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), (the “Fees Order 2007”) applications and processes in connection with immigration or nationality in respect of which she was going to charge a fee. These Regulations, which amend the Immigration and Nationality (Cost Recovery Fees) Regulations 2007 (S.I. 2007/936), as amended by the Immigration and Nationality (Cost Recovery Fees) (Amendment) Regulations 2008 (S.I. 2008/218) and the Immigration and Nationality (Cost Recovery Fees) (Amendment No.2) Regulations 2008 (S.I. 2008/1337) (the “2007 Regulations”), specify the fee for an application for:
leave to remain as a Tier 4 migrant (as defined in these Regulations) (regulation 4 as amended by regulation 3(3));
entry clearance as a Tier 4 migrant (regulation 10A, as substituted by regulation 3(4));
entry clearance as a Tier 5 (Temporary Worker) migrant (as defined in the 2007 Regulations) made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter (a “CESC national”) (regulation 10A)
entry clearance as an academic visitor under the immigration rules (regulation 10A); and
entry clearance as a visitor where the Secretary of State decides that the application is one to which the operation of a scheme for a reduced entry clearance fee applies (regulation 10A).
The Regulations remove the fees for the following applications (regulation 10A):
entry clearance outside the immigration rules on an application by entertainers as referred to in Chapter 17 Section 3 of the Immigration Directorate’s Instructions dated April 2007;
entry clearance outside the immigration rules on an application by sportsmen and sportswomen as referred to in Chapter 17 Section 8 of the Immigration Directorate’s Instructions dated August 2001; and
entry clearance outside the immigration rules on an application by voluntary workers as referred to in Chapter 17 Section 9 of the Immigration Directorate’s Instructions dated July 2003.
The Regulations also remove the exemption from the requirement to pay a fee for an application for entry clearance as a Tier 5 (Temporary Worker) migrant which is made in respect a CESC national or a national of a state which has ratified the Council of Europe Revised Social Charter (“CERSC national”) (regulation 10B as amended by regulation 3(5)).