Immigration Citation and commencement 1 These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2013 and shall come into force on 6th April 2013 if they are made before that date or if they are made on or after that date the day after the day on which they are made. Interpretation 2 In these Regulations— “the 1971 Act ” means the Immigration Act 1971 ; “the 2011 Order ” means the Immigration and Nationality (Fees) Order 2011; “approval letter from a designated competent body” means a letter from a designated competent body within the meaning of the immigration rules endorsing a prospective application for leave to remain in, or entry clearance to enter, the United Kingdom as a Tier 1 (Exceptional Talent) Migrant; “biometric immigration document” has the same meaning as 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; “ EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12 th September 1963; “entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act , as extended to the Channel Islands ; “immigration and nationality fees regulations” means regulations made under sections 51(3) and 52(1) and (3) of the Immigration, Asylum and Nationality Act 2006; “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 ; “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; “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 1 Migrant”, “Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”, “Tier 1 (General) Migrant”, “Tier 1 (Graduate Entrepreneur) Migrant”, “Tier 1 (Investor) Migrant”, and “Tier 1 (Post-Study Work) Migrant” have the same meaning as provided in the immigration rules; “Tier 2 Migrant” and “Tier 2 (Intra-Company Transfer) Migrant” have the same meaning as provided in the immigration rules; “Tier 4 Migrant” and “Tier 4 (General) Student” have the same meaning as provided in the immigration rules; “Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary 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 the applicant, which indicates that a person has been granted limited, or indefinite, leave to enter or remain in the United Kingdom; or the issuing of a biometric immigration document to replace a stamp, sticker or other attachment on a passport or other document issued to the applicant, which indicated a person had been granted limited, or indefinite, leave to enter or remain in the United Kingdom; “United Kingdom Border Agency” means the United Kingdom Border Agency of the Home Office. Fees for applications, processes and services in connection with immigration and nationality 3 Schedule 1 (Fees for applications for leave to remain in the United Kingdom) to these Regulations has effect to specify— a the amount of the fees for— i specified applications for leave to remain in the United Kingdom and variation of such leave for the purposes of article 3(2)(a) and (c) of the 2011 Order; ii the specified application for an approval letter from a designated competent body for the purposes of article 3(2)(f) of the 2011 Order; and b exceptions to the requirement to pay the fees referred to in paragraph (a)(i). 4 Schedule 2 (Fees for applications for entry clearance to enter the United Kingdom) to these Regulations has effect to specify a the amount of the fees for— i specified applications for entry clearance to enter the United Kingdom for the purposes of article 3(2)(b) of the 2011 Order; ii the specified application for an approval letter from a designated competent body for the purposes of article 3(2)(f) of the 2011 Order; and b exceptions to the requirement to pay the fees referred to in paragraph (a)(i) and circumstances in which such fees may be waived or reduced. 5 Schedule 3 (Fees in relation to Sponsor Licences) to these Regulations has effect to specify the amount of the fees for specified applications for sponsor licences, for optional customer services for sponsors, and for related processes for the purposes of articles 3(2)(t) and (u), 4(m), and 5 of the 2011 Order. 6 Schedule 4 (Fees for applications in connection with nationality) to these Regulations has effect to specify the amount of fees for specified applications in connection with nationality for the purposes of article 3(2)(h), (j), (k), (l), (m), (n), (o) and (p) of the 2011 Order. 7 Schedule 5 (Fees for entry clearance to enter the Channel Islands) to these Regulations has effect to specify the amount of fees for specified applications for entry clearance to enter either of the Channel Islands for the purposes of article 6 of the 2011 Order and exceptions to the requirement to pay such fees and circumstances in which such fees may be waived or reduced. 8 Schedule 6 (Fees for expediting applications, applications made in person, and optional services for applicants) to these Regulations has effect to specify— a the amount of the fees for— i the specified applications for a transfer of conditions or a biometric immigration document for the purposes of article 3(2)(e) and (s) of the 2011 Order; ii the attendance by a representative of the Secretary of State at premises other than an office of the United Kingdom Border Agency or consular premises within the meaning of Article 1(1)(j) of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968 for the purposes of article 4(i) of the 2011 Order; iii for the provision of services outside office hours for the purposes of article 4(j) of the 2011 Order; iv for the provision of arrangements for expediting the processing of applications for leave to remain in the United Kingdom, and variation of leave to enter or remain in the United Kingdom for the purposes of article 4(k) of the 2011 Order; and b circumstances in which such fees may be waived or reduced. Consequences of failing to pay the specified fee 9 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 the specified fee. Revocation 10 The Immigration and Nationality (Fees) Regulations 2012 are revoked. Mark Harper Minister of State Home Office 26th March 2013 We consent Robert Goodwill Anne Milton Two of the Lords Commissioners of Her Majesty’s Treasury 25th March 2013