section 4B was inserted by section 12 of the 2002 Act and was amended by section 44 of the 2009 Act; section 4D was inserted by section 46 of the 2009 Act; section 4F was inserted by section 65 of the Immigration Act 2014; section 10(1) was amended by section 5(a) of the 2002 Act; section 10(2) was amended by section 5(a) of the 2002 Act and by section paragraph 73 of Schedule 27 to the 2004 Act; paragraph 3 of Schedule 2 was amended by section 1(1)(b) of the Overseas Territories Act and section 8 of the 2002 Act; and paragraph 4 of Schedule 2 was amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act.

M4 1997 c. 20; section 1 was amended by section 2(3) of the Overseas Territories Act and section 47(3) of the 2009 Act.

M5 Sections 15(3) and (4) and 17(2) and (5) were amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act; section 22(1) was amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act, and section 5(b) the 2002 Act; and section 22(2) was amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act, section 5(b) of the 2002 Act, and paragraph 77 of Schedule 27 to the 2004 Act.

M6 S.I. 1982/1070; article 7 was amended by section 1(2) of the Overseas Territories Act and S.I. 2009/1892.

M7 The definition of “certificate of entitlement” was substituted by section 10(5)(b) of the 2002 Act.