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. 2008/166 and the Immigration and Nationality (Fees) (Amendment) Order 2009 S.I.2009/420), those matters in connection with immigration or nationality in respect of which a fee is to be charged. The Secretary of State in prescribing a fee for the applications referred to in these Regulations has, relying on section 42(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, prescribed an amount which is intended to exceed the administrative cost of determining the application and reflect benefits that are likely to accrue to the person who makes the application, to whom the application relates or by or for whom the process is undertaken, if the application is successful or the process completed.
These Regulations revoke, and replace with modifications, the Immigration and Nationality (Fees) Regulations 2010 (S.I. 2010/778).
They specify fees for certain matters and set out the relevant exceptions. They also set out the consequences of failing to pay those specified fees. The fees for other matters specified in the Immigration and Nationality (Fees) Order 2007 (S.I. 2007/807) will be specified in other Regulations made under section 51(3) of the Immigration, Asylum and Nationality Act 2006.
The Regulations remove the fee contributing to the fund to manage the transitional impacts of migration in respect of limited leave to remain applications and the additional charge to the main applicant to reflect the costs of submitting the application of a dependant at the same time in respect of leave to remain applications. Instead, these Regulations introduce separate fees for dependants in Regulations 11 and 13 to reflect the costs of processing those applications submitted at the same time as the main applicant.
Regulation 3 specifies fees for the following limited leave to remain applications in the United Kingdom:
employment under the Sectors-Based Scheme;
Home Office approved training or work experience;
employment as a seasonal agricultural worker.
Regulation 4 specifies fees for limited leave to remain applications in the UK for work permit employment.
Regulation 5 specifies fees for limited leave to remain applications in the UK for a retired person of independent means and a sole representative.
Regulation 6 specifies fees for limited leave to remain applications for certain Tier 1 migrants under the immigration rules.
Regulation 7 specifies fees for limited leave to remain applications in the United Kingdom for applications other than those referred to in regulations 3, 4, 5, 6, 8, 9 and 10.
Regulation 8 specifies the fee for limited leave to remain as a Tier 2 migrant under the immigration rules.
Regulation 9 specifies fees for limited leave to remain as a Tier 4 migrant under the immigration rules in respect of an application made at a Public Enquiry Office of the UK Border Agency of the Home Office.
Regulation 10 specifies fees for limited leave to remain applications as a Tier 5 (Temporary Worker) migrant under the immigration rules in respect of an application made at a Public Enquiry Office of the UK Border Agency of the Home Office.
Regulation 11 provides a fee for submitting an application as a dependant upon an application for limited leave to remain.
Regulation 12 sets out the fee for an application for indefinite leave to remain in the United Kingdom under the immigration rules. It also includes a separate fee for individuals applying under paragraph 317 of the immigration rules.
Regulation 13 provides a fee for submitting an application as a dependant upon an application for indefinite leave to remain.
Regulations 14 to 20 provide a number of exceptions to the requirement to pay a specified fee for limited leave to remain and indefinite leave to remain applications.
Regulation 21 sets out the fee for an application for naturalisation as a British Citizen or British Overseas Territories Citizen.
Regulation 22 sets out the fee for registering either an adult, a child or children as a British Citizen. It also introduces a fee waiver for applicants applying to register as British Citizens under section 4C of the British Nationality Act 1981.
Regulation 23 sets out the fee for sponsorship applications in respect of Tier 2, Tier 4 and Tier 5 migrant applications.
Regulation 24 sets out the fees for entry clearance applications into the United Kingdom. It also specifies a separate fee for applicants seeking to enter the United Kingdom under paragraph 317 of the Immigration Rules.
Regulations 25 and 26 provide for a number of exceptions to the requirement to pay an entry clearance fee.
Regulation 27 sets out the fee for the process of issuing a certificate of sponsorship in respect of an application for leave to remain or enter as a Tier 2 migrant under the immigration rules.
Regulation 28 sets out the fee for an application to transfer conditions.
Regulation 29 sets out a fee for an application for leave to remain made on a premium case working basis.
Regulation 30 sets out the consequences of failing to pay the specified fee under these Regulations.
Regulation 31 revokes the Immigration and Nationality (Fees) Regulations 2010 (S.I. 2010/778).
A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the UKBA website www.ukba.homeoffice.gov.uk