The Immigration and Nationality (Fees) Regulations 2014

Interpretation

1.—(1) In this Schedule—

“Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—

(a)

a person making a claim for asylum which has either not been determined or has been granted;

(b)

a person who has been granted humanitarian protection under the immigration rules;

(c)

a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum;

(d)

a person who is a dependant of a person referred to in paragraph (a), (b) or (c) and is applying for leave to enter or remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

(e)

a child who does not come within paragraph (d) who was born in the United Kingdom to a person referred to in paragraph (a), (b) or (c);

“assistance by a local authority” means assistance, accommodation or maintenance provided by a local authority (or in Northern Ireland, an authority, which has the same meaning as provided in Article 2(2) of the Children (Northern Ireland) Order 1995(1)) under—

(a)

section 17, 20 or 23 of the Children Act 1989(2);

(b)

section 22, 25 or 26 of the Children (Scotland) Act 1995(3); or

(c)

article 18, 21 or 27 of the Children (Northern Ireland) Order 1995;

“claim for asylum” means a claim within the meaning of section 94(1) of the Immigration and Asylum Act 1999(4);

“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998(5);

“indefinite leave to remain” means leave to remain in the United Kingdom for an indefinite period;

“limited leave to remain” means leave to remain in the United Kingdom for a limited period;

“qualifying work permit holder” means an applicant for limited leave to remain in the United Kingdom who—

(a)

was granted leave to remain in the United Kingdom for 3 years as a Tier 2 Migrant on the basis that they were a Qualifying Work Permit Holder under Part 6A of the immigration rules;

(b)

is applying to extend the duration of that leave to remain to 5 years; and

(c)

is still working for the same employer and in the same role as they were when that leave to remain was granted;

“Specified Human Rights Application” means an application for limited leave to remain in the United Kingdom under—

(a)

paragraph 276ADE of the immigration rules;

(b)

section R-LTRP.1.1 of Appendix FM to the immigration rules;

(c)

section R-LTRPT.1.1 of Appendix FM to the immigration rules; or

(d)

any other application which is not an Article 3 or Refugee Convention application and in which the applicant relies solely or primarily on a claim that to remove a person from the United Kingdom or to require a person to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention rights).

(2) For the purposes of this Schedule a claim for asylum is to be taken to be determined on—

(a) the day on which the Secretary of State notifies the claimant of her decision on the claim;

(b) if the claimant has appealed against the Secretary of State’s decision, the day on which the appeal is disposed of; or

(c) if the claimant has brought an appeal from within the United Kingdom, against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002(6) or section 2 of the Special Immigration Appeals Commission Act 1997(7) on the day on which the appeal is disposed of.

(1)

S.I. 1995/755 (N.I.2).

(2)

1989 c.41.

(3)

1995 c.36.

(4)

1999 c.33; section 94(1) was amended by sections 44(1), (2) and (3) and 60(2) of the Nationality, Immigration and Asylum Act 2002 (c.41) and paragraph 180 of Schedule 3 to the Transfer of Tribunal Functions Order (S.I. 2008/2833).

(5)

1998 c.42.

(6)

2002 c.41; section 82 was amended by sections 26(2) and 31 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, sections 2, 47(6), 57(3) and Schedule 3 of the Immigration, Asylum and Nationality Act 2006 and section 35 of the UK Borders Act 2007.

(7)

1997 c.68; section 2 was amended by paragraph 20 of Schedule 7 to the Nationality, Immigration and Asylum Act 2002 and paragraph 14 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006.