The Immigration and Nationality (Cost Recovery Fees) Regulations 2009

In these Regulations—

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

• “the 1997 Act” means the British Nationality (Hong Kong) Act 1997^f2;

• “the 2007 Order” means the Immigration and Nationality (Fees) Order 2007^f3;

• “application for naturalisation” means an application for naturalisation as a:

  1. (a)

     British citizen under section 6(1) or (2) of the 1981 Act, or

  2. (b)

     British overseas territories citizen under section 18(1) or (2) of the 1981 Act;

• “application for registration” means an application for registration as a:

  1. (c)

     British citizen under section 1(3) or (4), 3(1), (2)^f4 or (5)^f5, 4A^f6, 4B^f7, 4C^f8, 10(1)^f9 or (2)^f10, or 13(1) or (3) of, or paragraph 3^f11, 4^f12 or 5 of Schedule 2 to, the 1981 Act;

  2. (d)

     British overseas territories citizen under sections 24 and 13(1), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4, or 5 of Schedule 2 to, the 1981 Act,

  3. (e)

     British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or

  4. (f)

     British subject under section 32 of or paragraph 4 of Schedule 2 to, that Act;

• “assistance” means assistance, accommodation or maintenance provided under—

  1. (g)

     section 17, 20 or 23 of the Children Act 1989^f13,

  2. (h)

     section 22, 25 or 26 of the Children (Scotland) Act 1995^f14, or

  3. (i)

     article 18, 21 or 27 of the Children (Northern Ireland) Order 1995^f15;

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

• “charity” means an English charity, a Scottish charity or a Northern Ireland charity;

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

• “claim for asylum” has the same meaning given in section 94(1) of the Immigration and Asylum Act 1999^f16 and a claim for asylum is to be taken to be determined—

  1. (a)

     on the day on which the Secretary of State notifies the claimant of her decision on the claim,

  2. (b)

     if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or

  3. (c)

     if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002, or section 2 of the Special Immigration Appeals Commission Act 1997^f17, on the day on which the appeal is disposed of;

• “Consular premises” means the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, ordinarily used for the purposes of any consulate-general, consulate, vice-consulate or consular agency of the United Kingdom;

• “Convention travel document” means a travel document issued in accordance with Article 28 of the Refugee Convention (travel documents) or Article 28 of the Stateless Persons Convention (travel documents);

• “Council of Europe Social Charter” means the Council of Europe Treaty establishing social and economic human rights signed in Turin on 18^th October 1961^f18;

• “Council of Europe Revised Social Charter” means the Council of Europe Treaty signed in Strasbourg on 3^rd May 1996^f19;

• “dependant” in respect of a person means—

  1. (a)

     the spouse, civil partner, unmarried or same-sex partner; or

  2. (b)

     a child

  of that person;

• “document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;

• “English charity” means a charity as defined in section 1 of the Charities Act 2006^f20;

• “European Community Association Agreement” means any of the following—

  1. (a)

     the Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963,

  2. (b)

     the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, or

  3. (c)

     the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;

• “Highly Skilled Migrant Programme” means the programme operated by the Secretary of State for highly skilled migrants under the immigration rules;

• “immigration rules” means rules made under section 3(2) of the Immigration Act 1971^f21;

• “leave to remain” includes variation of leave to enter, or remain;

• “Northern Ireland charity” means a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964^f22;

• “Scottish charity” means a body entered in the Scottish Charity Register;

• “small sponsor” means a sponsor that is either—

  1. (a)

     a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006^f23; or

  2. (b)

     in the case of a person who is not a company for the purposes of sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with those sections, a person who employs no more than 50 employees; or

  3. (c)

     a charity;

• “sponsor” means a sponsor within the meaning of the immigration rules;

• “sponsorship licence” means a sponsor licence as identified within the immigration rules;

• “the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;

• “Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points-Based System”;

• “Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points-Based System”;

• “Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points-Based System”;

• “Tier 5 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points-Based System”;

• “Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points-Based System”;

• “unmarried or same-sex partner” of a person means a person who is living with that other person in a relationship akin to marriage which has subsisted for two years or more.

No fee is payable in connection with an application for limited leave to remain in the United Kingdom, which is made on the basis that the applicant is—

No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person who, at the time of making the application, is a child who is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the same meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).

No fee is payable in respect of an application referred to in regulation 3 or 4 if the application is made in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months where the application is made to an immigration officer on arrival at a port of entry in the United Kingdom.

No fee is payable in respect of an application referred to in regulations 3 or 4 if it is made under the terms of a European Community Association Agreement.

Where two or more applications for leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable that being the higher, or as the case may be, the highest of the fees specified in respect of those applications where those fees are different.

The applicant incurs an increase of £50 to the application fee for each person submitted as a dependant to that application whether—

No fee is payable in relation to an application referred to in regulation 12 where—

The official determining the application may waive the payment of a fee or reduce the fee required under regulation 12 where—

In the case of an application to which article 3(2)(la) of the 2007 Order applies, the fee is £46.

In the case of an application to which article 3(2)(lb) of the 2007 Order applies, and where the application is made in respect of an applicant who is in the United Kingdom, the fee is £140.

In the case of an application to which article 3(2)(m) or (n) of the 2007 Order applies, namely an application for permission to marry under section 19(3)(b), 21(3)(b) or 23(3)(b) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004^f1 or to form a civil partnership under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004^f2, the fee to be paid is £295.

In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is in respect of a person who, if granted a sponsorship licence, would be a small sponsor and the application is for a sponsorship licence in respect of Tier 2 migrants, the fee is £300.

Subject to regulation 24, in the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is—

In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is for a licence referred to in sub-paragraphs (a) to (c) of regulation 23 and is in respect of a person who—

the fee is £100.

the fee is £10.

In respect of a service to which article 4(2)(g) of the 2007 Order applies, namely the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former Nationality Acts or the 1997 Act, the fee to be paid for the provision of this service is £75.

In the case of an application to which article 3(2)(d) of the 2007 Order applies, for a letter to confirm the amendment to information held by the UK Border Agency relating to employment within the terms of the work permit arrangements, which does not constitute a change requiring a new application for permission to work, the fee is £20.

In the case of an application to which article 3(2)(q) of the 2007 Order applies, namely an application for a letter or other document confirming—

the fee is £75.

the fee is £128 per hour up to a maximum of £922 a day.

Where an application to which these Regulations refer is to be accompanied by a specified fee, the application is not validly made unless it has been accompanied by that fee.

The following Regulations are revoked —

(This note is not part of the Regulations)