Immigration Citation, commencement and interpretation 1 These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2014 and come into force on 6th April 2014. 2 In these Regulations— “the 1971 Act ” means the Immigration Act 1971 ; “the 1981 Act ” means the British Nationality Act 1981 ; “the 1999 Act ” means the Immigration and Asylum Act 1999 ; “the 1982 Order ” means the British Protectorates, Protected States and Protected Persons Order 1982 ; “the 2008 Regulations ” means the Immigration (Biometric Registration) Regulations 2008 ; “the 2011 Order ” means the Immigration and Nationality (Fees) Order 2011; “biometric immigration document” has the same meaning as provided in section 5 of the UK Borders Act 2007 ; “ 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 ; “child” means a person under the age of 18; “dependant” in respect of a person means— the spouse or civil partner of that person; someone who has been living with that person in a relationship akin to a marriage or civil partnership for at least two years; or a child of that person; “Direct Airside Transit Visa” means a transit visa within the meaning of section 41(2) of the 1999 Act, authorising the holder to remain within an airport, without passing through immigration control, pending departure on another flight from the same airport; “ EC Association Agreement with Turkey ” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963 ; “entry clearance” has the same meaning as provided in section 33(1) of the 1971 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; “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 ; “indefinite leave” means leave to enter or remain (as the case may be) in the United Kingdom which is not limited as to duration; “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; “limited leave” means leave to enter or remain (as the case may be) in the United Kingdom which is limited as to duration; “process used to take a record of a person’s biometric information” means the process, or combination of processes to which a person may be required to submit to permit a record of their fingerprints or a photograph of their face to be taken for the purposes of regulation 8(2)(d) of the 2008 Regulations; “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; “Tier 2 Migrant”, “Tier 4 Migrant”, “Tier 5 Migrant” and “Tier 5 (Temporary Worker) Migrant” have the same meaning as provided in the immigration rules; “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; “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 stateless or cannot obtain or use a passport issued by their own country. Fees for applications, services, and processes in connection with immigration and nationality 3 Schedule 1 (Fees for applications for entry clearance to enter the United Kingdom) has effect to specify the amount of the fees for the specified applications for entry clearance to enter the United Kingdom for the purposes of article 3(2)(b) of the 2011 Order, exceptions to the requirement to pay such fees, and circumstances in which such fees may be waived or reduced. 4 Schedule 2 (Fees for applications for sponsor licences, highly trusted sponsor status, and related applications and processes) has effect to specify the amount of the fees for— i applications for the specified sponsor licences for the purposes of article 3(2)(t) of the 2011 Order; ii applications for permission for a student given leave to enter, or remain in the United Kingdom to change their sponsor for the purposes of article 3(2)(d) of the 2011 Order; iii applications for changes to a sponsor’s status for the purposes of article 3(2)(u) of the 2011 Order; and iv processes related to sponsors for the purposes of article 5(a) and (b) of the 2011 Order. 5 Schedule 3 (Fees for documents relating to immigration) has effect to specify— a the amount of the fees for— i the specified applications for a transfer of conditions for the purposes of article 3(2)(e) of the 2011 Order; ii the specified application for an immigration employment document for the purposes of article 3(2)(f) of the 2011 Order; iii the specified applications for travel documents for the purposes of article 3(2)(g) of the 2011 Order; iv the specified application for a Direct Airside Transit Visa for the purposes of article 3(2)(q) of the 2011 Order; v the specified applications for a registration certificate, a residence card, a document certifying permanent residence, a permanent residence card or a derivative residence card, for the purposes of article 3(2)(w) of the 2011 Order; vi the specified applications for a biometric immigration document for the purposes of article 3(2)(s) of the 2011 Order; vii the process used to take a record of a person’s biometric information for the purposes of article 5(c) of the 2011 Order; and b exceptions to the requirement to pay the fees referred to in sub-paragraph (a)(iii), (vii) and (viii). 6 Schedule 4 (Fees for applications, processes and services in connection with nationality) has effect to specify— a the amount of the fees for the specified applications in connection with nationality for the purposes of article 3(2)(h), (i), (j), (k), (l), (m), (n), (o), (p), and (v) of the 2011 Order; b the amount of the fee for the specified process in connection with nationality for the purposes of article 5(d) of the 2011 Order; and c the amount of the fees for the specified services in connection with nationality for the purposes of article 4(a), (b), (c), (d), (e), (f), (g) and (h) of the 2011 Order. 7 Schedule 5 (Fees for the exercise of consular functions in connection with immigration and nationality) has effect to specify the amount of the fees for the exercise of consular functions in connection with immigration and nationality for the purposes of articles 6 and 7 of the 2011 Order. 8 Schedule 6 (Miscellaneous fee) has effect to specify the amount of the fee for the administration of the specified test for the purposes of article 4(n) of the 2011 Order. Rate of Exchange 9 The rate of exchange for calculating the equivalents of fees set out in these Regulations but paid in a foreign currency must be based upon the rate of exchange which is generally prevailing on the date, and at the place of payment, but which may be adjusted by the Secretary of State (or a representative of the Secretary of State) in such a manner and to such an extent as that person considers expedient in the interests of administrative efficiency. Consequences of failing to pay the specified fee 10 Where these Regulations specify a fee which must accompany an application for the purposes of the 2011 Order, the application is not validly made unless it is accompanied by that fee. Revocation 11 The Immigration and Nationality (Cost Recovery Fees) Regulations 2013 are revoked. James Brokenshire Minister of State Home Office 10th March 2014 We consent Mark Lancaster Stephen Crabb Two of the Lords Commissioners of Her Majesty’s Treasury 11th March 2014