Immigration Citation, commencement and interpretation 1 These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2013 and shall come into force on 6th April 2013. 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 2006 Regulations ” means the Immigration (European Economic Area) Regulations 2006 ; “the 2007 Act ” means the UK Borders Act 2007 ; “the 2011 Order ” means the Immigration and Nationality (Fees) Order 2011; “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; “ 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 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; “Tier 1 (General) Migrant”, “Tier 2 Migrant”, “Tier 4 Migrant”, “Tier 5 Migrant” and “Tier 5 (Temporary Worker) Migrant” have the same meaning as 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; “transit visa” has the same meaning as in section 41(2) of the 1999 Act; “travel document” means a document allowing a person to travel outside the United Kingdom which is not a passport, issued by the United Kingdom Border Agency to persons who are stateless or cannot use or obtain 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, services, and processes in connection with immigration and nationality 3 Schedule 1 (Fees for applications for entry clearance to enter the United Kingdom) to these Regulations has effect to specify 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. 4 Schedule 2 (Fees for applications for sponsor licences, highly trusted sponsor status, and related applications and processes) to these Regulations has effect to specify — a the amount of the fees for— i 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; ii applications for specified sponsor licences for the purposes of article 3(2)(t) of the 2011 Order; iii for changes to a sponsor’s status for the purposes of article 3(2)(u) of the 2011 Order; iv processes related to sponsors for the purposes of article 5(a) and (b) of the 2011 Order; and b exceptions to the requirement to pay the fees referred to in paragraph (a)(ii). 5 Schedule 3 (Fees for documents relating to immigration) to these Regulations has effect to specify— a the amount of the fees for— i specified applications for a transfer of conditions for the purposes of article 3(2)(e) of the 2011 Order; ii the specified application for a document relating to employment for the purposes of article 3(2)(f) of the 2011 Order; iii specified applications for travel documents for the purposes of article 3(2)(g) of the 2011 Order; iv the specified application for a transit visa for the purposes of article 3(2)(q) of the 2011 Order; v the specified application for a biometric immigration document for the purposes of article 3(2)(s) of the 2011 Order; vi specified applications for documents referred to in the 2006 Regulations for the purposes of article 3(2)(v) of the 2011 Order; vii taking a record of a person’s fingerprints or a photograph of a person’s face for the purposes of article 5(c) of the 2011 Order; and b exceptions to the requirement to pay the fees referred to in paragraphs (a)(iii), (v) and (vii). 6 Schedule 4 (Fees for applications and services in connection with nationality) to these Regulations has effect to specify— a the amount of the 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. 7 Schedule 5 (Fees for the exercise of consular functions in connection with immigration and nationality) 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 purposes of article 6 of the 2011 Order. 8 Schedule 6 (Fees for applications for entry clearance to enter the Channel Islands) 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. 9 Schedule 7 (Miscellaneous fees and exceptions) to these Regulations has effect to specify— a exceptions to the requirement to pay the fees specified in regulations made under sections 51(3) and 52(1) and (3) of the Immigration, Asylum and Nationality Act 2006 for the specified applications for leave to remain in the United Kingdom for the purposes of article 3(2)(a) and (c) of the 2011 Order; and b the amount of the fees for the administration of the specified test for the purposes of article 4(n) of the 2011 Order. 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 2012 are revoked. Mark Harper Minister of State Home Office 14th March 2013 We consent Robert Goodwill David Evennett Two of the Lords Commissioners of Her Majesty’s Treasury 13th March 2013