Explanatory note

These Regulations are concerned with fees payable for the exercise of functions in connection with immigration and nationality.

Regulation 2 requires the Secretary of State to refund fees paid before 7.00 a.m. on 30th March 2019 in respect of applications under Appendix EU to the United Kingdom immigration rules (“EU Settlement Scheme applications”) for leave to remain in the United Kingdom, and also to refund any fee paid before that time for the processing of such an application where the application was rejected as invalid. Regulation 2 also requires the Secretary of State to waive the payment of any fee that was payable for an EU Settlement Scheme application made before 7.00 a.m. on 30th March 2019 where the application had not been determined by then and the fee had not been paid.

Regulations 3 to 12 amend the Immigration and Nationality (Fees) Regulations 2018 (“the principal Regulations”).

Regulations 4(3) and (4), 5(2)(h) and (5) and 6(3) and (9) set new fees for applications for entry clearance to enter the United Kingdom and applications for limited leave to remain in the United Kingdom as an Innovator or a Start-up Migrant, and for the reduction of these fees in specified circumstances. The United Kingdom immigration rules have been amended to provide for such applications, and “Innovator” and “Start-up Migrant” are defined by reference to the rules.

Regulations 5(4), 6(2) and (5) to (8) and 7(3)(d) to (f) and (4) remove fees that were previously set in relation to EU Settlement Scheme applications. They also provide for new exceptions from fees that would otherwise be payable for such applications and applications for entry clearance to enter the United Kingdom under Appendix EU (Family Permit) to the United Kingdom immigration rules.

Regulation 5(4) also provides for exceptions from the fees for applications for entry clearance to enter the United Kingdom where the applications are made by certain Afghan citizens and their dependants in connection with applications for leave to enter the United Kingdom under specified paragraphs of the United Kingdom immigration rules.

Regulation 7(2) and (3)(b) sets fees in respect of applications for replacement and amended “Appendix EU biometric residence cards”, which are cards containing biometric information issued to people who have been granted leave to remain in the United Kingdom under Appendix EU to the United Kingdom immigration rules.

Regulation 11(2), (3), (5) and (6) provides exceptions from fees for applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey for the purposes of an application for leave to enter or remain in Guernsey or Jersey under, respectively, Appendix EU to the Guernsey immigration rules or Appendix EU(J) to the Jersey immigration rules. It also provides a fee exception for applications for entry clearance to enter the Bailiwick of Jersey made under Appendix EU(J) (Family Permit) to the Jersey immigration rules.

Regulation 11(4)(e) and (f) reduces the fee for applications for entry clearance to enter the Bailiwick of Jersey for the purposes of unskilled seasonal work permit employment for a period of 9 months or less.

Regulation 12 amends paragraph 3 of Schedule 11 to the principal Regulations to preserve the fee for administrative review of decisions in respect of EU Settlement Scheme applications, subject to exceptions. It also amends that paragraph to provide that the obligation under sub-paragraph (5) to refund a fee does not apply where a decision in respect of an EU Settlement Scheme application is withdrawn because it is held to be incorrect solely in the light of information or evidence which was not before the original decision-maker. The definition of “administrative review” is clarified by regulation 4(2).

The remaining provisions of these Regulations are concerned with removing redundant fees and increasing the amount of certain specified fees.

These Regulations refer to Appendix EU and Appendix EU (Family Permit) to the United Kingdom immigration rules, and to corresponding provisions of the Guernsey and Jersey immigration rules, which make provision in connection with the United Kingdom’s withdrawal from the European Union. Appendix EU to the United Kingdom immigration rules provides for citizens of countries in the European Economic Area (“the EEA”) and of Switzerland, and their family members, and the family members of certain British citizens, to obtain leave to enter or remain in the United Kingdom. Appendix EU (Family Permit) provides for citizens of countries outside the EEA and Switzerland to be granted entry clearance to join or accompany an EEA or Swiss citizen who has been granted leave under Appendix EU. Similar provision is made in relation to Jersey by Appendix EU(J) and Appendix EU(J) (Family Permit) to the Jersey rules, and Appendix EU to the Guernsey rules makes provision similar to that in Appendix EU to the United Kingdom rules.

An impact assessment of the effect of the EU Settlement Scheme was published in July 2018, and an updated impact assessment has been prepared to take account of the provisions of these Regulations relating to applications under that Scheme. An impact assessment of the effect of the Immigration and Nationality (Fees) Order 2016 was published in 2016, and a further impact assessment has been prepared supplementing that assessment to take account of the increase of certain fees by these Regulations. These two impact assessments are 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. In other respects no impact, or no significant impact, on the private, voluntary or public sector is foreseen and therefore a full impact assessment has not been produced.