Explanatory note
(This note is not part of the Regulations)
The Secretary of State specified in the Immigration and Nationality (Fees) Order 2007 (S.I. 2007/807), (as amended by the Immigration and Nationality (Fees) (Amendment) Order 2008 S.I. 2008/106) applications and processes in connection with immigration or nationality in respect of which a fee was to be charged. These Regulations, which amend the Immigration and Nationality (Fees) Regulations 2007 (S.I. 2007/1168) (as amended by the Immigration and Nationality (Fees) (Amendment) Regulations 2008 (S.I. 2008/544) and the Immigration and Nationality (Fees Amendment No.2) Regulations 2008 (S.I. 2008/1695)) (the “2007 Regulations”) specify the fees for an application for:
limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules that is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office (regulation 5A(3)(b), as inserted by regulation 2(3));
entry clearance as a Tier 1 (General) migrant and a Tier 1 (Entrepreneur) migrant under the immigration rules in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter (“CESC national”) (regulation 20B, as substituted by regulation 2(9));
entry clearance as a Tier 2 migrant under the immigration rules in respect of a person who is a CESC national (regulation 20B); and
a sponsorship licence in respect of:
Tier 2 migrants;
Tier 2 and Tier 4 migrants;
Tier 2 and Tier 5 migrants; or
Tier 2, Tier 4 and Tier 5 migrants,
where the application is in respect of a person who holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and 5 migrants and is not a small sponsor (as defined in the 2007 Regulations) (regulation 20AA, as inserted by regulation 2(8)).
These Regulations remove the exemption from the requirement to pay a fee for an application for leave to remain in any category of Tier 1 under the immigration rules that is made in respect of a person who is a CESC national or a national of a state which has ratified the Council of Europe Revised Social Charter (“CERSC national”), and replace it with an exemption for an application for leave to remain as a Tier 1 (General) or as a Tier 1 (Entrepreneur) migrant that is made in respect of a CESC national or a CERSC national (regulation 9, as substituted by regulation 2(4)).
These Regulations remove the exemption from the requirement to pay a fee for an application for entry clearance as a Tier 1 migrant or as a Tier 2 migrant that is made in respect a CESC national or a CERSC national (regulation 20C as amended by regulation 2(10)). The reference in regulation 20C to a Tier 5 (Temporary Worker) migrant is also removed as it is redundant.
The Regulations also remove the fee for an immigration employment document (regulation 2(6) of these Regulations).