Statutory Instruments
2014 No. 581
Immigration
Nationality
The Immigration and Nationality (Cost Recovery Fees) Regulations 2014
Made
11th March 2014
Laid before Parliament
13th March 2014
Coming into force
6th April 2014
The Secretary of State makes the following Regulations with the consent of the Treasury(1), in exercise of the powers conferred by sections 51(3) and 52(1), (3) and (6) of the Immigration, Asylum and Nationality Act 2006(2).
These Regulations are made pursuant to the Immigration and Nationality (Fees) Order 2011(3).
Citation, commencement and interpretation
1. These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2014 and come into force on 6th April 2014.
2. In these Regulations—
“the 1971 Act” means the Immigration Act 1971(4);
“the 1981 Act” means the British Nationality Act 1981(5);
“the 1999 Act” means the Immigration and Asylum Act 1999(6);
“the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 1982(7);
“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008(8);
“the 2011 Order” means the Immigration and Nationality (Fees) Order 2011;
“biometric immigration document” has the same meaning as provided in section 5 of the UK Borders Act 2007(9);
“CESC national” means a person who 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(10);
“child” means a person under the age of 18;
“dependant” in respect of a person means—
(a)
the spouse or civil partner of that person;
(b)
someone who has been living with that person in a relationship akin to a marriage or civil partnership for at least two years; or
(c)
a child of that person;
“Direct Airside Transit Visa” means a transit visa within the meaning of section 41(2) of the 1999 Act, authorising the holder to remain within an airport, without passing through immigration control, pending departure on another flight from the same airport;
“EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963(11);
“entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act(12);
“immigration employment document” means a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom;
“immigration rules” means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the 1971 Act(13);
“indefinite leave” means leave to enter or remain (as the case may be) in the United Kingdom which is not limited as to duration;
“leave to enter the United Kingdom” means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules, and any subsequent variation of that leave;
“leave to remain in the United Kingdom” means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules, and any subsequent variation of that leave;
“limited leave” means leave to enter or remain (as the case may be) in the United Kingdom which is limited as to duration;
“process used to take a record of a person’s biometric information” means the process, or combination of processes to which a person may be required to submit to permit a record of their fingerprints or a photograph of their face to be taken for the purposes of regulation 8(2)(d)(14) of the 2008 Regulations;
“sponsor” means a sponsor under Part 6A of the immigration rules;
“sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a sponsor;
“Tier 2 Migrant”, “Tier 4 Migrant”, “Tier 5 Migrant” and “Tier 5 (Temporary Worker) Migrant” have the same meaning as provided in the immigration rules;
“transfer of conditions” means the fixing of a stamp, sticker or other attachment on a passport or other document issued to an applicant, which indicates that a person has been granted leave to enter or remain in the United Kingdom;
“travel document” means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the United Kingdom, and is issued by the Home Office to persons who are stateless or cannot obtain or use a passport issued by their own country.
Fees for applications, services, and processes in connection with immigration and nationality
3. Schedule 1 (Fees for applications for entry clearance to enter the United Kingdom) has effect to specify the amount of the fees for the specified applications for entry clearance to enter the United Kingdom for the purposes of article 3(2)(b) of the 2011 Order, exceptions to the requirement to pay such fees, and circumstances in which such fees may be waived or reduced.
4. Schedule 2 (Fees for applications for sponsor licences, highly trusted sponsor status, and related applications and processes) has effect to specify the amount of the fees for—
(i)applications for the specified sponsor licences for the purposes of article 3(2)(t) of the 2011 Order;
(ii)applications for permission for a student given leave to enter, or remain in the United Kingdom to change their sponsor for the purposes of article 3(2)(d) of the 2011 Order;
(iii)applications for changes to a sponsor’s status for the purposes of article 3(2)(u) of the 2011 Order; and
(iv)processes related to sponsors for the purposes of article 5(a) and (b) of the 2011 Order.
5. Schedule 3 (Fees for documents relating to immigration) has effect to specify—
(a)the amount of the fees for—
(i)the specified applications for a transfer of conditions for the purposes of article 3(2)(e) of the 2011 Order;
(ii)the specified application for an immigration employment document for the purposes of article 3(2)(f) of the 2011 Order;
(iii)the specified applications for travel documents for the purposes of article 3(2)(g) of the 2011 Order;
(iv)the specified application for a Direct Airside Transit Visa for the purposes of article 3(2)(q) of the 2011 Order;
(v)the specified applications for a registration certificate, a residence card, a document certifying permanent residence, a permanent residence card or a derivative residence card, for the purposes of article 3(2)(w) of the 2011 Order;
(vi)the specified applications for a biometric immigration document for the purposes of article 3(2)(s) of the 2011 Order;
(vii)the process used to take a record of a person’s biometric information for the purposes of article 5(c) of the 2011 Order; and
(b)exceptions to the requirement to pay the fees referred to in sub-paragraph (a)(iii), (vii) and (viii).
6. Schedule 4 (Fees for applications, processes and services in connection with nationality) has effect to specify—
(a)the amount of the fees for the specified applications in connection with nationality for the purposes of article 3(2)(h), (i), (j), (k), (l), (m), (n), (o), (p), and (v) of the 2011 Order;
(b)the amount of the fee for the specified process in connection with nationality for the purposes of article 5(d) of the 2011 Order; and
(c)the amount of the fees for the specified services in connection with nationality for the purposes of article 4(a), (b), (c), (d), (e), (f), (g) and (h) of the 2011 Order.
7. Schedule 5 (Fees for the exercise of consular functions in connection with immigration and nationality) has effect to specify the amount of the fees for the exercise of consular functions in connection with immigration and nationality for the purposes of articles 6 and 7 of the 2011 Order.
8. Schedule 6 (Miscellaneous fee) has effect to specify the amount of the fee for the administration of the specified test for the purposes of article 4(n) of the 2011 Order.
Rate of Exchange
9. The rate of exchange for calculating the equivalents of fees set out in these Regulations but paid in a foreign currency must be based upon the rate of exchange which is generally prevailing on the date, and at the place of payment, but which may be adjusted by the Secretary of State (or a representative of the Secretary of State) in such a manner and to such an extent as that person considers expedient in the interests of administrative efficiency.
Consequences of failing to pay the specified fee
10. Where these Regulations specify a fee which must accompany an application for the purposes of the 2011 Order, the application is not validly made unless it is accompanied by that fee.
Revocation
11. The Immigration and Nationality (Cost Recovery Fees) Regulations 2013(15) are revoked.
James Brokenshire
Minister of State
Home Office
10th March 2014
We consent
Mark Lancaster
Stephen Crabb
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2014
Regulation 3
SCHEDULE 1FEES FOR APPLICATIONS FOR ENTRY CLEARANCE TO ENTER THE UNITED KINGDOM
Interpretation
1. In this Schedule—
“academic visitor” has the same meaning as provided in the immigration rules;
“immigration and nationality fees regulations” means regulations made under sections 51(3) and 52(1) and (3) of the Immigration, Asylum and Nationality Act 2006;
“Visitor in Transit” has the same meaning as provided in the immigration rules.
Fees for applications for entry clearance to enter the United Kingdom
2.—(1) Table 1 specifies the amount of the fees for the specified applications for entry clearance to enter the United Kingdom.
(2) Table 2 provides for exceptions to the requirement to pay the fees specified in Table 1.
(3) Table 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 1 in certain circumstances.
Table 1 (Fees for applications for entry clearance to enter the United Kingdom)
Number of fee
Type of application
Amount of fee
1.1
Fees for applications for entry clearance to enter the United Kingdom as a visitor
1.1.1
Application for entry clearance as a visitor under the immigration rules for a period of six months or less where fees 1.1.3 and 1.1.4 do not apply.
£83
1.1.2
Application for entry clearance as an academic visitor under the immigration rules for a period of twelve months or less.
£83
1.1.3
Application for entry clearance as a visitor under the immigration rules for a period of six months or less where the Secretary of State decides the application is one to which a scheme for reduced fees applies.
£61
1.1.4
Application for entry clearance as a visitor for the purposes of the 2014 Commonwealth Games where such an application is permitted under the immigration rules.
£83
1.1.5
Application for entry clearance as a Visitor in Transit.
£54
1.2
Fees for applications for entry clearance to enter the United Kingdom as a short term student
1.2.1
Application for entry clearance as a short term student for a period of six months or less where the fee is not specified elsewhere in these Regulations or in other immigration and nationality fees regulations.
£83
1.2.2
Application for entry clearance as a short term student child for a period of six months or less where the fee is not specified elsewhere in these Regulations or in other immigration and nationality fees regulations.
£83
1.3
Fees for other applications for entry clearance to enter the United Kingdom
1.3.1
Application for entry clearance as the parent, grandparent or other dependent relative of a person with limited leave to enter or remain in the United Kingdom as a refugee or beneficiary of humanitarian protection under paragraphs 319V to 319Y or Appendix FM of the immigration rules.
£378
1.3.2
Application for entry clearance for the purposes of obtaining a replacement biometric immigration document.
£72
1.3.3
Application for entry clearance for the purposes of joining a ship or aircraft as a member of the crew of that ship or aircraft.
£54
Table 2 (Exceptions in respect of fees for applications for entry clearance to enter the United Kingdom)
Number and description of the exception
Fees to which exception applies
2.1
Officials of Her Majesty’s Government
No fee is payable in respect of an application made in connection with the official duty of any official of Her Majesty’s Government.
All fees in Table 1
2.2
Dependants of refugees or persons granted humanitarian protection
No fee is payable in respect of an application made under paragraphs 352A to 352FI of the immigration rules.
All fees in Table 1
2.3
Applications under the EC Association Agreement with Turkey
No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.
All fees in Table 1
Table 3 (Waivers in respect of fees for applications for entry clearance to enter the United Kingdom)
Number and description of the waiver
Fees to which waiver applies
3.1
General waiver
No fee is payable in respect of an application where the Secretary of State determines that the fee should be waived.
All fees in Table 1
3.2
Scholarships funded by Her Majesty’s Government
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the application is made by a candidate for, or holder of a scholarship funded by Her Majesty’s Government and is in connection with such a scholarship.
All fees in Table 1
3.3
International courtesy
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee as a matter of international courtesy.
All fees in Table 1
3.4
Visitors under a Foreign and Commonwealth Office Bilateral Programme
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the applicant intends to visit the United Kingdom in connection with programmes operated by the Foreign and Commonwealth Office to give funds directly to Embassies and Missions outside the United Kingdom to support activities directly connected to the United Kingdom’s international priorities.
All fees in Table 1
3.5
Visitors under a Foreign and Commonwealth Office Strategic Programme
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the applicant intends to visit the United Kingdom in connection with programmes of funding operated by the Foreign and Commonwealth Office to promote action on global issues in areas of strategic importance to the United Kingdom.
All fees in Table 1
Regulation 4
SCHEDULE 2FEES FOR APPLICATIONS FOR SPONSOR LICENCES, HIGHLY TRUSTED SPONSOR STATUS, AND RELATED APPLICATIONS AND PROCESSES
Interpretation
1. In this Schedule—
“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of an application, or potential application, for leave to enter or leave to remain in the United Kingdom;
“Highly Trusted Sponsor Status” has the same meaning as provided in the immigration rules;
“register of licensed sponsors” means the register, maintained by the Secretary of State, of persons holding sponsor licences;
“small or charitable sponsor” means a sponsor that is—
(a)
a company that is subject to the small companies regime under section 381 of the Companies Act 2006(16);
(b)
in the case of a person who is not a company for the purposes of that section, a person who employs no more than 50 employees; or
(c)
a charity within the meaning of section 1 of the Charities Act 2011(17), or section 1 of the Charities Act (Northern Ireland) 2008(18) or a body entered in the Scottish Charity Register;
“Tier” means the route, provided for in the immigration rules, by which a person seeking leave to enter or remain in the United Kingdom as a Tier 2 Migrant, a Tier 4 Migrant, a Tier 5 Migrant or a Tier 5 (Temporary Worker) Migrant applies for such leave to enter or remain.
Fees for applications for sponsor licences, highly trusted sponsor status and related applications and processes
2.—(1) Table 4 specifies the amount of the fees for the specified applications for sponsor licences.
(2) Paragraph 3 makes provision for the amount of the fees (if any) to be paid in respect of—
(a)applications for sponsor licences in respect of more than one Tier;
(b)applications to add an additional Tier or additional Tiers to an existing valid sponsor licence; and
(c)applications for an additional licence or additional licences by a person holding an existing valid sponsor licence.
(3) Table 5 specifies the amount of the fees for other specified applications and processes in connection with sponsorship.
Table 4 (Fees for applications for sponsor licences)
Number of fee
Type of application or process
Amount of fee
4.1
Fees for applications for sponsor licences where the applicant is a small or charitable sponsor
4.1.1
Application for sponsor licence in respect of Tier 2 Migrants where the applicant is a small or charitable sponsor.
£536
4.1.2
Application for sponsor licence in respect of Tier 4 Migrants where the applicant is a small or charitable sponsor.
£536
4.1.3
Application for sponsor licence in respect of Tier 5 Migrants where the applicant is a small or charitable sponsor.
£536
4.2
Fees for applications for sponsor licences where the applicant is not a small or charitable sponsor
4.2.1
Application for sponsor licence in respect of Tier 4 Migrants.
£536
4.2.2
Application for sponsor licence in respect of Tier 5 Migrants.
£536
Fees for other applications in connection with sponsorship
3.—(1) Where a person applies for a sponsor licence in respect of two or more Tiers, the fee payable is the highest fee chargeable in respect of a licence for any of the Tiers applied for.
(2) Subject to sub-paragraph (3), where a person holding an existing valid sponsor licence applies to add an additional Tier or additional Tiers to that licence, the fee payable is the sum equivalent to the difference (if any) between the fee already paid for the licence, and the highest fee chargeable in respect of a licence for any of the additional Tiers applied for.
(3) If the fee already paid is equal to or greater than that chargeable in respect of a licence for each additional Tier applied for, no further fee is payable.
(4) Where a person holding an existing valid sponsor licence applies for a separate licence in respect of an additional Tier, the fee payable is the full fee chargeable in respect of a licence for that Tier.
Table 5 (Fees for other applications and processes in connection with sponsorship)
Number of fee
Type of application or process
Amount of fee
5.1
Fee for Tier 4 Migrants changing to another sponsor
5.1.1
Application by a Tier 4 Migrant for permission to change to another sponsor for the purposes of paragraph 323A of the immigration rules, where the person’s leave to enter or remain (as the case may be) in the United Kingdom as a Tier 4 Migrant results from an application for entry clearance or leave to remain in the United Kingdom made during the period beginning on 31st March 2009 and ending on 4th October 2009.
£160
5.2
Fees for applications for Highly Trusted Sponsor Status
5.2.1
Application by a sponsor holding a sponsor licence in respect of Tier 4 Migrants to be awarded Highly Trusted Sponsor Status in respect of Tier 4 Migrants.
£536
5.3
Fees for processes relating to sponsor licences
5.3.1
The issuing of a certificate of sponsorship in respect of an application or potential application for leave to enter or remain in the United Kingdom as a Tier 4 Migrant.
£14
5.3.2
The issuing of a certificate of sponsorship in respect of an application or potential application for leave to enter or remain in the United Kingdom as a Tier 5 Migrant other than where the application or potential application is for leave as a Tier 5 (Temporary Worker) Migrant and the applicant is a CESC national (in which case no fee is payable).
£14
5.3.3
The issuing of an action plan under the immigration rules to a sponsor who is recorded as being “B-rated” in the register of licensed sponsors, and with which that sponsor must comply in order to become a sponsor recorded as being “A-rated” in that register.
£1,476
Regulation 5
SCHEDULE 3FEES FOR DOCUMENTS RELATING TO IMMIGRATION
Interpretation
1.—(1) In this Schedule—
“the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006(19);
“assistance by a local authority” means assistance, accommodation or maintenance provided by a local authority (or, in Northern Ireland, an authority which has the same meaning as provided in article 2(2) of the Children (Northern Ireland) Order 1995(20)) under—
(a)
section 17, 20 or 23 of the Children Act 1989(21);
(b)
section 22, 25 or 26 of the Children (Scotland) Act 1995(22); or
(c)
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995;
“certificate of travel” means a travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally, and in the view of the Secretary of State, unreasonably refused a passport by the authorities in their own country and who have been—
(a)
granted limited leave to remain in the United Kingdom or humanitarian protection under the immigration rules on rejection of a claim for asylum or for recognition as a stateless person; or
(b)
granted indefinite leave to remain in the United Kingdom.
“claim for asylum” means a claim within the meaning of section 94(1) of the 1999 Act(23);
“convention travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(24);
“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;
“stateless person’s travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954(25);
“work permit holder” means a person holding an extant work permit granted under the work permit provisions formerly contained in the immigration rules(26).
(2) For the purposes of this Schedule a claim for asylum is to be taken to be determined—
(a)on the date on which the Secretary of State notifies the claimant of the decision on the claim;
(b)if the claimant has appealed against the Secretary of State’s decision, on the date on which the appeal is disposed of; or
(c)if the claimant has brought an appeal from within the United Kingdom against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002(27) or section 2 of the Special Immigration Appeals Commission Act 1997(28), on the day on which the appeal is disposed of.
Fees for documents relating to immigration
2.—(1) Table 6 specifies the amount of the fees for the specified applications for documents relating to immigration.
(2) Table 7 provides for exceptions to the requirement to pay the fees specified in Table 6 for applications for travel documents.
(3) Table 8 specifies the amount of the fees for the specified applications for biometric immigration documents and the process used to take a record of a person’s biometric information.
(4) Table 9 provides for exceptions to the requirement to pay the fees specified in Table 8.
Table 6 (Fees for a transfer of conditions, immigration employment document, travel documents, Direct Airside Transit Visas, registration certificates and residence cards)
Number of fee
Type of application
Amount of fee
6.1
Fee for applications made in the United Kingdom for a transfer of conditions
6.1.1
Application for a transfer of conditions where the application is made within the United Kingdom by post or courier or via the public website maintained by the Home Office, and the applicant has limited leave to enter or remain in the United Kingdom.
£107
6.1.2
Application for a transfer of conditions where the application is made within the United Kingdom by post or courier or via the public website maintained by the Home Office, and the applicant has indefinite leave to enter or remain in the United Kingdom.
£104
6.2
Fee for applications made overseas for a transfer of conditions (vignette transfer fee)
6.2.1
Application for a transfer of conditions where the application is made outside the United Kingdom.
£109
6.3
Fee for applications for an immigration employment document
6.3.1
Application for a letter to confirm an amendment to information held by the Home Office relating to employment as a work permit holder, which does not constitute a change requiring the applicant to make a new application for permission to work.
£22
6.4
Fees for applications for travel documents
6.4.1
Application for a certificate of travel where the person in respect of whom the application is made is aged 16 or over when the application is received by the Secretary of State.
£246
6.4.2
Application for a certificate of travel where the person in respect of whom the application is made is under the age of 16 when the application is received by the Secretary of State.
£157
6.4.3
Application for a convention travel document, stateless person’s travel document, or document of identity where the person in respect of whom the application is made is aged 16 or over when the application is received by the Secretary of State.
£69
6.4.4
Application for a convention travel document, stateless person’s travel document, or document of identity where the person in respect of whom the application is made is under the age of 16 when the application is received by the Secretary of State.
£46
6.5
Fee for an application for a Direct Airside Transit Visa
6.5.1
Application for a Direct Airside Transit Visa.
£40
6.6
Fees for applications for documents referred to in the 2006 Regulations
6.6.1
Application for a registration certificate, a residence card, a document certifying permanent residence, a permanent residence card or a derivative residence card, issued pursuant to Part 3 of the 2006 Regulations.
£55
Table 7 (Exceptions to requirement to pay fees for applications for travel documents)
Number and description of the exception
Fees to which exception applies
7.1
Travel documents for bodies being taken abroad for burial
No fee is payable in respect of an application for a travel document for a body that is being taken abroad for the purposes of burial or cremation.
Fees 6.4.1 to 6.4.4
7.2
Travel documents for reconstruction or resettlement
No fee is payable in respect of an application for a travel document where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purposes of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to resettle there.
Fees 6.4.1 to 6.4.4
7.3
Travel documents for the purposes of the Assisted Voluntary Returns programme
No fee is payable in respect of an application for a document of identity for the purposes of the Assisted Voluntary Returns programme operated by the Home Office.
Fees 6.4.3 and 6.4.4
7.4
Travel documents for persons born on or before 2nd September 1929
No fee is payable in respect of an application for a convention travel document or stateless person’s travel document where the applicant was born on or before 2nd September 1929.
Fees 6.4.1 and 6.4.3
Table 8 (Fees for applications for biometric immigration documents and the process used to take a record of biometric information)
Number of fee
Type of application or process
Amount of fee
8.1
Fees for a mandatory application for a biometric immigration document following an application to replace a letter which indicated that the applicant had been granted leave to enter or remain in the United Kingdom
8.1.1
Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(d) of the 2008 Regulations(29) where the applicant has limited leave to enter or remain in the United Kingdom, and fee 8.1.3 or 8.1.4 does not apply.
£107
8.1.2
Application for a biometric immigration document in accordance with regulation 3(1)(a) and 2(d) of the 2008 Regulations where the applicant has indefinite leave to enter or remain in the United Kingdom, and fee 8.1.3 or 8.1.4 does not apply.
£104
8.1.3
Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(d) of the 2008 Regulations where the applicant has made a claim for asylum which has been granted, or has been granted humanitarian protection under the immigration rules.
£40
8.1.4
Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(d) of the 2008 Regulations where the applicant has leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules.
£40
8.2
Fees for a mandatory application for a biometric immigration document following an application for a transfer of conditions
8.2.1
Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(c) of the 2008 Regulations, where the applicant has limited leave to enter or remain in the United Kingdom.
£107
8.2.2
Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(c) of the 2008 Regulations where the applicant has indefinite leave to enter or remain in the United Kingdom.
£104
8.3
Fees for a mandatory application for a replacement biometric immigration document
8.3.1
Application for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations(30) to replace a biometric immigration document which has been cancelled under regulation 17(a) or (d) to (i) of those Regulations, where the applicant has limited leave to enter or remain in the United Kingdom.
£107
8.3.2
Application for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations to replace a biometric immigration document which has been cancelled under regulation 17(a) or (d) to (i) of those Regulations, where the applicant has indefinite leave to enter or remain in the United Kingdom.
£104
8.3.3
Application for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations to replace a biometric immigration document which has been cancelled under regulation 17(b) or (c) of those Regulations.
£40
8.3.4
Application for a biometric immigration document in accordance with regulation 19(1)(b) of the 2008 Regulations to replace a biometric immigration document which has ceased to have effect under regulation 13(3) and (4)(b) or (c) of those Regulations(31).
£40
8.4
Fee for taking a record of biometric information
8.4.1
The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document referred to in fees 8.1.1 to 8.1.4, 8.2.1, 8.2.2, 8.3.1, 8.3.2 and 8.3.3.
£19.20
8.4.2
The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document referred to in fee 8.3.4.
£19.20
8.4.3
The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document in accordance with regulation 3(1)(a) and 2(a) and (b) of the 2008 Regulations.
£19.20
Table 9 (Exceptions to the requirement to pay fees for applications for biometric immigration documents and the process used to take a record of biometric information)
Number and description of the exception
Fees to which exception applies
9.1
Persons granted asylum or humanitarian protection, their dependants and stateless persons
No fee is payable for an application for a biometric immigration document if the applicant has been granted asylum, or has been granted humanitarian protection under the immigration rules, or has leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules.
Fee 8.3.4
9.2
Children born in the United Kingdom to persons granted asylum or humanitarian protection
No fee is payable for an application for a biometric immigration document if the applicant is a child who was born in the United Kingdom to a person who had been granted asylum, or had been granted humanitarian protection under the immigration rules.
Fee 8.3.4
9.3
Process used to take a record of a person’s biometric information where exceptions 9.1 and 9.2 apply
No fee is payable for the process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document to which exceptions 9.1 and 9.2 apply.
Fee 8.4.2
9.4
Children being provided with assistance by a local authority
No fee is payable for the process used to take a record of a person’s biometric information if that person is a child who is being provided with assistance by a local authority.
Fees 8.4.1 to 8.4.3
9.5
Applicants with leave to remain under the EC Association Agreement with Turkey
No fee is payable for the process used to take a record of a person’s biometric information if that person has leave to remain in the United Kingdom under the terms of the EC Association Agreement with Turkey.
Fees 8.4.1 to 8.4.3
9.6
Process used to take a record of a person’s biometric information where the person is exempt from paying the application fee for the connected application for leave to remain in the United Kingdom, or that application fee has been waived
No fee is payable for the process used to take a record of a person’s biometric information where that record is taken for the purposes of an application for a biometric immigration document, made in accordance with regulation 3(1)(a) and (2)(a) of the 2008 Regulations, in connection with an application for leave to remain in the United Kingdom in relation to which the applicant is exempt from paying the application fee or the application fee has been waived.
Fee 8.4.3
Regulation 6
SCHEDULE 4FEES FOR APPLICATIONS, PROCESSES AND SERVICES IN CONNECTION WITH NATIONALITY
Interpretation
1. In this Schedule—
“application for registration or naturalisation” means—
(a)
an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act(32);
(b)
an application for naturalisation as a British overseas territories citizen under section 18(1)(33) or (2)(34) of the 1981 Act;
(c)
an application for registration as a British citizen under section 1(3)(35), (3A)(36) or (4), 3(1), (2)(37) or (5)(38), 4(2) or (5), 4A(39), 4B(40), 4D(41), 10(1)(42) or (2)(43), or 13(1) or (3) of, or paragraph 3(44), 4(45) or 5 of Schedule 2 to, the 1981 Act;
(d)
an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 1997(46);
(e)
an application for registration as a British overseas territories citizen under section 13(1) or (3) of the 1981 Act (as applied by section 24(47) of that Act), or sections 15(3)(48) or (4)(49), 17(1)(50), (2)(51) or (5)(52), or 22(1)(53) or (2)(54) of, or paragraph 3, 4 or 5 of Schedule 2 to, that Act;
(f)
an application for registration as a British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act;
(g)
an application for registration as a British protected person under article 7 of the 1982 Order(55); or
(h)
an application for registration as a British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;
“certificate of registration or naturalisation” means a certificate of registration or naturalisation issued under the 1981 Act.
Fees for applications, processes and services in connection with nationality
2.—(1) Table 10 specifies the amount of fees for the specified applications, processes and services in connection with nationality.
(2) The fees specified in Table 10 are subject to paragraph 3 (Multiple declarations of renunciation of British citizenship).
Table 10 (Fees for applications, processes and services in connection with nationality)
Number of fee
Type of application, process or service
Amount of fee
10.1
Fees for applications in connection with nationality
10.1.1
Application for the amendment of a certificate of registration or naturalisation other than where the amendment is required to rectify an error made by the Secretary of State.
£85
10.1.2
Application for a certificate of entitlement within the meaning of section 33(1) of the 1971 Act(56) where the application is made in respect of a person who is in the United Kingdom at the time that the application is made.
£144
10.1.3
Application for a certificate of entitlement within the meaning of section 33(1) of the 1971 Act where the application is made in respect of a person who is outside the United Kingdom at the time that the application is made.
£289
10.1.4
Application for a letter or other document confirming a person’s nationality status or that a person is not a British citizen.
£85
10.2
Fees for processes in connection with nationality
10.2.1
Application for the reconsideration of an application for a certificate of registration or naturalisation which has been refused by the Secretary of State.
£80
10.3
Fees for services in connection with nationality
10.3.1
Registration of a declaration of a renunciation of British citizenship under section 12 of the 1981 Act(57).
£144
10.3.2
Registration of a declaration of a renunciation of British overseas territories citizenship under sections 12 and 24 of the 1981 Act.
£144
10.3.3
Registration of a declaration of a renunciation of British overseas citizenship under sections 29 and 12 of the 1981 Act.
£144
10.3.4
Registration of a declaration of a renunciation of the status of British subject under sections 34 and 12 of the 1981 Act.
£144
10.3.5
Registration of a declaration of a renunciation of the status of British protected person under article 11 of the 1982 Order(58).
£144
10.3.6
The supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former nationality Acts (within the meaning of section 50(1) of the 1981 Act), or the British Nationality (Hong Kong) Act 1997(59).
£85
10.4
Fees for services in connection with citizenship ceremonies and citizenship oaths
10.4.1
The arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony).
£80
10.4.2
The administration of a citizenship oath, or oath and pledge where the oath, or oath and pledge, are not administered at a citizenship ceremony or by a justice of the peace.
£5
Multiple declarations of a renunciation of British citizenship
3. Where a person—
(a)makes a declaration of a renunciation for which the fee is specified in Table 10; and
(b)at the same time makes another such declaration;
the total fee payable in respect of those declarations is the same as that for registration of a single declaration.
Responsibility for paying the fee for the arrangement of a citizenship ceremony
4.—(1) The fee specified in fee 10.4.1 in Table 10 for the arrangement of a citizenship ceremony is payable by the person who is required by section 42 of the 1981 Act(60) to make a citizenship oath and pledge at a citizenship ceremony.
(2) Where the fee for the arrangement of a citizenship ceremony is not paid in accordance with sub-paragraph (1), the Secretary of State will not consider any related application for registration or naturalisation made by the person responsible for paying that fee.
Refunds of fees for the arrangement of a citizenship ceremony where an application is refused or the requirement to attend the ceremony is disapplied
5. Where the fee specified in fee 10.4.1 in Table 10 for the arrangement of a citizenship ceremony is paid in accordance with paragraph 4 it must be refunded where—
(a)the Secretary of State refuses to arrange the citizenship ceremony; or
(b)the Secretary of State decides that the registration should be effected or the certificate of naturalisation should be granted, but disapplies the requirement to make a citizenship oath and pledge at a citizenship ceremony because of the special circumstances of the case.
Regulation 7
SCHEDULE 5FEES FOR THE EXERCISE OF CONSULAR FUNCTIONS IN CONNECTION WITH IMMIGRATION AND NATIONALITY
Interpretation
1. In this Schedule—
“the 1968 Act” means the Consular Relations Act 1968(61);
“consular employee” has the same meaning as provided in Article 1(1)(e) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;
“consular officer” has the same meaning as provided in Article 1(1)(d) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;
“consular post” has the same meaning as provided in Article 1(1)(a) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;
“consular premises” has the same meaning as provided in Article 1(1)(j) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;
“supporting documents” means any letter, certificate, declaration or other document which may be required by an authority in any country or territory in connection with an application;
“visa” includes an entry certificate, entry permit or other document which is to be taken as evidence of a person’s eligibility for entry into a country or territory (other than a work permit).
Fees for the exercise of consular functions in connection with immigration and nationality
2.—(1) Table 11 specifies the amount of the fees for the exercise of the specified consular functions.
(2) The fees in Table 11 are subject to paragraph 3 (charges for travel time where services are provided away from consular premises) and paragraph 4 (discretion to waive fees for the services of consular officers or employees).
Table 11 (Fees for the exercise of consular functions in connection with immigration and nationality)
Number of fee
Service provided
Amount of fee
11.1
General fee for the services of consular officers
11.1.1
The provision of the services of a consular officer or consular employee in relation to any service which the consular post or diplomatic mission has agreed to undertake.
£130 per hour or part hour
11.2
Fees for receiving, preparing and forwarding documents
11.2.1
Receiving, preparing or forwarding (or any one or more of these) supporting documents for an application for a visa where the consular officer does not have authority to issue that visa.
£115
11.2.2
Receiving, preparing or forwarding (or any one or more of these) supporting documents for an application for a residence permit or identity card issued by a country or territory other than the United Kingdom.
£115
11.2.3
Receiving, preparing or forwarding (or any one or more of these) any certificate or document except a travel document or an application for registration or naturalisation (within the meaning of Schedule 4 to these Regulations).
£115
11.3
Fee for receiving applications for visas on behalf of Commonwealth countries or British Overseas Territories
11.3.1
Receiving, preparing or forwarding (or any one or more of these) supporting documents for an application for a visa for a country listed in Schedule 3 to the 1981 Act(62) or a British Overseas Territory within the meaning of section 50(1) of the 1981 Act(63).
£115
Charges for travel time when services are provided away from consular premises.
3. For the purposes of calculation of the fee specified in fee 11.1.1 in Table 11, the hours or part hours during which the services of consular officers or employees are provided includes travel time where those services are provided away from the consular premises.
Discretion to waive fees for the services of consular officers or employees
4. The official responsible for determining whether the services of consular officers or employees should be provided may waive the payment of the fee specified for such services in Table 11 where the official considers it is appropriate to do so in the particular circumstances of the case.
Regulation 8
SCHEDULE 6MISCELLANEOUS FEE
Administration of the Life in the UK Test
A fee of £50 is payable for the administration of the Life in the UK Test, as provided for in Appendix KoLL (Knowledge of Language and Life) to the immigration rules.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations specify fees relating to immigration and nationality. They are made for the purposes of the Immigration and Nationality (Fees) Order 2011 (S.I. 2011/445), which sets out the applications, services and processes related to immigration and nationality for which fees may be specified in regulations.
These Regulations specify fees in cases where the amount of the fee does not exceed the administrative costs incurred by the Secretary of State in relation to the application, service or process concerned. Fees relating to immigration and nationality applications, services and processes which exceed the administrative costs involved are specified in other regulations, subject to the affirmative procedure. Where fees are not specified in these Regulations in relation to certain types of applications, services and processes, they may be specified in those other regulations.
These Regulations replace, with modifications, the Immigration and Nationality (Cost Recovery Fees) Regulations 2013. They specify fees for applications for entry clearance into the United Kingdom, for applications for sponsor licences and connected applications and processes, including the issuing of an action plan. They specify fees for applications for documents relating to immigration, including for a transfer of conditions, documents relating to employment, travel documents (other than passports), transit visas, documents issued pursuant to the Immigration (European Economic Area) Regulations 2006, certificates of entitlement to the right of abode, documents recording biometric information, and, in relation to the latter, for the process by which such information is captured. They specify fees for applications, services and processes in connection with nationality, including the arrangement of citizenship ceremonies, the administration of citizenship oaths, the supply of certified copies, the amendment of certificates of registration or naturalisation as a British citizen and the reconsideration of applications for registration or naturalisation as a British citizen. They specify fees for the exercise of consular functions overseas, including the receiving, processing and forwarding of documents. Finally, they specify the fee for the administration of the ‘Life in the UK’ test.
A full impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.
(1)
In pursuance of section 52(5)(a) of the Immigration, Asylum and Nationality Act 2006 (c. 13).
(2)
2006 c. 13.
(3)
S.I. 2011/445; this Order was amended by the Immigration and Nationality (Fees) (Amendment) Order 2013 (S.I. 2013/249) and the Immigration and Nationality (Fees) Amendment Order 2014 (S.I. 2014/205).
(4)
1971 c. 77.
(5)
1981 c. 61.
(6)
1999 c. 33.
(7)
S.I. 1982/1070, amended by sections 1(2) and 2(3) of the British Overseas Territories Act 2002 (c. 8), the British Nationality (Brunei) Order 1983 (S.I. 1983/1699) and the Human Fertilisation and Embryology (Consequential Amendments and Transitional and Savings Provisions) Order 2009 (S.I. 2009/1892).
(8)
S.I. 2008/3048, amended by the Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594).
(9)
2007 c. 30.
(10)
(CETS NO.:035).
(11)
OJ No C 113, 24.12.73, p 2.
(12)
The definition of “entry clearance” in section 33(1) was amended by section 39(2) and paragraph 2 of Schedule 4 to the British Nationality Act 1981 (c. 61), and by section 10 and paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).
(13)
Laid before Parliament on 23rd May 1994 (HC 395).
(14)
Regulation 8 was amended by regulations 2 and 6 of the Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594).
(15)
S.I. 2013/617.
(16)
2006 c. 46; section 381 was amended by the Companies Act 2006 (Amendment) (Accounts and Reports) Regulations 2008 (S.I. 2008/393).
(17)
2011 c. 25.
(18)
2008 c. 12.
(19)
S.I. 2006/1003, amended by the Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), the Immigration (European Economic Area) (Amendment) Regulations 2013 (S.I. 2013/1391) and the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013 (S.I. 2013/3032); there are other amending instruments but none is relevant.
(20)
S.I. 1995/755 (N.I. 2).
(21)
1989 c. 41.
(22)
1995 c. 36.
(23)
Section 94(1) was amended by sections 44(1), (2) and (3) and 60(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) and article 6 of, and paragraph 180 of Schedule 3 to, the Transfer of Tribunal Functions Order (S.I. 2008/2833).
(24)
United Nations, Treaty Series, volume 189 at page 137.
(25)
United Nations, Treaty Series, volume 360 at page 117.
(26)
The provisions previously set out in the immigration rules relating to leave to enter the United Kingdom as a work permit holder have been withdrawn, and replaced by Part 6A of the immigration rules (Points-Based System).
(27)
2002 c. 41; section 82 was amended by sections 26(2) and 31 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), sections 2, 47(6), 57(3) of, and Schedule 3 to, the Immigration, Asylum and Nationality Act 2006 (c. 13) and section 35 of the UK Borders Act 2007 (c. 30).
(28)
1997 c. 68; section 2 was amended by section 114(3) and paragraph 20 of Schedule 7 to the Nationality, Immigration and Asylum Act 2002 (c. 41) and section 14 and paragraph 14 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006.
(29)
Regulation 3 was amended by regulations 2 and 4 of the Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594).
(30)
Regulation 19(1)(a) was amended by regulation 8 of the Immigration (Biometric Registration) (Amendment) Regulations 2009 (S.I. 2009/819)
(31)
Regulation 13(4)(b) and (c) were amended by regulations 2 and 5 of the Immigration (Biometric Registration) (Amendment) Regulations 2009 (S.I. 2009/819).
(32)
Section 6(2) was amended by section 40(1) of the Borders, Citizenship and Immigration Act 2009 (c. 11) and by section 261(1) of Schedule 27 to the Civil Partnership Act 2004 (c. 33).
(33)
Section 18(1) was amended by section 2(2)(b) of the British Overseas Territories Act 2002 (c. 8).
(34)
Section 18(2) was amended by section 2(2)(b) of the British Overseas Territories Act 2002 and by section 261(1) of Schedule 27 to the Civil Partnership Act 2004.
(35)
Section 1(3) was amended by section 42(1) and (3) of the Borders, Citizenship and Immigration Act 2009.
(36)
Section 1(3A) was inserted by section 42(1) and (4) of the Borders, Citizenship and Immigration Act 2009.
(37)
Section 3(2) was amended by section 5 of, and paragraph 3(1) and (2) of Schedule 1 to, the British Overseas Territories Act 2002 and section 43(1) and (2) of the Borders, Citizenship and Immigration Act 2009.
(38)
Section 3(5) was amended by section 5 of, and paragraph 3(1) and (4) of Schedule 1 to, the British Overseas Territories Act 2002.
(39)
Section 4A was inserted by section 4 of the British Overseas Territories Act 2002.
(40)
Section 4B was inserted by section 12 of the Nationality, Immigration and Asylum Act 2002 (c. 41) and was amended by section 44(1), (2), (3), and (4) of, and paragraph 2(1) of Schedule 1 to, the Borders, Citizenship and Immigration Act 2009.
(41)
Section 4D was inserted by section 46 of the Borders, Citizenship and Immigration Act 2009.
(42)
Section 10(1) was amended by Schedule 9 to the Nationality, Immigration and Asylum Act 2002.
(43)
Section 10(2) was amended by Schedule 9 to the Nationality, Immigration and Asylum Act 2002 and by paragraph 73 of Schedule 27 to the Civil Partnership Act 2004.
(44)
Paragraph 3 of Schedule 2 was amended by section 1(1)(b) of the British Overseas Territories Act 2002 and Schedule 9 to the Nationality, Immigration and Asylum Act 2002.
(45)
Paragraph 4 of Schedule 2 was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.
(46)
1997 c. 20; section 1 was amended by section 2(3) of the British Overseas Territories Act 2002 and section 47(3) of the Borders, Citizenship and Immigration Act 2009.
(47)
Section 24 was amended by section 2(2) of the British Overseas Territories Act 2002.
(48)
Section 15(3) was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.
(49)
Section 15(4) was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.
(50)
Section 17(1) was amended by section 2(2)(b) of the British Overseas Territories Act 2002.
(51)
Section 17(2) was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.
(52)
Section 17(5) was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002.
(53)
Section 22(1) was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002 and Schedule 9 to the Nationality, Immigration and Asylum Act 2002.
(54)
Section 22(2) was amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002, Schedule 9 to the Nationality, Immigration and Asylum Act 2002, and paragraph 77 of Schedule 27 to the Civil Partnership Act 2004.
(55)
S.I. 1982/1070; article 7 was amended by section 1(2) of the British Overseas Territories Act 2002 (c. 8) and paragraph 10(4)(a) and (b) of Schedule 1 to the Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009 (S.I. 2009/1892).
(56)
The definition of “certificate of entitlement” was substituted by section 10(5)(b) of the Nationality, Immigration and Asylum Act 2002 (c. 41).
(57)
Section 12 was amended by section 261(1) of, and paragraph 74 of Schedule 27 to, the Civil Partnership Act 2004 (c. 33).
(58)
Article 11 of the British Protectorates, Protected States and Protected Persons Order (S.I. 1982/1070) was amended by section 2(3) of the British Overseas Territories Act 2002 (c. 8) and by the British Nationality (Brunei) Order 1983.
(59)
1997 c. 20.
(60)
Section 42 was substituted by section 3 of, and paragraph 1 of Schedule 1 to, the Nationality, Immigration and Asylum Act 2002 (c. 41).
(61)
1968 c. 18.
(62)
Schedule 3 was amended by article 3 of the British Nationality (Brunei) Order 1983 (S.I. 1983/1699), section 8 of the Brunei and Maldives Act 1985 (c. 3), article 2 of the British Nationality (Pakistan) Order 1989 (S.I. 1989/1331), article 2 of the British Nationality (Namibia) Order 1990 (S.I. 1990/1502), article 2 of the British Nationality (Cameroon and Mozambique) Order 1998 (S.I. 1998/3161), article 2 of the British Nationality (South Africa) Order 1994 (S.I. 1994/1634), and article 2 of the British Nationality (Rwanda) Order 2010 (S.I. 2010/246).
(63)
The definition of “British Overseas Territory” in section 50(1) was added by section 1(1)(a) of the British Overseas Territories Act 2002 (c. 8).
