OpenLegislation

Paragraph 3 Fee for the process of administrative review, together with provision for exemption from, and waiver or reduction of, that fee

United Kingdom

(1)

A fee of £80 is payable by a person requesting administrative review of—

(a)

a single decision made—

(i)

in respect of a connected application;

(ii)

in respect of an unlinked application; or

(iii)

to cancel leave to enter or leave to remain in the United Kingdom at the border;

(b)

at least two decisions made—

(i)

where one of those decisions is in respect of a connected application, and at least one other decision was in respect of a linked application;

(ii)

where each of those decisions is in respect of two or more unlinked applications made on the same day; or

(iii)

to cancel the leave to enter or leave to remain in the United Kingdom of a person and any of that person's dependants.

F1(c)

a decision to refuse to issue or renew, or to revoke, a frontier worker permit under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.

(2)

In circumstances where administrative review is requested of at least two decisions in respect of at least two unlinked applications made on different days, a fee of £80 is payable in respect of each of those requests for administrative review.

(3)

Notwithstanding sub-paragraphs (1) and (2), no fee is payable for administrative review of a decision—

(a)

in respect of any application F2for entry clearance to enter, leave to enter or leave to remain in the United Kingdom F3... where the person was exempt from paying the fee for the application, or the fee in respect of the application was waived;

F4(aa)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(bb)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

to cancel leave to enter or leave to remain in the United Kingdom where the person was exempt from paying the fee for the application which gave rise to the leave, or the fee in respect of that application was waived F6....

F7(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

If the outcome of administrative review is that the decision under review is maintained, but for different or additional reasons, no fee is payable in respect of any request for administrative review of—

(a)

the revised decision; or

(b)

any subsequent decision made in relation to the application which gave rise to the decision under review.

(5)

F8Subject to F9sub-paragraph (5B), the Secretary of State must refund the fee specified in sub-paragraph (1) or (2) if the outcome of administrative review is that the decision under review is withdrawn.

F10(5A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(5B)

Sub-paragraph (5) also does not apply where the decision under review—

(a)

was a decision to refuse to issue a frontier worker permit to a person under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, or to revoke or refuse to renew a person’s frontier worker permit under those Regulations, and

(b)

is withdrawn solely because information or evidence that was not before the original decision maker has been provided showing that the person qualifies for a frontier worker permit under those Regulations.

(6)

The Secretary of State may waive or reduce the fee specified in sub-paragraph (1) or (2).

Annotations

Textual amendments

F1

Sch. 11 para. 3(1)(c) inserted (6.4.2021 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) Regulations 2021 (S.I. 2021/269), regs. 1(5), 9(3)(a)

F2

Words in Sch. 11 para. 3(3)(a) inserted (6.4.2021 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) Regulations 2021 (S.I. 2021/269), regs. 1(5), 9(3)(b)(i)(aa)

F3

Words in Sch. 11 para. 3(3)(a) omitted (8.10.2026) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2026 (S.I. 2026/1008), regs. 1(2), 9(2)(a)(i)

F4

Sch. 11 para. 3(3)(aa) omitted (8.10.2026) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2026 (S.I. 2026/1008), regs. 1(2), 9(2)(a)(ii)

F5

Sch. 11 para. 3(3)(bb) omitted (8.10.2026) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2026 (S.I. 2026/1008), regs. 1(2), 9(2)(a)(ii)

F6

Words in Sch. 11 para. 3(3)(b) omitted (8.10.2026) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2026 (S.I. 2026/1008), regs. 1(2), 9(2)(a)(iii)

F7

Sch. 11 para. 3(3A) omitted (8.10.2026) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2026 (S.I. 2026/1008), regs. 1(2), 9(2)(b)

F8

Words in Sch. 11 para. 3(5) inserted (6.4.2021 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) Regulations 2021 (S.I. 2021/269), regs. 1(5), 9(3)(d)

F9

Word in Sch. 11 para. 3(5) substituted (8.10.2026) by The Immigration and Nationality (Fees) (Amendment) Regulations 2026 (S.I. 2026/1008), regs. 1(2), 9(2)(c)

F10

Sch. 11 para. 3(5A) omitted (8.10.2026) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2026 (S.I. 2026/1008), regs. 1(2), 9(2)(b)

F11

Sch. 11 para. 3(5B) inserted (6.4.2021 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) Regulations 2021 (S.I. 2021/269), regs. 1(5), 9(3)(f)