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

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration and Nationality (Fees) Order 2016 (S.I. 2016/177).

In particular, it sets the maximum amount that may be set in regulations for the provision of services relating to the acceptance or processing of a claim or application 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.

It also specifies, in respect of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man, the maximum amount that may be set in regulations for the provision of certain premium services in connection with obtaining entry clearance to enter those jurisdictions.

The Order will also omit the maximum amount that might be set by regulations in relation to the provision of copies of decision letters, correspondence or applications, relating to immigration or nationality status. A fee has never appeared in regulations further to this provision and there is currently no intention to set any fees using it. Similarly, the Order deletes provision specifying the maximum fee which may be set for dealing with an application from a student with valid leave under Tier 4 of the Points-based system, for permission to change their sponsor or course of study.

The Order also broadens the circumstances in which a fee may be set in respect of the provision of biometric identity documents. Specifically, this amendment specifies a maximum which may be set by regulations where a person fails to collect such documents within the required time limit.

A change is also being made in relation to the provision of consular functions to recognise that those functions are provided outside consular premises.

An Impact Assessment has not been prepared in respect of this instrument. This is because this Order does not itself impact existing fee levels, but simply sets the maximum amounts at which the Secretary of State might set such fees by way of future regulations.