The Immigration and Nationality (Fees) (Amendment) Order 2018

Amendment of the Immigration and Nationality (Fees) Order 2016

2.—(1) The Immigration and Nationality (Fees) Order 2016(1) is amended in accordance with the following paragraphs.

(2) In article 1 (citation, commencement, extent and interpretation), after paragraph (5) insert—

“(6) Article 9A extends to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man but only where the services described in that article are provided in relation to the consideration of an application or potential application for entry clearance to enter the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man respectively.”.

(3) In article 2 (interpretation)—

(a) for the definition of “certificate of sponsorship” substitute—

““certificate of sponsorship”—

(a)

in respect of the United Kingdom means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a sponsored worker;

(b)

in respect of the Isle of Man means an authorisation, allocated by or on behalf of the Lieutenant-Governor of the Isle of Man to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance to enter the Isle of Man as a sponsored worker;”;

(b) for the definition of “sponsor” substitute—

““sponsor”—

(a)

in respect of the United Kingdom means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;

(b)

in respect of the Isle of Man means a person licensed by or on behalf of the Lieutenant-Governor of the Isle of Man to issue certificates of sponsorship;”;

(c) for the definition of “sponsored worker” substitute—

““sponsored worker”—

(a)

in respect of the United Kingdom means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship;

(b)

in respect of the Isle of Man means a person seeking entry clearance to the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the Isle of Man immigration rules(2) to obtain a certificate of sponsorship;”;

(d) for the definition of “unsponsored worker” substitute—

““unsponsored worker”—

(a)

in respect of the United Kingdom means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is not required by the immigration rules to obtain a certificate of sponsorship;

(b)

in respect of the Isle of Man means a person seeking entry clearance to enter the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is not required by the Isle of Man immigration rules to obtain a certificate of sponsorship;”.

(4) In article 6 (documents and administration), in Table 3 in paragraph (2)—

(a) in the row beginning 3.1.1, in the entry in the column headed “Type of application, claim, request or administrative activity”—

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

(ii) insert after paragraph (iv)—

“(v) regulation 17(j) of those Regulations(3); or”;

(b) omit the row beginning “3.1.11” (copy or replacement of immigration decision letters or nationality related correspondence etc.).

(5) In article 7 (sponsorship), in Table 4 in paragraph (2), omit the row beginning “4.5” (permission to change sponsor or course of study).

(6) In article 8 (consular functions) in Table 5 in paragraph (2), omit from the column headed “Function”—

(a) “at consular premises” in the row beginning “5.2”; and

(b) “where such activity is conducted at consular premises” in the row beginning “5.3”.

(7) In article 9 (premium services)—

(a) at the end of the heading insert “: United Kingdom”;

(b) after “specifies” insert “in respect of the United Kingdom”;

(c) in Table 6—

(i) in the row beginning “6.4”, in the entry in the column headed “Function”, after “where this is done” insert “by the Home Office”;

(ii) after the row beginning “6.4” insert—

“6.4A

The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration or nationality at a place other than an office of the Home Office, where this is done by a contractor in the United Kingdom.

Hourly rate per person providing the function

£2,600”.

(8) After article 9 insert—

“Premium services: the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man

9A.   Table 6A specifies, in respect of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man, the functions relating to the provision of premium services which are exercised following an application, claim or request, for which a fee is to be charged, how the fee is to be calculated and the maximum amount that can be charged in respect of each service.

Table 6A

Number	Function	Method of calculation	Maximum amount
6A.1	Arrangements for expediting the processing (or any element of the processing) of an application or claim in connection with immigration.	Fixed amount	£1,000
6A.2	The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration at a place other than consular premises, where this is done outside the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be).	Fixed amount	£80
6A.3	The provision of advice, information, assistance or training in relation to functions in connection with immigration where provided by a contractor.	Where provided— (a) electronically, whether by web-chat facility or email, a fixed amount; (b) by telephone or in person, rate per minute per contractor.	(a) £6.25 (b) £2.50.”.

(1)

S.I. 2016/177, as amended by S.I. 2017/440.

(2)

The Isle of Man immigration rules are made under section 3(2) of the Immigration Act 1971 (c. 77) as extended to the Isle of Man with modifications by virtue of S.I. 2008/680.

(3)

Regulation 17(j) was inserted into S.I. 2008/3048 by S.I. 2015/433. There are other amendments to S.I. 2008/3048 but none is relevant for the purposes of this Order.