The Immigration and Nationality (Fees) Regulations 2016

Regulation 5

SCHEDULE 3 DOCUMENTS AND ADMINISTRATION

Interpretation

1.  In this Schedule—

“the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006(1);

“Assisted Voluntary Return programme” means any arrangements made by the Secretary of State under section 58 of the 2002 Act(2);

“certificate of travel” means a travel document issued at the discretion of the Secretary of State to a person who has been granted—

(a)

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)

indefinite leave to remain in the United Kingdom;

“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(3);

“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;

“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;

“Electronic Visa Waiver” means a document authorising a person to travel to the United Kingdom for the purpose of entry to the United Kingdom where that person, in the absence of such a document, would require entry clearance in order to do so;

“immigration decision letter” means a letter or other document which records a decision in connection with immigration or nationality, but does not provide evidence of leave to enter or leave to remain in the United Kingdom;

“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 leave to remain in 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(4);

“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 leave to remain in the United Kingdom.

Fees for documents

2.—(1) Table 10 specifies the amount of the fees for the specified applications and requests for and in connection with documents relating to immigration or nationality.

(2) Table 11 provides for exceptions to the requirement to pay the fees specified in Table 10 for applications for travel documents.

(3) Table 12 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 13 provides for exceptions to the requirement to pay the fees specified in Table 12.

(5) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the specified fee.

Table 10 (Fees for transfer of conditions, immigration employment document, travel documents, Direct Airside Transit Visas, registration certificates, residence cards and copy documents)

Number of fee	Type of application	Amount of fee
10.1	Fees for applications made in the United Kingdom for a transfer of conditions
10.1.1	Application for a transfer of conditions onto a biometric immigration document where the application is made within the United Kingdom by post or courier or via the public website (known as www.gov.uk), and the applicant has limited leave.	£223
10.1.2	Application for a transfer of conditions onto a biometric immigration document where the application is made within the United Kingdom by post or courier or via the public website (known as www.gov.uk), and the applicant has indefinite leave.	£308
10.2	Fee for applications made overseas for a transfer of conditions
10.2.1	Application for a transfer of conditions where the application is made outside the United Kingdom.	£189
10.3	Fee for applications for an immigration employment document
10.3.1	Application for an immigration employment document confirming 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.	£31
10.4	Fees for applications for travel documents
10.4.1	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.	£218
10.4.2	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.	£109
10.4.3	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.	£72
10.4.4	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
10.5	Fee for applications for a Direct Airside Transit Visa
10.5.1	Application for a Direct Airside Transit Visa.	£32
10.6	Fee for applications for documents referred to in the 2006 Regulations
10.6.1	Application for a registration certificate, a residence card, a document certifying permanent residence, a permanent residence card, a derivative residence card or an Accession Residence Card issued pursuant to Part 3 of the 2006 Regulations(5).	£65
10.7	Fees for applications for a letter or document confirming a person’s identity and immigration or nationality status
10.7.1	Application for a letter or document (not a passport), not provided for elsewhere in Table 10, confirming the applicant’s identity and providing evidence of immigration or nationality status, or setting out any conditions attendant on such status, or confirming that the person is not a British citizen, and the applicant has limited leave.	£223
10.7.2	Application for a letter or document (not a passport), not provided for elsewhere in Table 10, confirming the applicant’s identity and providing evidence of immigration or nationality status, or setting out any conditions attendant on such status, or confirming that the person is not a British citizen, and the applicant has indefinite leave.	£308
10.7.3	Application for a replacement, copy or amended version of a letter or document (not a passport), not provided for elsewhere in Table 10, confirming the applicant’s identity and providing evidence of immigration or nationality status, or setting out any conditions attendant on such status, or confirming that the person is not a British citizen, and the applicant has limited leave.	£223
10.7.4	Application for a replacement, copy or amended version of a letter or document (not a passport), not provided for elsewhere in Table 10, confirming the applicant’s identity and providing evidence of immigration or nationality status, or setting out any conditions attendant on such status, or confirming that the person is not a British citizen, and the applicant has indefinite leave.	£308
10.7.5	Application for a replacement, copy or amended version of a letter or document (not a passport) confirming the applicant’s identity and providing evidence of immigration or nationality status, or setting out any conditions attendant on such status, or confirming that the person is not a British citizen, where the application is made within the United Kingdom by post or courier or via the public website (known as www.gov.uk) and the applicant (a) has been granted asylum; (b) has been granted humanitarian protection under the immigration rules; or (c) is a dependant of an individual in (a) or (b).	£56
10.8	Fee for copy documents relating to immigration or nationality status
10.8.1	Request for the provision of a copy of an immigration decision letter, correspondence or application relating to an individual’s immigration or nationality status.	£0.16 per page
10.9	Electronic Visa Waiver
10.9.1	Request for an Electronic Visa Waiver.	£15
10.10	Fee for processing an application or claim which is later rejected as invalid
10.10.1	Processing an application or claim which is rejected as invalid prior to a decision being issued.	£25

Table 11 (Exceptions to requirement to pay fees for applications for travel documents)

Number and description of the exception		Fees to which exception applies
11.1	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 10.4.1 to 10.4.4
11.2	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 10.4.1 to 10.4.4
11.3	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.	Fees 10.4.3 and 10.4.4
11.4	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 10.4.1 and 10.4.3

Table 12 (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
12.1		Fees for a mandatory application for a replacement biometric immigration document
12.1.1		Application, by an applicant who has limited or indefinite leave, for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations(6) to replace a biometric immigration document which has been cancelled under— (a) regulation 17(b) where the applicant is within the United Kingdom; (b) regulation 17(c) to (e); (c) regulation 17(f) (other than where the document needs to be reissued because some substantive alteration is required to the information recorded in the cancelled document); or (d) regulation 17(g) of those Regulations.	£56
12.1.2		Application, by an applicant who has limited or indefinite leave, for a biometric immigration document in accordance with regulation 19(1)(b) of the 2008 Regulations(7) to replace a biometric immigration document which has ceased to have effect under regulation 13(4)(b) to (d), 13A(6)(b) to (d) or 13B(4)(b) of those Regulations(8).	£56
12.2		Fee for taking a record of biometric information in specified circumstances
12.2.1		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 12.1.1 and 12.1.2.	£19.20
12.2.2		The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document in accordance with regulations 3(1)(a), (2)(a) and (b) and 3A of the 2008 Regulations(9).	£19.20
12.2.3		The process used to take a record of a person’s biometric information for the purposes of an application for a residence card, a permanent residence card or a derivative residence card issued pursuant to Part 3 of the 2006 Regulations(10).	£19.20
12.2.4	The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document where the fee is not specified elsewhere in these Regulations.			£19.20

Table 13 (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
13.1	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 (a) been granted asylum; (b) been granted humanitarian protection under the immigration rules; (c) been granted leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or (d) is a dependant of an individual in (a) to (c).	Fee 12.1.1 and 12.1.2
13.2	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 12.1.1 and 12.1.2
13.3	Process used to take a record of a person’s biometric information where exceptions 13.1 and 13.2 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 13.1 or 13.2 apply.	Fee 12.2.1
13.4	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 12.2.1 and 12.2.2
13.5	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 12.2.1 and 12.2.2
13.6	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 12.2.2
13.7	Process used to take a record of a person’s biometric information where the person has applied for variation of limited leave to allow recourse to public funds in certain circumstances
	No fee is payable in respect of the taking of a record of a person’s biometric information upon variation of limited leave to enter or remain in the United Kingdom, in order to be permitted access to public funds by a person who has been granted such leave— (e) under— (i) paragraph 276BE(1) or (2) (as amended by paragraph 276A0(1) and (2)) of the immigration rules; (ii) paragraph 276DG of the immigration rules; (iii) paragraph D-LTRP.1.2. (as amended by paragraph GEN.2.3.(1). and (2).) of Appendix FM to the immigration rules; (iv) paragraph D-LTRPT.1.2. (as amended by paragraph GEN.2.3.(1). and (2).) of Appendix FM to the immigration rules; (v) paragraph D-ILRP.1.2. and D-ILRP.1.3. of Appendix FM to the immigration rules; or (vi) paragraph D-ILRPT.1.1. and D.ILRPT.1.2. of Appendix FM to the immigration rules; (f) outside the immigration rules in accordance with paragraph 276A01(1) and (2) and 276A02 of part 7 of the immigration rules, or paragraphs GEN.1.10. and GEN.1.11. of Appendix FM to the immigration rules.	Fees 12.2.2 and 12.2.4
13.8	Fee for a biometric immigration document where the person has paid for an application fee in 10.7 of this Schedule
	No fee is payable for a biometric immigration document if that person has made an application for which the fee is contained in 10.7.	All fees in 12.1

Waiver in respect of the fee listed at 12.2.4

3.  The Secretary of State may waive or reduce the specified fee in 12.2.4.

(1)

S.I. 2006/1003, as amended by S.I. 2012/1547, S.I. 2013/1391 and S.I. 2013/3032; there are other amending instruments but none is relevant.

(2)

2002 c. 41.

(3)

United Nations, Treaty Series, volume 189 at page 137.

(4)

United Nations, Treaty Series, volume 360 at page 117.

(5)

In relation to nationals of Croatia, the Immigration (European Economic Area) Regulations 2006 have effect with the amendments specified in regulation 7 of the Accession of Croatia (Immigration and Worker Authorisation) 2013; S.I. 2013/1460 as amended by S.I. 2014/530.

(6)

Regulation 19(1)(a) was amended by regulation 8 of S.I. 2009/819 and by S.I. 2015/433.

(7)

Regulation 19(1)(b) was amended by regulation 16(b) of S.I. 2015/433.

(8)

Regulation 13(4)(b) and (c) were amended by regulations 2 and 5 of S.I. 2009/819. Regulation 13(4)(d) was inserted by regulation 11(e), and regulations 13A and 13B were inserted by regulation 12 of S.I. 2015/433.

(9)

Regulation 3A was inserted by regulation 5 of S.I. 2015/433.

(10)

A person is required to provide biometric information for the purposes of an application of this type pursuant to section 126 of the Nationality, Immigration and Asylum Act 2002 (c. 41) as amended by sections 8, 12(3) and 14(3) of, and paragraph 19 of Schedule 9 to, the Immigration Act 2014 (c. 22).