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The Immigration Services Commissioner (Application Fee) Order 2011

S.I. 2011/1366 · Made 29 May 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 24 May 2022.

Immigration

Made 29th May 2011

Laid before Parliament 3rd June 2011

Coming into force 8th July 2011

The Secretary of State, in exercise of the powers conferred by section 166(3) of, and paragraph 5(1) of Schedule 6 to, the Immigration and Asylum Act 1999f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1999 c.33.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Meaning of “relevant advisers”
  4. 4Fees payable for registration and continued registration
  5. 5Fees payable for registration and continued registration
  6. 6Fees payable for registration and continued registration
  7. 6AWaiver of specified fee
  8. 7Revocation
  9. Signature
  10. Schedule Table of Fees
  11. Explanatory note

1Citation and commencementI1

This Order may be cited as the Immigration Services Commissioner (Application Fee) Order 2011 and shall come into force on 8th July 2011.

2InterpretationI1

In this Order—

  • “the Act” means the Immigration and Asylum Act 1999;

  • “continued registration” means registration to be continued under paragraph 3(1) of Schedule 6 to the Act;

  • “immigration rules” means the rules made under section 3(2) of the Immigration Act 1971f1;

  • “level 1 adviser” means a person providing immigration advice or immigration services only in connection with—

    1. (a)

      the matters set out in F1paragraphs (ba) and (d) of the definition of “relevant matters” in section 82(1) of the Act; or

    2. (b)

      the matter set out in paragraph (b) of the definition of “relevant matters” in section 82(1) of the Act, but only in so far as the advice or services is in connection with an application for, or for the variation of, entry clearance or leave to enter or remain in the United Kingdom for a purpose for which entry or remaining is permitted in accordance with the immigration rules;

  • “registration” means registration under section 84(2)(a) F2...f2 of the Act;

  • “relevant advisers” is to be construed in accordance with article 3 of this Order.

3Meaning of “relevant advisers”I1

“Relevant advisers” means, in respect of—

(a)

an individual, that individual together with—

(i)

the employees of that individual who provide immigration advice or immigration services, excluding such employees who are qualified under F1section 84(2)(b) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii)

the persons who provide immigration advice or immigration services who work under the supervision of that individual and his employees, excluding such persons who are qualified persons under section 84(2)(b) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(b)

a body corporate or unincorporate—

(i)

the members and employees of that body who provide immigration F2advice or immigration services, excluding such members and employees who are qualified persons under section 84(2)(b) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies; and

(ii)

the persons who provide immigration advice or immigration services who work under the supervision of such members and employees, excluding such persons who are qualified under section 84(2)(b) to (e) of the Act, or who are persons to whom section 84(4) of the Act applies.

4Fees payable for registration and continued registrationI1

On an application for registration—

(a)

The fee payable by a level 1 adviser shall be F1£733;

(b)

The fee payable by any other person providing immigration advice or immigration services shall be the fee in column 2 of the Table of Fees set out in the Schedule to this Order (“the table”) which applies in respect of that person’s entry in column 1 of the table.

5Fees payable for registration and continued registrationI1

On an application for continued registration—

(a)

the fee payable by a level 1 adviser shall be F1£733;

(b)

the fee payable by any other person providing immigration F2advice or immigration services shall be the fee in column 3 of the table which applies in respect of that person’s entry in column 1 of the table.

6Fees payable for registration and continued registrationI1

A person’s entry in column 1 of the table shall be determined by reference to the number of relevant advisers in respect of that person at the date of the application for registration or, as the case may be, continued registration.

6AWaiver of specified feeF1

On an application for registration or, as the case may be, continued registration, the Commissioner must waive all of the fee specified in this Order where the applicant is a person who—

(a)

provides immigration advice or immigration services in the course of a business that is not for profit; and

(b)

does not charge a fee, directly or indirectly, for the provision of that advice or those services.

7RevocationI1

The Immigration Services Commissioner (Registration Fee) Order 2004f1 is hereby revoked.

Signature

Damian Green

Minister of State

Home Office

29th May 2011

Table of FeesI1

Column 1

Number of relevant advisers

Column 2

Fee payable for registration

Column 3

Fee payable for continued registration

1-4F1£2,232F2£1,646
5-9F3£2,500F4£2,041
10 and overF5£3,023F6£2,698

Explanatory note

(This note is not part of the Order)

This Order replaces the Immigration Services Commissioner (Registration Fee) Order 2004 (the “2004 Order”) which is revoked by article 7. This Order specifies the fees to be paid to the Immigration Services Commissioner on making an application for registration or continued registration with that Commissioner as required under Part V of the Immigration and Asylum Act 1999 (“the Act”).

Articles 4(a) and 5(a) provide that the fee payable by level 1 advisers for registration or continued registration is £575. A level 1 adviser is defined in article 2.

For advisers other than level 1 advisers articles 4(b) and 5(b) replicate the fee structure set out in the 2004 Order, namely the fee varies according to the number of members and employees, or persons working under supervision of such members or employees, of the person applying for registration who provide immigration advice or immigration services. By virtue of article 3 such members or employees or persons working under their supervision are excluded from the total figure if they are qualified persons within the meaning of sections 84(2)(c) to (e) of the Act, or if they are persons to whom section 84(4) applies. Under column 3 of the table in the Schedule to this Order, the fee for continued registration for persons other than level 1 advisers is less than the fee for registration.