The Immigration and Nationality (Fees) Regulations 2013

These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2013 and shall come into force on 6th April 2013 if they are made before that date or if they are made on or after that date the day after the day on which they are made.

In these Regulations—

• “the 1971 Act” means the Immigration Act 1971^f1;

• “the 2011 Order” means the Immigration and Nationality (Fees) Order 2011;

• “approval letter from a designated competent body” means a letter from a designated competent body within the meaning of the immigration rules endorsing a prospective application for leave to remain in, or entry clearance to enter, the United Kingdom as a Tier 1 (Exceptional Talent) Migrant;

• “biometric immigration document” has the same meaning as in section 5 of the UK Borders Act 2007^f2;

• “CESC national” means a person who is a national of a state which has ratified the European Social Charter, agreed by the Council of Europe at Turin on 18th October 1961^f3;

• “child” means a person under the age of 18;

• “dependant” in respect of a person means-

  1. (a)

     the spouse or civil partner of that person;

  2. (b)

     someone who has been living with that person in a relationship akin to a marriage or civil partnership for at least two years; or

  3. (c)

     a child of that person;

• “EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12^th September 1963;

• “entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act^f4, as extended to the Channel Islands^f5;

• “immigration and nationality fees regulations” means regulations made under sections 51(3) and 52(1) and (3) of the Immigration, Asylum and Nationality Act 2006;

• “immigration rules” means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the 1971 Act^f6;

• “leave to enter the United Kingdom” means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

• “leave to remain in the United Kingdom” means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

• “sponsor” means a sponsor under Part 6A of the immigration rules;

• “sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a sponsor;

• “Tier 1 Migrant”, “Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”, “Tier 1 (General) Migrant”, “Tier 1 (Graduate Entrepreneur) Migrant”, “Tier 1 (Investor) Migrant”, and “Tier 1 (Post-Study Work) Migrant” have the same meaning as provided in the immigration rules;

• “Tier 2 Migrant” and “Tier 2 (Intra-Company Transfer) Migrant” have the same meaning as provided in the immigration rules;

• “Tier 4 Migrant” and “Tier 4 (General) Student” have the same meaning as provided in the immigration rules;

• “Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant have the same meaning as provided in the immigration rules;

• “transfer of conditions” means—

  1. (a)

     the fixing of a stamp, sticker or other attachment on a passport or other document issued to the applicant, which indicates that a person has been granted limited, or indefinite, leave to enter or remain in the United Kingdom; or

  2. (b)

     the issuing of a biometric immigration document to replace a stamp, sticker or other attachment on a passport or other document issued to the applicant, which indicated a person had been granted limited, or indefinite, leave to enter or remain in the United Kingdom;

• “United Kingdom Border Agency” means the United Kingdom Border Agency of the Home Office.

Schedule 1 (Fees for applications for leave to remain in the United Kingdom) to these Regulations has effect to specify—

Schedule 2 (Fees for applications for entry clearance to enter the United Kingdom) to these Regulations has effect to specify

Schedule 3 (Fees in relation to Sponsor Licences) to these Regulations has effect to specify the amount of the fees for specified applications for sponsor licences, for optional customer services for sponsors, and for related processes for the purposes of articles 3(2)(t) and (u), 4(m), and 5 of the 2011 Order.

Schedule 4 (Fees for applications in connection with nationality) to these Regulations has effect to specify the amount of fees for specified applications in connection with nationality for the purposes of article 3(2)(h), (j), (k), (l), (m), (n), (o) and (p) of the 2011 Order.

Schedule 5 (Fees for entry clearance to enter the Channel Islands) to these Regulations has effect to specify the amount of fees for specified applications for entry clearance to enter either of the Channel Islands for the purposes of article 6 of the 2011 Order and exceptions to the requirement to pay such fees and circumstances in which such fees may be waived or reduced.

Schedule 6 (Fees for expediting applications, applications made in person, and optional services for applicants) to these Regulations has effect to specify—

Where these Regulations specify a fee which must accompany an application for the purposes of the 2011 Order, the application is not validly made unless it is accompanied by the specified fee.

The Immigration and Nationality (Fees) Regulations 2012^f1 are revoked.

The fees specified in Tables 1 and 2 for applications for leave to remain in the United Kingdom as the dependant of a person making such an application (“the main applicant”) only apply where—

Where—

In this Schedule—

• “certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one of more applications, or potential applications, for leave to remain in or enter the United Kingdom;

• “small or charitable sponsor” means a sponsor that is—

  1. (a)

     a company that is subject to the small companies regime under section 381 of the Companies Act 2006^f1;

  2. (b)

     in the case of a person who is not a company for the purposes of those sections, a person who employs no more than 50 employees; or

  3. (c)

     a charity within the meaning of section 1 of the Charities Act 2011^f2, or section 1 of the Charities Act (Northern Ireland) 2008^f3 or a body entered in the Scottish Charity Register.

Table 7 specifies the amount of the fees for the specified applications for sponsor licences or the renewal of such a licence where the application is not in respect of a small sponsor, for the issuing of certificates of sponsorship, and for optional customer services for sponsors.

In this Schedule—

• “the 1981 Act” means the British Nationality Act 1981^f1;

• “the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 1982^f2;

• “application for naturalisation as a British citizen” means an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act;

• “application for naturalisation as a British overseas territories citizen” means an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act;

• “application for registration as a British citizen under the 1981 Act” means an application for registration as a British citizen under section 1(3)^f3, (3A)^f4 or (4), 3(1), (2)^f5 or (5)^f6, 4(2) or (5), 4A^f7, 4B^f8, 4D^f9, 10(1)^f10 or (2)^f11, or 13(1) or (3) of the 1981 Act, or paragraph 3^f12, 4^f13 or 5 of Schedule 2 to, the 1981 Act;

• “application for registration as a British citizen under the 1997 Act” means an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 1997^f14;

• “application for registration as a British overseas territories citizen” means an application for registration as a British overseas territories citizen under sections 13(1) or (3) of the 1981 Act (as applied by section 24^f15 of that Act), or 15(3)^f16 or (4)^f17, 17(1)^f18, (2)^f19 or (5)^f20, or 22(1)^f21 or (2)^f22 of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act;

• “application for registration as a British overseas citizen” means an application for registration as a British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act;

• “application for registration as a British protected person” means an application for registration as a British protected person under article 7 of the 1982 Order^f23;

• “application for registration as a British subject” means an application for registration as a British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act.

Where either a husband and wife, or two people who are civil partners of each other, apply at the same time for naturalisation as British citizens or British overseas territories citizens and at the time the applications are made are residing together, the fee payable is—

Where two or more applications are made at the same time for the registration of children as British citizens, British overseas territories citizens, British overseas citizens or British subjects and those children have the same parent, step-parent or adoptive parent, the fee payable is—

In this Schedule—

• “work permit employment” means employment as a work permit holder under—

  1. (a)

     Rules made by the Minister for Home Affairs in respect of the Bailiwick of Jersey under section 1(4) of the 1971 Act^f1; or

  2. (b)

     Rules made by the States of Guernsey Home Department in respect of the Bailiwick of Guernsey under section 3(2) of the 1971 Act^f2.

Table 11 specifies the amount of fees for the provision of the specified services and applications for the transfer of conditions.

(This note is not part of the Regulations)