The Immigration and Nationality (Fees) (Amendment) Order 2013

Statutory Instruments

2013 No. 249

Immigration

The Immigration and Nationality (Fees) (Amendment) Order 2013

Made

7th February 2013

Coming into force in accordance with article 1

The Secretary of State makes the following Order with the consent of the Treasury(1), in exercise of the powers conferred by section 51(2) and section 52(1) of the Immigration, Asylum and Nationality Act 2006(2).

In accordance with section 52(4)(b) of that Act a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Immigration and Nationality (Fees) (Amendment) Order 2013 and shall come into force on the day after the day on which it is made.

Amendments to the 2011 Order

2.—(1) The Immigration and Nationality (Fees) Order 2011(3) is amended as follows.

(2) In article 4 (Requirement to pay a fee in respect of the provision on request of a service connected with immigration or nationality)—

(a) after “Secretary of State” insert “, or any person acting on behalf of the Secretary of State,”;

(b) at the end of paragraph (i) omit “and”;

(c) after paragraph (j) insert—

“(k) arrangements for expediting the processing of applications for leave to remain in the United Kingdom, entry clearance, and variation of leave to enter, or remain in, the United Kingdom;

(l) arrangements for expediting the processing of applications relating to nationality;

(m) customer services for sponsors; and

(n) the administration of any test a person is required to take for the purposes of the immigration rules.”.

(3) In article 5 (Requirement to pay a fee in respect of a process connected with immigration or nationality)—

(a) after “Secretary of State” insert “, or any person acting on behalf of the Secretary of State,”;

(b) at the end of paragraph (a) omit “and”;

(c) after paragraph (b) insert—

“and

(C) taking a record of a person’s fingerprints or a photograph of a person’s face for the purposes of regulation 8(2)(d) of the Immigration (Biometric Registration) Regulations 2008(4).”.

Mark Harper

Minister of State

Home Office

7th February 2013

We consent

Desmond Swayne

Mark Lancaster

Two of the Lords Commissioners of Her Majesty’s Treasury

6th February 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration and Nationality (Fees) Order 2011 (“the 2011 Order”), which enables the Secretary of State to charge fees for any applications, services and processes listed in the Order. The fees themselves are specified in separate Regulations. The amendments to the 2011 Order are as follows.

Article 2(2) adds the following services to those listed in the 2011 Order; the provision of optional arrangements for processing of immigration and nationality applications, the provision of optional services for sponsors, and the administration of tests for the purposes of the immigration rules.

Article 2(3) adds the processes for recording biometric information for the purposes of regulation 8(2)(d) of the Immigration (Biometric Registration) Regulations 2008 to the processes listed in the 2011 Order.

(1)

In pursuance of section 52(4)(a) of the Immigration, Asylum and Nationality Act 2006 (c.13).

(2)

2006 c.13.

(3)

S.I. 2011/445.

(4)

S.I. 2008/3048; regulation 8 was amended by the Immigration (Biometric Registration) (Amendment) Regulations 2012 (S.I. 2012/594).