The Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018

Statutory Instruments

2018 No. 875

Exiting The European Union

Immigration

Nationality

The Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018

Made

19th July 2018

Laid before Parliament

20th July 2018

Coming into force

28th August 2018

The Secretary of State makes the following Regulations with the consent of the Treasury, in exercise of the powers conferred by sections 68(1), (7), (8) and (10)(a) and 74(8)(a) and (b) of the Immigration Act 2014(1). These Regulations are made further to provision in the Immigration and Nationality (Fees) Order 2016(2).

Citation and commencement

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018.

(2) These Regulations come into force on 28th August 2018.

Amendments to the Immigration and Nationality (Fees) Regulations 2018

2.—(1) Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018(3) (applications for leave to remain in the United Kingdom) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (3) at the end insert “, other than an application to which Table 8A applies”;

(b) after sub-paragraph (3) insert—

“(3A) Table 8A specifies the amount of the fees for applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules(4).”;

(c) in sub-paragraphs (4) and (6) for “and 8” substitute “, 8 and 8A”.

(3) In Table 8 (fees for applications for indefinite leave to remain in the United Kingdom)—

(a) in the table heading, at the end (but before the closing bracket) insert “, other than applications to which Table 8A applies”;

(b) in 8.1.1, in the second column at the end insert “, other than an application to which Table 8A applies”.

(4) After Table 8 insert—

“Table 8A (Fees for applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules)

Number of fee	Type of application	Amount of fee
8A.1	Fees for applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules
8A.1.1	Application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules where the applicant is aged 16 or over on the day the application is made.	£65
8A.1.2	Application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules where the applicant is under the age of 16 on the day the application is made.	£32.50”

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

(a) in 9.6, in the third column at the end insert “, 8A.1.1, 8A.1.2”;

(b) at the end insert—

“9.13	Applications for leave to remain in the United Kingdom made on specified grounds under Appendix EU to the immigration rules
	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 on the grounds (in relation to the applicant’s eligibility under that Appendix) that condition 1 or condition 2 in paragraph EU11 of that Appendix is met.	Fees 8A.1.1, 8A.1.2”

(6) In paragraph 3 after “an application for leave to remain in the United Kingdom” insert “(other than an application to which Table 8A applies)”.

Caroline Nokes

Minister of State

Home Office

19th July 2018

We consent

Craig Whittaker

Rebecca Harris

Two of the Lords Treasury Commissioners

17th July 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Immigration and Nationality (Fees) Regulations 2018. They set fees in respect of applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules. They also provide for exceptions to the requirement to pay those fees. Appendix EU to the immigration rules provides for the granting of leave to remain in the United Kingdom to EU citizens and others.

An impact assessment of the effect of this instrument has been prepared. When published it will be available alongside this instrument at www.legislation.gov.uk and from the Home Office, Fees and Income Planning Team, 8th Floor, Southern House, Wesley Grove, Croydon, CR0 1XG.

(1)

2014 c. 22. Treasury consent has been obtained in pursuance of section 69(1).

(2)

S.I. 2016/177; amended by S.I. 2017/440, 2018/329.

(3)

S.I. 2018/330; amended by S.I. 2018/618.

(4)

Laid before Parliament on 23rd May 1994 (HC 395), as amended. Appendix EU was laid before Parliament on 20th July 2018 ([Cm 9675).