The Immigration and Nationality (Fees) Regulations 2018

Regulation 4

SCHEDULE 2 U.K. APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Interpretation U.K.

1.—(1) In this Schedule—

“Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—

(a)

a person making a claim for asylum under Part 11 of the immigration rules which has either not been determined or has been granted;

(b)

a person who has been granted humanitarian protection under that Part of the immigration rules;

(c)

a person claiming that, due to an ongoing medical condition, removal from the United Kingdom would be incompatible with Article 3 of the European Convention on Human Rights;

(d)

a person who is a dependant of a refugee or person granted humanitarian protection under the immigration rules and is applying for leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

(e)

a child who was born in the United Kingdom to a person referred to in paragraph (a) or (b);

“claim for asylum” has the meaning given by section 94(1) of the 1999 Act M1 ;

“positive conclusive grounds decision” means a decision made by a designated competent authority of the United Kingdom for the purposes of the Trafficking Convention M2 that the applicant is either—

(a)

a victim of human trafficking; or

(b)

a victim of slavery, servitude or forced or compulsory labour;

“specified human rights application” means an application for limited leave to remain in the United Kingdom under—

(a)

paragraph 276ADE(1) of the immigration rules;

(b)

section R-LTRP.1.1. (a), (b) and (d) of Appendix FM to the immigration rules;

(c)

section R-LTRPT.1.1. (a), (b) and (d) of Appendix FM to the immigration rules; or

(d)

any other application other than an Article 3 or Refugee Convention application in which the applicant relies solely or primarily on a claim that to remove the applicant from the United Kingdom or to require the applicant to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 M3 (public authority not to act contrary to Convention rights);

“the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings M4 ;

“Trafficking Convention reason” means a reason, in accordance with the United Kingdom's obligations under the Trafficking Convention, that the applicant's stay in the United Kingdom is necessary M5 —

(a)

because of the applicant's personal situation;

(b)

because the applicant is co-operating with a police investigation or criminal proceedings; or

(c)

in order to pursue a claim for compensation against the applicant's trafficker or modern slavery facilitator.

(2) For the purposes of this Schedule a claim for asylum is determined on—

(a) the day on which the Secretary of State notifies the claimant of the decision on the claim;

(b) if the claimant has appealed against the Secretary of State's decision, the day on which the appeal is disposed of; or

(c) if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act M6 or section 2 of the Special Immigration Appeals Commission Act 1997 M7 , the day on which the appeal is disposed of.

[F1 (2A) In this Schedule, a reference to an application for limited leave to remain under an Appendix to the immigration rules being for limited leave to remain—

(a) as the dependant partner or dependant child of a particular description of person, or

(b) as a dependant partner or dependant child, or any other description of dependant, on a particular route under that Appendix,

is to be construed in accordance with the Appendix in question.]

Textual Amendments

F1 Sch. 2 para. 1(2A) 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), 9(2) (with reg. 14)

Marginal Citations

M1 Section 94(1) was amended by section 60 of the 2002 Act and S.I. 2008/2833. It was also amended by section 44 of the 2002 Act but those amendments are not yet in force and have been prospectively repealed, from a date to be appointed, by paragraph 41 of Schedule 11 to the Immigration Act 2016 (“the 2016 Act”). Section 94(1) has also been prospectively amended, from a date to be appointed, by paragraphs 3 and 7 of Schedule 11 to the 2016 Act.

M2 The designated competent authorities for the United Kingdom for the purposes of the Trafficking Convention are the Home Office (postal address: UKVI, Waterside Court, 471 Kirkstall Road, Leeds LS4 2QB) and the United Kingdom Human Trafficking Centre (postal address: UKHTC, PO Box 8000, London SE11 5EN).

M3 1998 c. 42; section 6(4) was repealed by paragraph 66 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4).

M4 Cm 8414. The Convention entered into force in respect of the United Kingdom on 1st April 2009.

M5 Further information is available in the Competent Authority guidance at www.gov.uk/government/publications/victims-of-trafficking-guidance-for-competent-bodies.

M6 Section 82 was substituted by section 15(2) of the Immigration Act 2014 (“the 2014 Act”).

M7 1997 c.68; section 2 was substituted by paragraph 20 of Schedule 7 to the 2002 Act and was amended by paragraph 14 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006 Act, paragraphs 2 and 26 of Schedule 9 to the 2014 Act and section 64(2) of the 2016 Act. The amendments made to section 2 by paragraph 26 of Schedule 9 to the 2014 Act are not yet in force.

Fees for, and in connection with, applications for leave to remain in the United Kingdom U.K.

2.—(1) Table 6 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom and the amount of the fee for an approval letter from [F2 an endorsing body].

(2) Table 7 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom as the dependant of a main applicant.

(3) Table 8 specifies the amount of the fee for an application for indefinite leave to remain in the United Kingdom F3 ... .

F4 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Table 9 provides for exceptions to and waivers of the requirement to pay certain fees specified in Tables 6, 7 [F5 and 8].

(5) Paragraph 3 makes provision for the amount of the fees to be paid in respect of an application for leave to remain in the United Kingdom by a dependant of a main applicant, in cases where Table 7 does not apply.

[F6 (5A) Paragraph 3A provides for the reduction in specified circumstances of fees for applications for limited leave to remain in the United Kingdom [F7 under Appendix Skilled Worker to the immigration rules].]

(6) The fees specified in Table 6 are subject to paragraph 4 (applications by CESC nationals), and the fees specified in Tables 6, 7 [F8 and 8] are subject to paragraph 5 (variation of an application for leave to remain in the United Kingdom).

Table 6 (Fees for applications for limited leave to remain in the United Kingdom and connected applications)

Number of fee	Type of application	Amount of fee
6.1	General fee for applications for limited leave to remain in the United Kingdom
6.1.1	Application for limited leave to remain in the United Kingdom where the fee is not specified elsewhere in these Regulations.	£1,033
6.2	[F9 Fees for applications for limited leave to remain in the United Kingdom under Tier 1 or as a worker, temporary worker or student]
F10 . . .	F10 . . .	F10 . . .
F10 . . .	F10 . . .	F10 . . .
F10 . . .	F10 . . .	F10 . . .
6.2.4	Application for limited leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant.	£1,277
F11 . . .	F11 . . .	F11 . . .
6.2.6	Application for limited leave to remain in the United Kingdom as a Tier 1 (Investor) Migrant.	£1,623
[F12 6.2.6A	Application for limited leave to remain in the United Kingdom— (a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, (b) under Appendix Intra-Company Routes to those rules, on the Intra-Company Transfer route under that Appendix, other than as a dependant partner or dependant child on that route, (c) under Appendix T2 Minister of Religion to those rules, other than as a dependant partner or dependant child on the T2 Minister of Religion route under that Appendix, or (d) under Appendix T2 Sportsperson to those rules, other than as a dependant partner or dependant child on the T2 Sportsperson route under that Appendix, where a certificate of sponsorship has been issued for a period of three years or less and fee 6.2.6C does not apply.	£704
6.2.6B	Application for limited leave to remain in the United Kingdom— (a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, or (b) under Appendix Intra-Company Routes to those rules, on the Intra-Company Transfer route under that Appendix, other than as a dependant partner or dependant child on that route, where a certificate of sponsorship has been issued for a period of more than three years and fee 6.2.6D does not apply.	£1,408
6.2.6C	Application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of three years or less.	£464
6.2.6D	Application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of more than three years.	£928
6.2.6E	Application for limited leave to remain in the United Kingdom under Appendix Intra-Company Routes to the immigration rules, on the Intra-Company Graduate Trainee route under that Appendix, other than as a dependant partner or dependant child on that route.	£482
6.2.6F	Application for limited leave to remain in the United Kingdom— (a) under Appendix T5 (Temporary Worker) Religious Worker to the immigration rules, other than as a dependant partner or dependant child on the Religious Worker route under that Appendix, (b) under Appendix T5 (Temporary Worker) Charity Worker to those rules, other than as a dependant partner or dependant child on the Charity Worker route under that Appendix, (c) under Appendix T5 (Temporary Worker) Creative or Sporting Worker to those rules, other than as a dependant partner or dependant child on the Creative or Sporting Worker route under that Appendix, (d) under Appendix T5 (Temporary Worker) International Agreement Worker to those rules, other than as a dependant partner or dependant child on the International Agreement Worker route under that Appendix, or (e) under Appendix T5 (Temporary Worker) Government Authorised Exchange Worker to those rules, other than as a dependant partner or dependant child on the Government Authorised Exchange Worker route under than Appendix.	£244]
F13 . . .	F13 . . .	F13 . . .
F13 . . .	F13 . . .	F13 . . .
F13 . . .	F13 . . .	F13 . . .
F13 . . .	F13 . . .	F13 . . .
F13 . . .	F13 . . .	F13 . . .
[F14 6.2.11A	Application for limited leave to remain in the United Kingdom under— (a) [F15 Appendix Student] to the immigration rules, other than an application for limited leave to remain in the United Kingdom as the dependant partner or dependant child of a Student F16 ..., or (b) [F17 Appendix Child Student] to those rules.	£475]
F18 . . .	F18 . . .	F18 . . .
F19 . . .	F19 . . .	F19 . . .
[F20 6.2A	Fees for applications for limited leave to remain in the United Kingdom [F21 under Appendix Innovator or Appendix Start-up to the immigration rules]]
[F20 6.2A.1	Application for limited leave to remain in the United Kingdom [F22 under Appendix Innovator to the immigration rules, other than as a dependant partner or dependant child on the Innovator route under that Appendix].	£1,277]
[F20 6.2A.2	Application for limited leave to remain in the United Kingdom [F23 under Appendix Start-up to the immigration rules, other than as a dependant partner or dependant child on the Start-up route under that Appendix].	£493]
[F24 6.2B	Fees for and in connection with applications for limited leave to remain in the United Kingdom [F25 under Appendix Global Talent to the immigration rules]
6.2B.1	Application to the Home Office for an approval letter from an endorsing body in respect of a proposed application for limited leave to remain in the United Kingdom [F26 under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix].	£456
6.2B.2	Application for limited leave to remain in the United Kingdom [F27 under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix,] where fee 6.2B.1 applies.	£152
6.2B.3	Application for limited leave to remain in the United Kingdom [F27 under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix,] where fee 6.2B.1 does not apply.	£608]
[F28 6.2C	Fees for applications for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules, other than as a specified dependant
6.2C.1	Application for limited leave to remain in the United Kingdom for a period of thirty months under Appendix Hong Kong British National (Overseas) to the immigration rules, other than as— (a) a dependant partner on the BN(O) Status Holder route or the BN(O) Household Member route under that Appendix, (b) a BN(O) Household Child or BN(O) Adult Dependant Relative (within the meaning those expressions have in that Appendix) on the BN(O) Status Holder route under that Appendix, or (c) a dependant child on the BN(O) Household Member route under that Appendix.	£180
6.2C.2	Application for limited leave to remain in the United Kingdom for a period of five years under Appendix Hong Kong British National (Overseas) to the immigration rules, other than as— (a) a dependant partner on the BN(O) Status Holder route or the BN(O) Household Member route under that Appendix, (b) a BN(O) Household Child or BN(O) Adult Dependant Relative (within the meaning those expressions have in that Appendix) on the BN(O) Status Holder route under that Appendix, or (c) a dependant child on the BN(O) Household Member route under that Appendix.	£250]
6.3	Fees for other applications for limited leave to remain in the United Kingdom
6.3.1	[F29 Application for limited leave to remain in the United Kingdom under Appendix Representative of an Overseas Business to the immigration rules, other than as a dependant partner or dependant child on the Representative of an Overseas Business route under that Appendix.]	£704
6.3.2	Application for limited leave to remain in the United Kingdom as a retired person of independent means under Part 7 of the immigration rules.	£1,949
6.3.3	Application for limited leave to remain in the United Kingdom as a visitor.	£993

Table 7 (Fees for specified applications for limited leave to remain in the United Kingdom as a dependant)

Number of fee	Type of application	Amount of fee
7.1	Specified fees for applications for leave to remain in the United Kingdom as the dependant of a main applicant
7.1.1	Application for limited leave to remain in the United Kingdom as the dependant of a Tier 1 (Exceptional Talent) Migrant.	£608
[F30 7.1.1A	Application for limited leave to remain in the United Kingdom as the dependant of a Tier 1 (Graduate Entrepreneur) Migrant.	£493]
F31 . . .	F31 . . .	F31 . . .
F32 . . . . . . . . . .	. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .	. . . . . . . . . . . . . . . .
F31 . . .	F31 . . .	F31 . . .
[F33 7.1.5	Application for limited leave to remain in the United Kingdom under Appendix Global Talent to the immigration rules as a dependant partner or dependant child on the Global Talent route under that Appendix.	£608]

Table 8 (Fees for applications for indefinite leave to remain in the United Kingdom F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .)

Number of fee	Type of application	Amount of fee
8.1	General fee for applications for indefinite leave to remain in the United Kingdom
8.1.1	Application for indefinite leave to remain in the United Kingdom F35 . . . . . . . . . .	£2,389

Table 8A (fees for applications for indefinite leave to remain in the United Kingdom)

F36 . . . . . . . . . . . .

Table 9 (Exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)

Number and description of exception or waiver		Fees to which exception or waiver applies
9.1	Article 3 or Refugee Convention applications
	No fee is payable in respect of an Article 3 or Refugee Convention application.		Fees 6.1.1, 8.1.1
9.2	Applications for leave to remain under the Destitution Domestic Violence concession
	No fee is payable in respect of an application made under the Destitution Domestic Violence Concession M8 operated outside the immigration rules by the Secretary of State.		Fee 6.1.1
9.3	Applications for leave to remain in the United Kingdom as a victim of domestic violence or abuse under paragraph 289A, Appendix FM or Appendix Armed Forces
	No fee is payable in respect of an application as a victim of domestic violence or abuse under paragraph 289A of, or Appendix FM or Appendix Armed Forces to, the immigration rules where, at the time of making the application, the applicant appears to the Secretary of State to be destitute M9 .		Fee 8.1.1
9.4	Specified human rights applications where to require payment of the fee would be incompatible with the applicant's Convention rights
	No fee is payable in respect of a specified human rights application where to require payment of the fee would be incompatible with the applicant's Convention rights.		Fee 6.1.1
9.5	Short term variation of leave to remain in the United Kingdom
	No fee is payable in respect of an application made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to remain in the United Kingdom for a period of up to six months.		Fees [F37 6.2.11A], [F38 6.2.6F], 6.3.1, 6.3.2
9.6	Children being looked after by a local authority
	No fee is payable in respect of an application made in respect of a person who, at the time of making the application, is a child and is being looked after by a local authority.		Fees 6.1.1, [F39 6.2.11A], [F40 6.2.6F], 8.1.1 F41 . . .
9.7	Applications under [F42 Appendix ECAA Extension of Stay to the immigration rules]
	No fee is payable in respect of an application made under [F43 Appendix ECAA Extension of Stay to the immigration rules].		Fee 6.1.1
9.8	Applications from stateless persons
	No fee is payable in respect of an application for limited leave to remain or indefinite leave to remain in the United Kingdom as a stateless person, or as the family member of a stateless person, under Part 14 of the immigration rules.		Fees 6.1.1, 8.1.1
9.9	Applications for variation of limited leave to enter or remain in the United Kingdom to allow recourse to public funds
	No fee is payable in respect of an application for variation of the conditions attached to a grant 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 (subject to a condition of no recourse to public funds)— (a) under— (i) paragraph 276BE(1) (including when it is read with paragraph 276A01(1)) of Part 7 of the immigration rules; (ii) paragraph 276DG of that Part of the immigration rules; (iii) paragraph D-LTRP.1.2. (including when it is read with paragraph GEN.2.3.(1).) of Appendix FM to the immigration rules; (iv) paragraph D-LTRPT.1.2. (including when it is read with paragraph GEN.2.3.(1).) of Appendix FM to the immigration rules; (v) paragraph D-ILRP.1.2. of Appendix FM to the immigration rules; or (vi) paragraph D-ILRPT.1.2. of Appendix FM to the immigration rules; (b) outside the immigration rules— (i) as mentioned in paragraph 276BE(2) (including when it is read with paragraph 276A01(1)) of Part 7 of the immigration rules; or (ii) before 10th August 2017, as mentioned in paragraph GEN.1.10. of Appendix FM to the immigration rules as the rules had effect immediately before that date M10 .		Fee 6.1.1
9.10	Applications for discretionary leave by an individual with a positive conclusive grounds decision
9.10.1	No fee is payable in respect of an application or request for the first grant of limited discretionary leave for a Trafficking Convention reason, where the individual has received a positive conclusive grounds decision.		Fee 6.1.1
9.10.2	No fee is payable in respect of an application or request for a further grant of limited discretionary leave for a Trafficking Convention reason, where the individual has received a positive conclusive grounds decision and has not yet accrued thirty months limited discretionary leave for a Trafficking Convention reason.		Fee 6.1.1
9.10.3	No fee is payable in respect of an application or request for a further grant of limited discretionary leave for a Trafficking Convention reason, where an individual has received a positive conclusive grounds decision, where— (a) 9.10.2 does not apply because the individual has accrued thirty months or more limited discretionary leave for a Trafficking Convention reason; and (b) at the time of making the application or request the applicant appears to the Secretary of State to be destitute.		Fee 6.1.1
9.10.4	No fee is payable by a dependant of a person granted an exception under 9.10.1 to 9.10.3.		Fee 6.1.1
9.11	Applications for leave as a domestic worker who is the victim of slavery or human trafficking
9.11.1	No fee is payable in respect of an application for leave to remain made under paragraph 159I of the immigration rules as a domestic worker who is the victim of slavery or human trafficking.		Fee 6.1.1
9.12	Applications by qualifying residents of Grenfell Tower and Grenfell Walk
9.12.1	No fee is payable in respect of an application for leave to remain made under the Grenfell Tower Immigration Cases Policy for qualifying residents of Grenfell Tower and Grenfell Walk M11 .		Fee 6.1.1
9.12.2	The official determining an application for leave to remain may decide to waive the payment of the fee where the application is made (on or after the day on which these Regulations come into force)— (a) by a person who, on 31st January 2018, was eligible to be considered under the policy referred to in 9.12.1; or (b) in respect of a child born on or after 14th June 2017 in the United Kingdom to a person who was so eligible on 31st January 2018 (whether or not the person had come forward for consideration under the policy by that date).		Fee 6.1.1
F44 . . .	F44 . . .
[F45 9.14	Applications for leave to remain in the United Kingdom by relevant Afghan citizens and their dependants
9.14.1	No fee is payable in respect of an application for limited leave to remain in the United Kingdom made under paragraph 305 of the immigration rules in respect of a child of a person given limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the immigration rules.		Fee 6.1.1
9.14.2	No fee is payable in respect of an application for indefinite leave to remain in the United Kingdom made under paragraph 276BS3 of the immigration rules.		Fee 8.1.1
9.15	Applications for indefinite leave to remain in the United Kingdom by persons relocated to the United Kingdom under section 67 of the Immigration Act 2016 (unaccompanied refugee children: relocation and support)
	No fee is payable in respect of an application for indefinite leave to remain in the United Kingdom made under paragraph 352ZN of the immigration rules.		Fee 8.1.1]
[F46 9.16	Applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules]
	[F46 No fee is payable in respect of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules.		Fees 6.1.1, 8.1.1]
[F47 9.17	Applications for limited leave to remain in the United Kingdom made under Appendix S2 Healthcare Visitor to the immigration rules
	No fee is payable in respect of an application for limited leave to remain in the United Kingdom made under Appendix S2 Healthcare Visitor to the immigration rules.		Fees 6.1.1, 6.3.3]

Textual Amendments

F2 Words in Sch. 2 para. 2(1) substituted (20.2.2020) by The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 7(a)

F3 Words in Sch. 2 para. 2(3) omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3), 6(2)(a)

F4 Sch. 2 para. 2(3A) omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3), 6(2)(b)

F5 Words in Sch. 2 para. 2(4) 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), 6(2)(c)

F6 Sch. 2 para. 2(5A) inserted (4.8.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/736), regs. 1(2), 4(2)

F7 Words in Sch. 2 para. 2(5A) 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), 9(3) (with reg. 14)

F8 Words in Sch. 2 para. 2(6) 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), 6(2)(c)

F9 Words in Sch. 2 Table 6 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), 9(4)(a) (with reg. 14)

F10 Words in Sch. 2 Table 6 omitted (20.2.2020) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 7(b)(i)

F11 Words in Sch. 2 Table 6 omitted (6.4.2020) by virtue of The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 7(2)

F12 Words in Sch. 2 Table 6 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), 9(4)(b) (with reg. 14)

F13 Words in Sch. 2 Table 6 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), 9(4)(c) (with reg. 14)

F14 Words in Sch. 2 Table 6 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), 18(2)(a)

F15 Words in Sch. 2 Table 6 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), 9(4)(d)(i) (with reg. 14)

F16 Words in Sch. 2 Table 6 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), 9(4)(d)(ii) (with reg. 14)

F17 Words in Sch. 2 Table 6 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), 9(4)(d)(iii) (with reg. 14)

F18 Word in Sch. 2 Table 6 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), 18(2)(b) (with reg. 24(2))

F19 Words in Sch. 2 Table 6 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), 9(4)(e) (with reg. 14)

F20 Words in Sch. 2 Table 6 inserted (29.3.2019) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(2), 6(3)

F21 Words in Sch. 2 Table 6 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), 9(4)(f) (with reg. 14)

F22 Words in Sch. 2 Table 6 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), 9(4)(g) (with reg. 14)

F23 Words in Sch. 2 Table 6 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), 9(4)(h) (with reg. 14)

F24 Words in Sch. 2 Table 6 inserted (20.2.2020) by The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 7(b)(ii)

F25 Words in Sch. 2 Table 6 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), 9(4)(i) (with reg. 14)

F26 Words in Sch. 2 Table 6 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), 9(4)(j) (with reg. 14)

F27 Words in Sch. 2 Table 6 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), 9(4)(k) (with reg. 14)

F28 Words in Sch. 2 Table 6 inserted (31.1.2021) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(6), 9(4)(l) (with reg. 14)

F29 Words in Sch. 2 Table 6 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), 9(4)(m) (with reg. 14)

F30 Words in Sch. 2 Table 7 inserted (6.4.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 7(3)

F31 Words in Sch. 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), 9(5)(a) (with reg. 14)

F32 Words in Sch. 2 Table 7 omitted (29.3.2019) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(2), 6(4)

F33 Words in Sch. 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), 9(5)(b) (with reg. 14)

F34 Words in Sch. 2 Table 8 heading omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(e), 6(5)(a)

F35 Words in Sch. 2 Table 8 omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(e), 6(5)(b)

F36 Sch. 2 Table 8A omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(e), 6(6)

F37 Word in Sch. 2 Table 9 substituted (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), 18(3)(a) (with reg. 24(2))

F38 Word in Sch. 2 Table 9 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), 9(6)(a) (with reg. 14)

F39 Word in Sch. 2 Table 9 substituted (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), 18(3)(b) (with reg. 24(2))

F40 Word in Sch. 2 Table 9 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), 9(6)(b) (with reg. 14)

F41 Words in Sch. 2 Table 9 omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(e), 6(7)(a)

F42 Words in Sch. 2 Table 9 substituted (31.12.2020 at 11.00 pm) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(4)(b), 9(6)(c)(i) (with reg. 14)

F43 Words in Sch. 2 Table 9 substituted (31.12.2020 at 11.00 pm) by The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1147), regs. 1(4)(b), 9(6)(c)(ii) (with reg. 14)

F44 Words in Sch. 2 Table 9 omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(e), 6(7)(b)

F45 Words in Sch. 2 Table 9 inserted (8.10.2018) by The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 4(2)

F46 Words in Sch. 2 Table 9 inserted (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)(e), 6(7)(c)

F47 Words in Sch. 2 Table 9 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), 9(6)(d) (with reg. 14)

Marginal Citations

M8 The Destitution Domestic Violence Concession enables destitute applicants who intend to apply for indefinite leave to remain in the United Kingdom as a victim of domestic violence or abuse to be provided with access to public funds pending resolution of their application. Further information is available at www.gov.uk/government/uploads/system/uploads/attachment_data/file/679269/victims-of-domestic-violence-and-abuse-DDV-concession-v1_0.pdf

M9 More information on the exercise of this destitution policy is available at www.gov.uk/government/uploads/system/uploads/attachment_data/file/680977/victims-of-domestic-violence-v14.pdf.

M10 The text of the immigration rules as they had effect on 9th August 2017 is accessible at www.gov.uk/government/uploads/system/uploads/attachment_data/file/646421/Immigration_Rules_-_Archive_20170501_JM.PDF.

M11 The policy, is accessible at www.gov.uk/government/publications/grenfell-tower-fire-handling-immigration-cases. As of 1st February 2018, it is closed to new cases but leave granted under the policy before that date can be extended under the policy after that date.

Applications by dependants U.K.

3.  Except in respect of applications for which a fee is specified in Table 7, and subject to the exceptions and waivers set out in Table 9 [F48 and to paragraph 3A], the fee for an application for leave to remain in the United Kingdom F49 ... made by the dependant of a main applicant is the fee specified in Table 6 or 8 (as the case may be) in respect of the main applicant's application.

Textual Amendments

F48 Words in Sch. 2 para. 3 inserted (4.8.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/736), regs. 1(2), 4(3)

F49 Words in Sch. 2 para. 3 omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(e), 6(8)

[F50 Reduction of fees for Health and Care Visa applications and related applications by dependants U.K.

3A.— (1) In this paragraph—

a “Health and Care Visa application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where the certificate of sponsorship issued in respect of the application confirms the applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance;

a “relevant dependant’s application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker where—

(a)

the certificate of sponsorship issued in respect of the application by the main applicant confirms the main applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance, or by the Tier 2 Policy Guidance where the main applicant’s application was made before 9.00 a.m. on 1st December 2020, or

(b)

the applicant has a sponsor’s letter or email referred to in paragraph 9 of the Health and Care Visa Guidance.

(2) In the case of a Health and Care Visa application, the fee under 6.2.6A, 6.2.6B, 6.2.6C or 6.2.6D of Table 6 payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules is to be reduced—

(a) by £472, where it is the fee specified by 6.2.6A of that Table;

(b) by £944, where it is the fee specified by 6.2.6B of that Table;

(c) by 50%, where it is the fee specified by 6.2.6C or 6.2.6D of that Table.

(3) In the case of a relevant dependant’s application where the application by the main applicant was made at or after 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a) by £472, where it is the fee specified by 6.2.6A of Table 6;

(b) by £944, where it is the fee specified by 6.2.6B of that Table;

(c) by 50%, where it is the fee specified by 6.2.6C or 6.2.6D of that Table.

(4) In the case of a relevant dependant’s application where the application by the main applicant was made before 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a) by £472, where it is the fee specified by 6.2.7 of Table 6 as it continues to have effect by virtue of regulation 14(6) of the Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020;

(b) by £944, where it is the fee specified by 6.2.8 of that Table as it continues to have effect by virtue of that regulation;

(c) by 50%, where it is the fee specified by 6.2.9 or 6.2.10 of that Table as it continues to have effect by virtue of that regulation.

(5) In sub-paragraph (1)—

(a) the references to “the Health and Care Visa Guidance” are references to the document entitled “Health and Care Visa Guidance” published by the Home Office;

(b) the reference to “the Tier 2 Policy Guidance” is a reference to the document entitled “Tier 2 of the Points-Based System – Policy Guidance” published by the Home Office.]

Textual Amendments

F50 Sch. 2 para. 3A 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), 9(7) (with reg. 14)

Applications made by CESC Nationals U.K.

4.—(1) Where an application for leave to remain in the United Kingdom of a kind within sub-paragraph (2) [F51 or (2A)] is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 6 is to be reduced by £55.

(2) An application is of a kind within this sub-paragraph if it is an application for leave to remain in the United Kingdom as—

(a) a Tier 1 (Entrepreneur) Migrant;

F52 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F55 (2A) An application is of a kind within this sub-paragraph if it is an application for leave to remain in the United Kingdom under any of the following Appendices to the immigration rules—

(a) Appendix Skilled Worker;

(b) Appendix Intra-Company Routes;

(c) Appendix T2 Minister of Religion;

(d) Appendix T2 Sportsperson;

(e) Appendix T5 (Temporary Worker) Religious Worker;

(f) Appendix T5 (Temporary Worker) Charity Worker;

(g) Appendix T5 (Temporary Worker) Creative or Sporting Worker;

(h) Appendix T5 (Temporary Worker) International Agreement Worker;

(i) Appendix T5 (Temporary Worker) Government Authorised Exchange Worker;

(j) Appendix Innovator;

(k) Appendix Start-up;

(l) Appendix Global Talent.]

[F56 (3) Where the application is a Health and Care Visa application within the meaning of paragraph 3A, the reference in sub-paragraph (1) to the fee set out in Table 6 is to be read as a reference to that fee as reduced under paragraph 3A.]

Textual Amendments

F51 Words in Sch. 2 para. 4(1) 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), 9(8)(a) (with reg. 14)

F52 Sch. 2 para. 4(2)(b) omitted (20.2.2020) by virtue of The Immigration and Nationality (Fees) (Amendment) Regulations 2020 (S.I. 2020/77), regs. 1(2), 7(d)(i)

F53 Sch. 2 para. 4(2)(c) omitted (6.4.2020) by virtue of The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/294), regs. 1(2), 7(4)

F54 Sch. 2 para. 4(2)(d)-(h) 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), 9(8)(b) (with reg. 14)

F55 Sch. 2 para. 4(2A) 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), 9(8)(c) (with reg. 14)

F56 Sch. 2 para. 4(3) inserted (4.8.2020) by The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2020 (S.I. 2020/736), regs. 1(2), 4(5)

Variation of an application for leave to remain in the United Kingdom U.K.

5.—(1) This sub-paragraph applies where—

(a) an application for leave to remain in the United Kingdom is made in respect of a person on or after the day that these Regulations come into force; but

(b) before that application [F57 (“the first application”)] is determined a further application is submitted which has the effect of varying it.

F58 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F59 (3) Where sub-paragraph (1) applies F60 ... the Secretary of State must refund any fee (or fees) paid in respect of the first application.]

Textual Amendments

F57 Words in Sch. 2 para. 5(1)(b) inserted (8.10.2018) by The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 4(3)(a)

F58 Sch. 2 para. 5(2) 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), 18(4)(a)

F59 Sch. 2 para. 5(3) inserted (8.10.2018) by The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 4(3)(c)

F60 Words in Sch. 2 para. 5(3) 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), 18(4)(b)