# The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2020, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Immigration and Nationality (Fees) Regulations 2018 (“the 2018 Regulations”).
The 2018 Regulations set fees for (among other things) applications for entry clearance to enter the United Kingdom, and applications for limited leave to remain in the United Kingdom, as a Tier 2 (General) Migrant. Such applications are provided for by the United Kingdom immigration rules made under section 3(2) of the Immigration Act 1971 (c. 77). Regulations 3 and 4 of these Regulations provide for those fees to be reduced, by specified amounts, where the certificate of sponsorship issued in respect of the application confirms that the applicant is eligible for a Health and Care Visa, as provided for by the document entitled “Tier 2 of the Points Based System – Policy Guidance” published by the Home Office. The 2018 Regulations also set fees for applications for entry clearance or limited leave to remain as the dependant of a Tier 2 (General) Migrant. The amendments made by regulations 3 and 4 provide for the reduction of these dependants’ fees by specified amounts where the individual applying as a Tier 2 (General) Migrant (referred to as the “main applicant”) is eligible for a Health and Care Visa (including where the application by the main applicant was made before the introduction of Health and Care Visas but the main applicant would have been eligible if it had been made after their introduction).
The 2018 Regulations also set a fee for applications for entry clearance to enter the Isle of Man as a Worker Migrant. Such applications are provided for by the Isle of Man immigration rules made under section 3(2) of the Immigration Act 1971 as extended to the Isle of Man. Regulation 5 of these Regulations provides for the fee to be reduced by a specified amount where the Confirmation of Employment issued in respect of the application confirms that the applicant is eligible for a Health and Care Visa, as provided for by the document entitled “Confirmation of Employment Guidance” published by the Isle of Man Cabinet Office. The 2018 Regulations also set a fee for applications for entry clearance to enter the Isle of Man as the dependant of a Worker Migrant. The amendments made by regulation 5 provide for the reduction of this fee by a specified amount where the individual applying as a Worker Migrant (referred to as the “main applicant”) is eligible for a Health and Care Visa (including where the application by the main applicant was made before the introduction of Health and Care Visas but the main applicant would have been eligible if it had been made after their introduction).
The 2018 Regulations provide that the fees set for applications for entry clearance to enter the United Kingdom and limited leave to remain in the United Kingdom as a Tier 2 Migrant, and the fee for applications for entry clearance to enter the Isle of Man as a Worker Migrant, are to be reduced by £55 in certain circumstances where the applicant 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 (ETS No. 035) (a “CESC national”). The amendments made by regulations 3, 4 and 5 also provide that where the fee for the application is required to be reduced because the applicant is eligible for a Health and Care Visa, it is that reduced fee which is then to be further reduced by £55 where the applicant is a CESC national.
The Home Office document entitled “Tier 2 of the Points Based System – Policy Guidance” is accessible via www.gov.uk, and copies can be obtained from the Home Office, Fees and Income Planning Team, 8th Floor, Southern House, Wellesley Grove, Croydon, CR0 1XG.
The Isle of Man Cabinet Office document entitled “Confirmation of Employment Guidance” is accessible via www.gov.im, and copies can be obtained from the Passport, Immigration and Nationality Office, Ground Floor, Government Office, Buck’s Road, Douglas, IM1 3PU.
A full impact assessment of the effect that these Regulations will have on the costs of business, the voluntary sector and the public sector is available alongside these Regulations at www.legislation.gov.uk and from the Home Office, Fees and Income Planning Team, 8th Floor, Southern House, Wellesley Grove, Croydon, CR0 1XG.

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Source: https://www.legislation.gov.uk/uksi/2020/736/note (the official version)
Page: https://openlegislation.uk/immigration-and-nationality-fees-amendment-no-3-regulations-2020/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.