# The Immigration and Nationality (Fees) Regulations 2013, Paragraph 1: Interpretation


(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 within the meaning of section 94(1) of the Immigration and Asylum Act 1999 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) under—
(a) section 17, 20 or 23 of the Children Act 1989;
(b) section 22, 25 or 26 of the Children (Scotland) Act 1995; or
(c) article 18, 21 or 27 of the Children (Northern Ireland) Order 1995;
“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 the leave to remain referred to in paragraph (a) to 5 years; and
(c) is still working for the same employer and in the same role as they were when the leave to remain referred to in paragraph (a) was granted;
“work permit holder” has the same meaning as provided in the immigration rules.
(2) For the purposes of this Schedule a claim for asylum is to be taken to be determined-
(a) on the day on which the Secretary of State notifies the claimant of the decision on the claim;
(b) if the claimant has appealed against the Secretary of State’s decision, on 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 or section 2 of the Special Immigration Appeals Commission Act 1997 on the day on which the appeal is disposed of.

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Source: https://www.legislation.gov.uk/ukdsi/2013/9780111535134/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/draft-immigration-and-nationality-fees-regulations-2013/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

