Explanatory note

These Regulations amend the Immigration and Nationality (Fees) Regulations 2018 (“the principal Regulations”).

Regulations 4(b) and 9(1), (2)(a) and (3) provide for a new exception from the requirement to pay a fee for certain applications for registration as a British citizen under section 4F of the British Nationality Act 1981 (c. 61). The fees for such applications are currently set by entries 19.2.1 and 19.3.1 in Table 19 in Schedule 8 to the principal Regulations.

Regulations 4(c) and 9(1), (2)(b) and (4) confer a power on the Secretary of State to waive payment of the fee set by entry 19.3.1 in Table 19 in Schedule 8 to the principal Regulations in respect of an application, made on specified grounds under section 3(1) of the British Nationality Act 1981, for a child born on or after 1st July 2006 to be registered as a British citizen at the Secretary of State’s discretion.

Regulations 5 and 10(1), (2), (5) and (6) provide for new exceptions from requirements to pay a fee for certain applications for entry clearance to enter the Isle of Man. The exceptions apply to applications for entry clearance under Appendix EU (Family Permit) to the Isle of Man immigration rules and applications for entry clearance made for the purposes of an application for leave to enter or remain in the Isle of Man under Appendix EU to those rules. Those Appendices make provision in connection with the withdrawal of the United Kingdom from the European Union. Appendix EU (Family Permit) provides for citizens of countries outside the EEA and Switzerland to be granted entry clearance to join or accompany a family member who is an EEA or Swiss citizen who has been granted leave to enter or remain in the Isle of Man under Appendix EU to the Isle of Man immigration rules. Appendix EU provides for EEA and Swiss citizens, and their family members, and the family members of certain British citizens, to obtain leave to enter or remain in the Isle of Man.

Regulations 6 and 7 remove existing fees for applications for entry clearance to enter, and for limited leave to remain in, the United Kingdom as a Tier 1 (Graduate Entrepreneur) Migrant. The United Kingdom immigration rules no longer provide for such applications. However, it continues to be possible for dependants of Tier 1 (Graduate Entrepreneur) Migrants to apply for entry clearance and for limited leave to remain, and the amendments made by regulations 6(3) and 7(3) preserve the existing fees for such applications (currently set by paragraph 3 of Schedule 1 and paragraph 3 of Schedule 2 to the principal Regulations).

Regulation 8 removes existing fees for the provision, for a period of three months, of premium services to sponsors who issue certificates of sponsorship for persons seeking entry clearance to enter, leave to enter or leave to remain in the United Kingdom under Tier 2 or Tier 5 in the United Kingdom immigration rules. The provision of these services for a limited three month period has been withdrawn.

Regulation 10(1), (3)(a) and (7)(a) removes existing fees for applications for entry clearance to enter the Isle of Man as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant. The Isle of Man immigration rules no longer provide for such applications. However, it continues to be possible for dependants of Tier 1 (Entrepreneur) Migrants and Tier 1 (Graduate Entrepreneur) Migrants to apply for entry clearance, and regulation 10(4) preserves the existing fees for such applications (currently set by paragraph 3 of Schedule 9 to the principal Regulations).

Regulation 10(1) and (3)(b) sets new fees for applications for entry clearance to enter the Isle of Man as an Innovator or a Start-up Migrant. Regulation 10(7)(c) provides for the reduction of such fees in specified circumstances. Regulation 3 adds definitions of “Innovator” and “Start-up Migrant” in relation to the Isle of Man for these purposes (and restates the definitions of those expressions that already apply to other provisions of the principal Regulations in relation to the United Kingdom).

Regulation 11 sets a new fee for applications for entry clearance to enter the Bailiwick of Guernsey for the purposes of work permit employment for a period of 9 months or less.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.