Paragraph 1 InterpretationC1

F1(1)

In this Schedule—

F2“HM Armed Forces service leaver” means a person described in paragraph AF 3.1 together with paragraph AF 5.1 of Appendix HM Armed Forces of the immigration rules;
“liable to immigration detention” means being liable to detention under—
1. (a)
  paragraph 16(1), (1A) or (2) of Schedule 2 to the 1971 Act M1;
2. (b)
  section 62 of the 2002 Act M2;
3. (c)
  paragraph 2(1), (2) or (3) of Schedule 3 to the 1971 Act M3; or
4. (d)
  section 36(1) of the 2007 Act;
F3“member of HM Armed Forces” means a person described in paragraph AF 3.1 of Appendix HM Armed Forces of the immigration rules;
F4...
“present and settled” has the meaning given by paragraph 6 of the immigration rules;
F5...
...

F6(2)

In this Schedule, a reference to an application for entry clearance under an Appendix to the immigration rules being for entry clearance—

(a)

as the dependant partner or dependant child F7, or the dependent partner or dependent child, of a particular description of person, or

(b)

as a dependant partner or dependant child F8or a dependent partner or dependent child, or any other description of dependant, on a particular route under that Appendix,

is to be construed in accordance with the Appendix in question.

F9(3)

For the purposes of sub-paragraph (2) there is to be regarded as being no difference between—

(a)

the expressions “dependant partner” and “dependent partner”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other, or

(b)

the expressions “dependant child” and “dependent child”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other.

Annotations

Textual amendments

F1: Sch. 1 para. 1(1): Sch. 1 para. 1 renumbered (1.12.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 8(2)(a) (with reg. 14)
F2: Words in Sch. 1 para. 1(1) inserted (11.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(d), 9(1)(a)(i)
F3: Words in Sch. 1 para. 1(1) inserted (11.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(d), 9(1)(a)(ii)
F4: Words in Sch. 1 para. 1(1) omitted (11.4.2024) by virtue of The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(d), 9(1)(a)(iii)
F5: Words in Sch. 1 para. 1(1) omitted (1.12.2020 at 9.00 a.m. by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 8(2)(b) (with reg. 14)
F6: Sch. 1 para. 1(2) inserted (1.12.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 8(2)(c) (with reg. 14)
F7: Words in Sch. 1 para. 1(2)(a) inserted (11.10.2021 at 9.00 a.m.) by The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 (S.I. 2021/1035), reg. 1(3)(c)(i), Sch. 2 para. 4(2)(a)(i)
F8: Words in Sch. 1 para. 1(2)(b) inserted (11.10.2021 at 9.00 a.m.) by The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 (S.I. 2021/1035), reg. 1(3)(c)(i), Sch. 2 para. 4(2)(a)(ii)
F9: Sch. 1 para. 1(3) inserted (11.10.2021 at 9.00 a.m.) by The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 (S.I. 2021/1035), reg. 1(3)(c)(i), Sch. 2 para. 4(2)(b)

Marginal citations

M1: Sub-paragraph (1A) of paragraph 16 was inserted by paragraphs 43 and 60 of Schedule 14 to the 1999 Act. Sub-paragraph (2) of paragraph 16 was substituted by section 140(1) of the 1999 Act and amended by section 73(5) of the 2002 Act.
M2: Section 62 was amended by section 16(2)(c) of the Prevention of Terrorism Act 2005 (c. 2); paragraphs 3(1) and (2), and 13 of Schedule 9 to the Immigration Act 2014 and by paragraphs 31 and 34 of Schedule 10 to the Immigration Act 2016 (c. 19) (“the 2016 Act”).
M3: Sub-paragraph (1) of paragraph 2 was amended by Schedule 10 to the Criminal Justice Act 1982 (c. 48), section 54(1) and (2) of the 1999 Act, section 34(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19) and by paragraphs 14 and 21 of Schedule 10 to the 2016 Act. Sub-paragraph (2) of paragraph 2 was amended by paragraph 7 of Schedule 7 to the 2002 Act and by section 34(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004. Sub-paragraph (3) of paragraph (2) was amended by section 54(1) and (3) of the 1999 Act and by paragraphs 14 and 21 of Schedule 10 to the 2016 Act.

Modifications

C1: Sch. 1 Table 1 modified (6.4.2022 at 9.00 a.m.) by The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), reg. 1(3)(c), Sch. 2 paras. 1-3