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1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2018.
(2) These Regulations come into force on 6th April 2018.
(3) Subject to paragraphs (4) to (6), these Regulations extend to England and Wales, Scotland and Northern Ireland.
(4) This regulation and regulations 2, 11, [F113A,] [F213B, 13C, 13D,] 15 and 17 and Schedule 9 also extend to the Isle of Man, but only for the purpose of issuing entry clearance to enter the Isle of Man.
(5) This regulation and regulations 2, 12, [F313A,] [F413B, 13C, 13D,] 15 and 17 and Schedule 10 also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only for the purpose of issuing entry clearance to enter the bailiwick concerned.
(6) Paragraphs (a) and (b) of regulation 18 have the same extent as the instruments which they revoke.
Textual Amendments
F1Word in reg. 1(4) inserted (30.5.2018) by The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 (S.I. 2018/618), regs. 1(2), 4(a)
F2Words in reg. 1(4) inserted (5.10.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 4
F3Word in reg. 1(5) inserted (30.5.2018) by The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 (S.I. 2018/618), regs. 1(2), 4(b)
F4Words in reg. 1(5) inserted (5.10.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 4
2. In these Regulations—
“the 1971 Act” means the Immigration Act 1971 M1;
“the 1981 Act” means the British Nationality Act 1981 M2;
“the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 1982 M3;
“the 1999 Act” means the Immigration and Asylum Act 1999 M4;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002 M5;
“the 2007 Act” means the UK Borders Act 2007 M6;
“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008 M7;
“the 2016 Order” means the Immigration and Nationality (Fees) Order 2016;
[F5“administrative review” means administrative review under Appendix AR or Appendix AR (EU) to the immigration rules [F6or under Part 5 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020];]
“approval letter from a designated competent body”—
[F9“approval letter from an endorsing body” means a letter from an endorsing body, within the meaning given by paragraph 6 of the immigration rules, endorsing a proposed application for entry clearance to enter or leave to remain in the United Kingdom under Appendix Global Talent to those rules;]
“being looked after by a local authority” means being looked after by a local authority (or in Northern Ireland, an authority) under—
“biometric immigration document” has the same meaning as provided in section 5 of the 2007 Act M13;
“certificate of sponsorship”—
F10... 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;
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12...
“child” means a person under the age of 18;
“contractor” means a person with whom the Secretary of State has entered into a contract, by which the person agrees to provide certain services in connection with immigration or nationality to applicants;
“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 M14;
“dependant” in respect of a person (“P”) means—
the spouse or civil partner of P;
someone who has been living with P in a relationship akin to a marriage or civil partnership for at least two years; or
any other person whose entitlement to make an application referred to in these Regulations arises by virtue of a connection between that person and P;
“EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963 M15;
“entry clearance”—
in respect of the United Kingdom has the same meaning as provided in section 33(1) of the 1971 Act M16;
in respect of the Isle of Man has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Isle of Man M17;
in respect of the Bailiwick of Guernsey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Guernsey M18;
in respect of the Bailiwick of Jersey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Jersey M19;
[F13“Global Talent Migrant” has the meaning given by paragraph 6 of the immigration rules;]
“immigration rules” means the rules made under section 3(2) of the 1971 Act;
“indefinite leave” has the same meaning as provided in section 33(1) of the 1971 Act;
[F14“Innovator”—
“Isle of Man immigration rules” means the rules made under section 3(2) of the 1971 Act as that section extends to the Isle of Man M20;
“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;
“Life in the UK Test” means the test referred to as the Life in the UK Test in Appendix KoLL [F17and Appendix KOL UK] to the immigration rules and regulation 5A of the British Nationality (General) Regulations 2003 M21;
“limited leave” has the same meaning as provided in section 33(1) of the 1971 Act;
“main applicant” means the person who has made an application or claim in connection with immigration, as distinct from a person applying as the dependant of such a person;
“Points-Based System”—
[F20“premium services” means optional premium services in connection with immigration or nationality;]
“private medical treatment”—
in respect of the United Kingdom has the same meaning as provided in Appendix V to the immigration rules;
in respect of the Isle of Man has the same meaning as provided in Appendix V to the Isle of Man immigration rules;
“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 in order to enable a record to be taken of that person's biometric information, where the person is required by regulations made under section 41 of the 1981 Act M22F21... or section 5 of the 2007 Act to provide such information for the purposes of an application or claim in connection with immigration or nationality;
[F22“reuse of a person’s biometric information” means the reuse of a person’s recorded biometric information by the Secretary of State, pursuant to regulations made under section 41 of the 1981 Act or section 5 of the 2007 Act and in connection with an application in connection with immigration or nationality, where that recorded information was provided for the purposes of any other application or claim in connection with immigration or nationality;]
“shortage occupation certificate of sponsorship”—
“sponsor”—
“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;
“sponsored worker”—
F28...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;
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F30“Start-up Migrant”—
[F33“Tier 1 (General) Migrant” and “Tier 1 (Post-Study Work) Migrant” have the meanings given by paragraph 6 of the Isle of Man immigration rules;]
“Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”, F34... “Tier 1 (Graduate Entrepreneur) Migrant” [F35and], “Tier 1 (Investor) Migrant”F36...—
in respect of the United Kingdom have the meanings given by paragraph 6 of the immigration rules;
in respect of the Isle of Man have the meanings given by paragraph 6 of the Isle of Man immigration rules;
F37...
F39...
“Tier 4 Migrant”—
“Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant”—
F44...
“travel document” means a document which—
is not a passport;
allows 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 a person who is either a refugee or stateless, or cannot obtain or use a passport issued by the person's own country;
“User-Pays Application Centre” means an office at which applicants can access—
in respect of the United Kingdom, services in connection with immigration or nationality specifically in relation to entry clearance to enter, leave to enter or leave to remain in the United Kingdom;
in respect of the Isle of Man, services in connection with immigration specifically in relation to entry clearance to enter the Isle of Man;
in respect of the Bailiwick of Guernsey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;
in respect of the Bailiwick of Jersey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;
“visit visa”—
[F45in respect of the United Kingdom means entry clearance to enter the United Kingdom as a visitor;]
in respect of the Isle of Man has the same meaning as in Appendix V to the Isle of Man immigration rules.
Textual Amendments
F5Words in reg. 2 substituted (30.3.2019 at 7.00 a.m.) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(c), 4(2)
F6Words in reg. 2 inserted (6.4.2021 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) Regulations 2021 (S.I. 2021/269), regs. 1(5), 3
F7Words in reg. 2 omitted (20.2.2020) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 3(a)(i)
F8Words in reg. 2 omitted (20.2.2020) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 3(a)(ii)
F9Words in reg. 2 substituted (1.12.2020 at 9.00 am) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(2)
F10Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(3)(a)
F11Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(3)(b)
F12Words in reg. 2 omitted (26.2.2022) by virtue of The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 (S.I. 2021/1035), reg. 1(5), Sch. 3 para. 2
F13Words in reg. 2 inserted (20.2.2020) by The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 3(c)
F14Words in reg. 2 substituted (6.4.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 3(a)
F15Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(3)(a)
F16Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(3)(b)
F17Words in reg. 2 inserted (1.12.2020 at 9.00 am) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(4)
F18Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(5)(a)
F19Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(5)(b)
F20Words in reg. 2 inserted (29.6.2021) by The Immigration and Nationality (Fees) (Amendment) Order 2021 (S.I. 2021/768), arts. 1(2), 3(2)
F21Words in reg. 2 omitted (6.10.2021) by virtue of The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 (S.I. 2021/1035), reg. 1(2), Sch. 2 para. 2(a)
F22Words in reg. 2 inserted (6.10.2021) by The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 (S.I. 2021/1035), reg. 1(2), Sch. 2 para. 2(b)
F23Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(4)(a)
F24Words in reg. 2 substituted (1.12.2020 at 9.00 am) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(6)
F25Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(4)(b)
F26Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(5)(a)
F27Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(5)(b)
F28Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(6)(a)
F29Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(6)(b)
F30Words in reg. 2 substituted (6.4.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 3(b)
F31Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(7)(a)
F32Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(7)(b)
F33Words in reg. 2 inserted (1.12.2020 at 9.00 am) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(8)
F34Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(9)(a)
F35Word in reg. 2 inserted (1.12.2020 at 9.00 am) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(9)(b)
F36Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(9)(c)
F37Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(10)
F38Words in reg. 2 omitted (8.10.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 3(7)(b)
F39Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(11)
F40Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(12)(a)
F41Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(12)(b)
F42Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(13)(a)
F43Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(13)(b)
F44Words in reg. 2 omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(14)
F45Words in reg. 2 substituted (1.12.2020 at 9.00 am) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 6(15)
Marginal Citations
M11971 c. 77. This Act was extended subject to modifications to the Bailiwick of Guernsey by S.I. 1993/1796 (as amended by S.I. 2003/2900), S.I. 2011/2444 and S.I. 2015/1533. It was also extended to the Bailiwick of Jersey by S.I. 1993/1797, as amended by S.I. 2003/1252, S.I. 2012/2593 and S.I. 2017/981. It was also extended subject to modifications to the Isle of Man by S.I. 2008/680 as amended by S.I. 2011/1158, S.I. 2011/1408, S.I. 2015/1765, S.I. 2016/156 and SI 2016/755.
M3S.I. 1982/1070, as amended by sections 1(2) and 2(3) of the British Overseas Territories Act 2002 (c. 8), S.I. 1983/1699 and S.I. 2009/1892.
M7S.I. 2008/3048, as amended by S.I. 2009/819, S.I. 2009/3321, S.I. 2010/2958; S.I. 2012/594, S.I. 2015/433 and S.I. 2015/897.
M8Laid before Tynwald on 17th May 2005 (SD 62/05), as amended.
M91989 c. 41. Section 22(1) was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22); section 2(1) and (2) of the Children (Leaving Care) Act 2000 (c. 35); section 116(2) of the Adoption and Children Act 2002 (c. 38); and S.I. 2016/413.
M101995 c. 36. Section 17(6) was amended by paragraph 9(4)(b) of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4); paragraph 2(4) of Schedule 5 to the Children's Hearings (Scotland) Act 2011 (asp 1); and S.S.I. 2013/211.
M13Section 5 was amended by paragraph 19 of the Schedule to the Identity Documents Act 2010 (c. 40); the 2008 Regulations were made under this section.
M141998 c. 42, as amended by S.I. 2003/1887 and S.I. 2004/1574.
M15OJ No C 113, 24.12.73, p 2.
M16The definition of “entry clearance” in section 33(1) was amended by paragraph 2 of Schedule 4 to the 1981 Act and paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).
M17The definition of “entry clearance” in section 33(1) was extended with modifications to the Isle of Man by article 6 of S.I. 2008/680; there are amendments to that Order but none are relevant.
M18The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Guernsey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, S.I. 1993/1796.
M19The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Jersey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, S.I. 1993/1797, as amended by S.I. 2017/981.
M20Section 3(2) of the Immigration Act 1971 was extended with modifications to the Isle of Man by article 6 of S.I. 2008/680; there are amendments to that Order but none are relevant.
M21S.I. 2003/548; regulation 5A was inserted by S.I. 2004/1726 and subsequently amended by S.I. 2013/2541, S.I. 2015/681 and S.I. 2015/1806.
M22Section 41 was amended by sections 1(3) and (4) and 3 of, and paragraphs 3 to 7 of Schedule 1 to, the 2002 Act, section 50(4) of, and paragraph 1 of Schedule 2, and Schedule 3 to, the Immigration, Asylum and Nationality 2006 Act, section 10 of the Immigration Act 2014 (c. 22) (“the 2014 Act”), S.I. 1986/948 and S.I. 2014/542. Regulations have been made: S.I. 2003/548, as amended by S.I. 2015/738; other amendments have been made but none are relevant.
3. Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) has effect to specify—
(a)the amount of the fees for—
(i)specified applications for entry clearance to enter the United Kingdom for the purposes of article 4 of the 2016 Order;
(ii)specified applications for entry clearance to enter and leave to enter the United Kingdom for the purposes of article 5 of the 2016 Order;
(iii)specified applications for F46... an approval letter from [F47an endorsing body] for the purposes of article 6 of the 2016 Order; and
(b)exceptions to the requirement to pay fees referred to in paragraph (a), and F48... circumstances in which such fees may be waived or reduced.
Textual Amendments
F46Words in reg. 3(a)(iii) omitted (1.12.2020 at 9.00 am) by virtue of The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(2), 7
F47Words in reg. 3(a)(iii) substituted (20.2.2020) by The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 4
F48Word in reg. 3(b) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 6
4. Schedule 2 (applications for leave to remain in the United Kingdom) has effect to specify—
(a)the amount of the fees for—
(i)specified applications for leave to remain in the United Kingdom for the purposes of articles 4 and 5 of the 2016 Order;
(ii)applications for an approval letter from [F49an endorsing body] for the purposes of article 6 of the 2016 Order; and
(b)exceptions to the requirement to pay fees referred to in paragraph (a), and F50...circumstances in which such fees may be waived or reduced.
Textual Amendments
F49Words in reg. 4(a)(ii) substituted (20.2.2020) by The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 5
F50Word in reg. 4(b) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 7
5. Schedule 3 (documents and administration) has effect to specify—
(a)the amount of the fees for specified applications and requests for the purposes of article 6 of the 2016 Order; and
(b)exceptions to the requirement to pay fees referred to in paragraph (a), and F51... circumstances in which such fees may be waived or reduced.
Textual Amendments
F51Word in reg. 5(b) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 8
6. Schedule 4 (sponsorship) has effect to specify the amount of the fees for specified applications, processes, services and premium services for sponsors in relation to sponsorship for the purposes of article 7 of the 2016 Order.
7. Schedule 5 (consular functions) has effect to specify—
(a)the amount of fees for specified consular functions for the purposes of article 8 of the 2016 Order; and
(b)F52... circumstances in which such fees may be waived.
Textual Amendments
F52Word in reg. 7(b) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 9
8. Schedule 6 (premium services (in the United Kingdom)) has effect to specify—
(a)the amount of the fees for specified premium services offered in the United Kingdom for the purposes of article 9 of the 2016 Order M23; and
(b)F53... circumstances in which such fees may be waived or reduced.
Textual Amendments
F53Word in reg. 8(b) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 10
Marginal Citations
M23Amended by S.I. 2017/440.
9. Schedule 7 (premium services (outside the United Kingdom)) has effect to specify—
(a)the amount of the fees for specified premium services offered outside the United Kingdom for the purposes of article 9 of the 2016 Order; and
(b)F54... circumstances in which such fees may be waived or reduced.
Textual Amendments
F54Word in reg. 9(b) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 11
10. Schedule 8 (nationality) has effect to specify—
(a)the amount of the fees for—
(i)specified applications, processes and services in connection with nationality for the purposes of article 10 of the 2016 Order;
[F55(ii)specified applications for certain documents and specified applications for the review of certain applications, for the purposes of article 6 of the 2016 Order;]
[F56(aa)exceptions to the requirements to pay specified fees referred to in paragraph (a);]
(b)the circumstances in which the fee for arrangement of a citizenship ceremony must be refunded[F57; and
[F58(c)circumstances in which specified fees referred to in paragraph (a) may be waived.]]
Textual Amendments
F55Reg. 10(a)(ii) substituted (6.4.2022) by The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(2), 4(a)
F56Reg. 10(aa) substituted (6.10.2021) by The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 (S.I. 2021/1035), reg. 1(2), Sch. 2 para. 3(b)
F57Reg. 10(c) and word inserted (6.4.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 4(c)
11. Schedule 9 (applications relating to entry clearance to enter the Isle of Man and premium services) has effect to specify—
(a)the amount of the fees for specified applications for entry clearance to enter the Isle of Man, and for an approval letter from a designated competent body, for the purposes of articles 4, 5 and 5A of the 2016 Order M24;
(b)[F59exceptions to the requirement to pay specified fees] referred to in paragraph (a);
(c)the amount of the fees for specified premium services offered outside the United Kingdom and the Isle of Man for the purposes of article 9A of the 2016 Order M25 as it relates to the Isle of Man; and
(d)F60... circumstances in which fees mentioned in paragraph (a) or (c) may be waived or reduced.
Textual Amendments
F59Words in reg. 11(b) substituted (6.4.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 5
F60Word in reg. 11(d) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 13
Marginal Citations
M24Article 5A was inserted by S.I. 2017/440.
M25Article 9A was inserted by S.I. 2018/329.
12. Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) has effect to specify—
(a)the amount of the fees for specified applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey for the purposes of articles 4 and 5 of the 2016 Order M26;
(b)the amount of the fees for specified premium services offered outside the United Kingdom and the Bailiwick of Guernsey or the Bailiwick of Jersey (as the case may be) for the purposes of article 9A of the 2016 Order as it relates to the Bailiwick of Guernsey and the Bailiwick of Jersey; and
(c)F61... circumstances in which fees mentioned in paragraphs (a) and (b) may be waived or reduced.
Textual Amendments
F61Word in reg. 12(c) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 14
Marginal Citations
M26Articles 4 and 5 were extended to the Bailiwick of Guernsey and the Bailiwick of Jersey by S.I. 2017/440.
13. Schedule 11 (miscellaneous fees) has effect to specify—
(a)the amount of the fees for—
(i)the administration of the Life in the UK test, for the purpose of fee 3.2.1 in the table in article 6 of the 2016 Order;
(ii)an administrative review of a decision for the purpose of article 6 of the 2016 Order; and
(b)exceptions to the requirement to pay the fee referred to in (a)(ii), and F62... circumstances in which such a fee may be waived or reduced.
Textual Amendments
F62Word in reg. 13(b) omitted (5.10.2020 at 9.00 a.m.) by virtue of The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 15
13A. The Secretary of State may waive any fee specified in these Regulations which would otherwise be payable by a person for or in connection with an application made under the Windrush Scheme.]
Textual Amendments
F63Reg. 13A inserted (30.5.2018) by The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 (S.I. 2018/618), regs. 1(2), 5
13B.—(1) Paragraph (2) applies where the Secretary of State considers that—
(a)there are exceptional circumstances significantly affecting a number of individuals who are in the same or a similar situation, and
(b)those circumstances are beyond the control of those individuals.
(2) Where the Secretary of State considers it appropriate to do so because of the effect of those circumstances on those individuals, the Secretary of State may decide, in relation to every one of those individuals, to waive the payment by them of any fee specified by these Regulations in respect of any particular description of application, request, process or service.
(3) The Secretary of State’s power under paragraph (2) is in addition to, and does not limit, the Secretary of State’s other powers under these Regulations to waive the payment of fees.
Textual Amendments
F64Regs. 13B-13D inserted (5.10.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 16
13C.—(1) The Secretary of State may waive the payment of any fee specified in these Regulations where the Secretary of State considers it appropriate to do so in consequence of a decision of any court or tribunal in the United Kingdom.
(2) The Secretary of State’s power under paragraph (1) is in addition to, and does not limit, the Secretary of State’s other powers under these Regulations to waive the payment of fees.
Textual Amendments
F64Regs. 13B-13D inserted (5.10.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 16
13D. The Secretary of State may refund any fee, or any part of a fee, paid under these Regulations.]
Textual Amendments
F64Regs. 13B-13D inserted (5.10.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 16
14. Schedule 12 (amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011) M27 has effect.
Marginal Citations
15. Where a person seeks to pay any fee specified in these Regulations in a currency other than sterling (“the foreign currency”), the fee payable in the foreign currency is determined by reference to the Home Office Exchange Rate Policy M28 on the date that the payment is made.
Marginal Citations
M28Accessible at https://www.gov.uk/government/publications/exchange-rate-policy.
16.—(1) Where a person is required to pay a fee specified in these Regulations for an application, but fails to pay that fee, the Secretary of State may—
(a)reject the application as invalid; or
(b)request the person to pay the outstanding amount.
(2) Where paragraph (1)(b) applies—
(a)the person must pay the outstanding amount within 10 working days beginning with the day on which the request for payment was made;
(b)if the outstanding amount is not paid within the period mentioned in sub-paragraph (a), the Secretary of State must reject the application as invalid.
(3) The period of 10 working days referred to in paragraph (2)(a) begins—
(a)where the request for payment is made in writing, on the day that the request is sent;
(b)where the request is made by telephone or in person, on the day that the request is made.
17.—(1) Where—
(a)an application is made in person; and
(b)the applicant pays the fee in relation to such an application prior to the date that the application is made,
the fee payable is that in relation to the relevant application on the date of payment.
(2) In this regulation, the date of payment means the date on which the payment is made by the applicant, unless it is made by post, in which case it means the date that the payment is posted.
18. The following are revoked—
(a)the Immigration and Nationality (Fees) Regulations 2017 M29 except regulation 14 of, and paragraph 1(1) and (3) of Schedule 12 to, those Regulations;
(b)the Immigration and Nationality (Fees) (Amendment) Regulations 2017 M30.
Caroline Nokes
Minister of State
Home Office
We consent
Paul Maynard
Craig Whittaker
Two of the Lords Commissioners of Her Majesty's Treasury