# The Immigration and Nationality (Fees) Regulations 2011, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations, made under sections 51(3), 52(1) and 52(3) of the Immigration, Asylum and Nationality Act 2006, specify fees relating to immigration and nationality. They follow on from the Immigration and Nationality (Fees) Order 2011, which sets out the applications, services and processes related to immigration and nationality in respect of which fees may be specified in regulations.
These Regulations specify fees in cases where the amount of the fee either exceeds the administrative costs incurred by the Secretary of State or reflects the costs related to other applications, services or processes relating to immigration or nationality. The Secretary of State is permitted to set fees exceeding the administrative costs of processing an application or providing a process or service by sections 42 (1), (2), and (2A) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. Under section 42(7) of that Act any instrument made in reliance on sections 42(1), (2) and (2A), such as these Regulations, must be approved by both Houses of Parliament before it is made.
These Regulations replace, with modifications, the Immigration and Nationality (Fees)(No.2) Regulations 2010. They specify fees relating to; applications for limited and indefinite leave to remain in the United Kingdom, applications for entry clearance into the United Kingdom, and applications relating to nationality. They include fees for applications for entry clearance or leave to remain made under the Points Based System set out in Part 6A of the immigration rules. These Regulations in addition specify the fees for various services and processes, including the expedited provision of residence cards and permanent residence cards, the processing of applications for limited leave to remain made on a premium case working basis and the provision of services by the United Kingdom Border Agency outside office hours. Finally these Regulations specify a number of fees for applications made outside the United Kingdom for entry clearance into Jersey, Guernsey, and the Isle of Man. These fees were previously charged under the Consular Fees Order 2010; the fees in these Regulations replace the fees specified in that Order.
Fees relating to immigration and nationality applications, processes and services, which do not exceed the administrative costs involved, are specified in other regulations made under sections 51(3), 52(1) and 52(3) of the Immigration, Asylum and Nationality Act 2006.

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Source: https://www.legislation.gov.uk/ukdsi/2011/9780111508633/note (the official version)
Page: https://openlegislation.uk/draft-immigration-and-nationality-fees-regulations-2011/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.