Paragraph 1 InterpretationC1

United Kingdom

(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—
1. (a)
  a person making a claim for asylum under Part 11 of the immigration rules which has either not been determined or has been granted;
2. (b)
  a person who has been granted humanitarian protection under that Part of the immigration rules;
3. (c)
  a person claiming that, due to an ongoing medical condition, removal from the United Kingdom would be incompatible with Article 3 of the European Convention on Human Rights;
4. (d)
  a person who is F1... applying for leave to remain in the United Kingdom under F2F3Appendix Family Reunion (Sponsors with Protection) to the immigration rules; or
5. (e)
  a child who was born in the United Kingdom to a person referred to in paragraph (a) or (b);
“claim for asylum” has the meaning given by section 94(1) of the 1999 Act M1;
F4...
“specified human rights application” means an application for limited leave to remain in the United Kingdom under—
1. (a)
  F5Appendix Private Life to the immigration rules;
2. (b)
  section R-LTRP.1.1. (a), (b) F6, (c) and (d) of Appendix FM to the immigration rules;
3. (c)
  section R-LTRPT.1.1. (a), (b) F7, (c) and (d) of Appendix FM to the immigration rules; F8...
4. (ca)
  F9F10Appendix Child Relative (Sponsors with Protection) to the immigration rules; or
5. (d)
  any other application other than an Article 3 or Refugee Convention application in which the applicant relies solely or primarily on a claim that to remove the applicant from the United Kingdom or to require the applicant to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 M2 (public authority not to act contrary to Convention rights);
...
...

(2)

For the purposes of this Schedule a claim for asylum is determined on—

(a)

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, the day on which the appeal is disposed of; or

(c)

if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act M3 or section 2 of the Special Immigration Appeals Commission Act 1997 M4, the day on which the appeal is disposed of.

F11(2A)

In this Schedule, a reference to an application for limited leave to remain under an Appendix to the immigration rules being for limited leave to remain—

(a)

as the dependant partner or dependant child F12, or the dependent partner or dependent child, of a particular description of person, or

(b)

as a dependant partner or dependant child F13or 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.

F14(3)

For the purposes of sub-paragraph (2A) 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: Words in Sch. 2 para. 1(1) omitted (8.11.2024) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2024 (S.I. 2024/928), regs. 1(2)(c), 5(a)
F2: Words in Sch. 2 para. 1(1) substituted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 4
F3: Words in Sch. 2 para. 1(1) substituted (9.4.2025 at 9.00 a.m.) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2025 (S.I. 2025/363), regs. 1(2), 4(2)(a)
F4: Words in Sch. 2 para. 1(1) omitted (30.1.2023) by virtue of The Immigration and Nationality (Fees) and Passport (Fees) (Amendment) Regulations 2023 (S.I. 2023/15), regs. 1(2)(b), 2(2)
F5: Sch. 2 para. 1(1) substituted (20.6.2022) by The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(8)(a), 6(2)(a)
F6: Word in Sch. 2 para. 1(1) inserted (20.6.2022) by The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(8)(a), 6(2)(b)
F7: Word in Sch. 2 para. 1(1) inserted (20.6.2022) by The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(8)(a), 6(2)(c)
F8: Word in Sch. 2 para. 1(1) omitted (8.11.2024) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2024 (S.I. 2024/928), regs. 1(2)(c), 5(b)
F9: Words in Sch. 2 para. 1(1) inserted (8.11.2024) by The Immigration and Nationality (Fees) (Amendment) Regulations 2024 (S.I. 2024/928), regs. 1(2)(c), 5(b)
F10: Words in Sch. 2 para. 1(1) substituted (9.4.2025 at 9.00 a.m.) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2025 (S.I. 2025/363), regs. 1(2), 4(2)(b)
F11: Sch. 2 para. 1(2A) 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), 9(2) (with reg. 14)
F12: Words in Sch. 2 para. 1(2A)(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)(ii), Sch. 2 para. 5(2)(a)(i)
F13: Words in Sch. 2 para. 1(2A)(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)(ii), Sch. 2 para. 5(2)(a)(ii)
F14: Sch. 2 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)(ii), Sch. 2 para. 5(2)(b)

Marginal citations

M1: Section 94(1) was amended by section 60 of the 2002 Act and S.I. 2008/2833. It was also amended by section 44 of the 2002 Act but those amendments are not yet in force and have been prospectively repealed, from a date to be appointed, by paragraph 41 of Schedule 11 to the Immigration Act 2016 (“the 2016 Act”). Section 94(1) has also been prospectively amended, from a date to be appointed, by paragraphs 3 and 7 of Schedule 11 to the 2016 Act.
M2: 1998 c. 42; section 6(4) was repealed by paragraph 66 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4).
M3: Section 82 was substituted by section 15(2) of the Immigration Act 2014 (“the 2014 Act”).
M4: 1997 c.68; section 2 was substituted by paragraph 20 of Schedule 7 to the 2002 Act and was amended by paragraph 14 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006 Act, paragraphs 2 and 26 of Schedule 9 to the 2014 Act and section 64(2) of the 2016 Act. The amendments made to section 2 by paragraph 26 of Schedule 9 to the 2014 Act are not yet in force.

Modifications

C1: Sch. 2 Table 6 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. 4, 5