Immigration Citation, commencement and interpretation 1 These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2012 and shall come into force on 6th April 2012. 2 In these Regulations— “the 1971 Act ” means the Immigration Act 1971 ; “the 1981 Act ” means the British Nationality Act 1981 ; “the 1982 Order ” means the British Protectorates, Protected States and Protected Persons Order 1982 ; “the 1999 Act ” means the Immigration and Asylum Act 1999 “the 2007 Act ” means the UK Borders Act 2007 “the 2011 Order ” means the Immigration and Nationality (Fees) Order 2011; “application for registration or naturalisation” means— an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act; an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act; an application for registration as a British citizen under section 1(3) , (3A) or (4), 3(1), (2) or (5) , 4(2) or (5), 4A , 4B , 4D , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act; an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 1997 ; 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), 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, that Act; 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; an application for registration as a British protected person under article 7 of the 1982 Order ; or an application for registration as a British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act; “biometric immigration document” has the same meaning as in section 5 of the 2007 Act; “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, civil partner or unmarried or same-sex partner; or a child, of that person; “entry clearance” has the same meaning as in section 33(1) of the 1971 Act , as extended to the Channel Islands ; “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; “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; “travel document” means a document, other than a passport, issued by the United Kingdom Border Agency allowing a person to travel outside the United Kingdom to persons who cannot use a passport issued by their own country; “United Kingdom Border Agency” means the United Kingdom Border Agency of the Home Office; “unmarried or same-sex partner” of a person means someone who is living with that person in a relationship akin to a marriage or civil partnership which has subsisted for two years or more. Fees for applications and processes in connection with immigration 3 Schedule 1 to these Regulations has effect to specify— a the amount of the fees for specified applications for leave to remain in the United Kingdom and variation of such leave for the purposes of articles 3(2)(a) and (c) of the 2011 Order and exceptions to the requirement to pay such fees; b the amount of the fees for 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; c the amount of the fees for applications for specified sponsor licences for the purposes of article 3(2)(t) of the 2011 Order and exceptions to the requirement to pay such fees; d the amount of the fees for applications for permission for a student given leave to enter, or remain in, the United Kingdom to change their course of study or sponsor, for changes to a sponsor’s status, and for processes related to sponsors for the purposes of articles 3(2)(d) and (u) and 5 of the 2011 Order; and e the amount of the fees for specified applications for a transfer of conditions, for documents relating to employment, for travel documents, for a transit visa, and for a biometric immigration document for the purposes of articles 3(2)(e), (f), (g), (q) and (s) of the 2011 Order. Fees for applications and services in connection with nationality 4 Schedule 2 to these Regulations has effect to specify— a the amount of fees for applications in connection with nationality for the purposes of article 3(2)(h), (i), (j), (k), (l) (m), (n), (o), (p), (r) and (v) of the 2011 Order; and b the amount of the fees for services in connection with nationality for the purposes of article 4(a), (b), (c), (d), (e), (f), (g) and (h) of the 2011 Order. Fees for the exercise of consular functions in connection with immigration and nationality 5 Schedule 3 to these Regulations has effect to specify the amount of the fees for the exercise of consular functions in connection with immigration and nationality for the purpose of article 6 of the 2011 Order. Fees for applications for entry clearance to enter the Channel Islands 6 Schedule 4 to these Regulations has effect to specify the amount of the fees for specified applications for entry clearance to enter either of the Channel Islands for the purposes of article 6 of the 2011 Order. Consequences of failing to pay the specified fee 7 Where these Regulations specify a fee which must accompany an application for the purpose of the 2011 Order, the application is not validly made unless it is accompanied by that fee. Revocation 8 The Immigration and Nationality (Cost Recovery Fees) Regulations 2011 are revoked. Damian Green Minister of State Home Office 13th March 2012 We consent Angela Watkinson Michael Fabricant Two of the Lords Commissioners of Her Majesty’s Treasury 12th March 2012