The Immigration and Nationality (Fees) (Amendment) Regulations 2022

Amendments to the Immigration and Nationality (Fees) Regulations 2018

2.—(1) The Immigration and Nationality (Fees) Regulations 2018(1) are amended as follows.

(2) In Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) in Table 4 (exceptions) after 4.11.1 insert—

“4.12	Applications for entry clearance under Appendix Ukraine Scheme to the immigration rules
4.12.1	No fee is payable in respect of an application for entry clearance to enter the United Kingdom under Appendix Ukraine Scheme to the immigration rules(2).	Fee 1.5.1”

(3) In Schedule 2 (applications for leave to remain in the United Kingdom)—

(a) in Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications) before 6.2.11A insert—

“6.2.6L

Application for limited leave to remain in the United Kingdom made under Appendix High Potential Individual to the immigration rules(3), other than as a dependent partner or dependent child of a High Potential Individual.

£715”

(b) in Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom) after 9.23 insert—

“9.24	Applications for limited leave to remain in the United Kingdom under Appendix Ukraine Scheme to the immigration rules
	No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Ukraine Scheme to the immigration rules.	Fee 6.1.1”

(4) In Schedule 8 (nationality)—

(a) in paragraph 2—

(i) in sub-paragraph (1A) after “Table 19” insert “and Table 20”;

(ii) after sub-paragraph (4) insert—

“(5) Paragraph 8 confers a discretion on the Secretary of State to waive, in specified circumstances, the fees specified in 19.3.1 and 19.3.2.”;

(b) in Table 19 (fees for applications relating to nationality) for 19.3.1 and 19.3.2 substitute—

“19.3.1	Application for registration as a British citizen under the 1981 Act, where the person in respect of whom the application is made is a child at the time the application is made.	£1,012
19.3.2	Application for registration as a British citizen under the 1997 Act, where the person in respect of whom the application is made is a child at the time the application is made.	£1,012”

(c) in Table 20A (exception in respect of fees for applications for registration as a British citizen under the 1981 Act)—

(i) in the heading of the Table for the words in brackets substitute “(Exceptions in respect of fees for registration and for services in connection with citizenship ceremonies and oaths)”;

(ii) at the end insert—

“20A.3	Children being looked after by a local authority
20A.3.1	No fee is payable in respect of an application for registration as a British citizen under the 1981 Act or the 1997 Act where, at the time the application is made, the person in respect of whom it is made is a child and— (a) is being looked after by a local authority, or (b) is being looked after outside the United Kingdom under an arrangement similar to any of those referred to in the provisions mentioned in the definition of “being looked after by a local authority” in regulation 2.	Fees 19.3.1, 19.3.2
20A.4	Fees for services in connection with citizenship ceremonies and citizenship oaths where no registration fee was payable
20A.4.1	No fee is payable for the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony) in relation to the registration of a person as a British citizen under the 1981 Act or the 1997 Act where no fee was payable in respect of the related application for registration of that person because— (a) the exception in 20A.3.1 applied, or (b) the fee in respect of that application was waived under paragraph 8.	Fee 20.4.1
20A.4.2	No fee is payable for the administration, otherwise than at a citizenship ceremony or by a Justice of the Peace, of a citizenship oath (or citizenship oath and pledge) in relation to the registration of a person as a British citizen under the 1981 Act or the 1997 Act where no fee was payable in respect of the related application for registration of that person because— (a) the exception in 20A.3.1 applied, or (b) the fee in respect of that application was waived under paragraph 8.	Fee 20.4.2”

(d) after paragraph 7 insert—

“Fees specified in 19.3.1 and 19.3.2: waiver on grounds of unaffordability

8.   The Secretary of State may waive the fee specified in 19.3.1 or 19.3.2 in a case where the Secretary of State considers that the fee is not affordable, taking into account the financial circumstances of the child in respect of whom the application is being made and of any other person who (in the Secretary of State’s opinion) might otherwise reasonably be expected to bear the cost of paying all or part of the fee.”

(5) In Schedule 9 (applications in relation to entry clearance to enter the Isle of Man and premium services) in Table 23 (exceptions) after 23.4.1 insert—

“23.5	Applications for entry clearance under Appendix U: Ukraine Scheme to the Isle of Man immigration rules
23.5.1	No fee is payable in respect of an application for entry clearance under Appendix U: Ukraine Scheme to the Isle of Man immigration rules(4).	Fee 21.4.1”

(6) In Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) in Table 26A (exceptions) after 26A.3.1 insert—

“26A.4	Applications for entry clearance to enter the Bailiwick of Guernsey under Appendix Ukraine Scheme to the Guernsey immigration rules
26A.4.1	No fee is payable in respect of an application for entry clearance to enter the Bailiwick of Guernsey under Appendix Ukraine Scheme to the Guernsey immigration rules(5).	Fee 26.1.1
26A.5	Applications for entry clearance to enter the Bailiwick of Jersey under Appendix Ukraine (J) Scheme to the Jersey immigration rules
26A.5.1	No fee is payable in respect of an application for entry clearance to enter the Bailiwick of Jersey under Appendix Ukraine (J) Scheme to the Jersey immigration rules(6).	Fee 26.1.1”

(1)

S.I. 2018/330; relevant amending instruments are S.I. 2019/475, 2020/294, 2020/966, 2021/269, 2021/1035, 2022/296.

(2)

Appendix Ukraine Scheme was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 29th March 2022 (HC 1220).

(3)

Appendix High Potential Individual was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 15th March 2022 (HC 1118).

(4)

Appendix U: Ukraine Scheme was added to the Isle of Man immigration rules by the Statement of Changes in Immigration Rules made on 29th April 2022 (Statutory Document 2022/0155).

(5)

Appendix Ukraine Scheme was added to the Guernsey immigration rules by Guernsey Statutory Instrument No. 27 of 2022.

(6)

The amended Jersey immigration rules are available via this link: https://www.gov.je/SiteCollectionDocuments/Travel%20and%20transport/ID%20Jersey%20immigration%20rules.pdf. Copies are available from Immigration, Jersey Customs & Immigration Service, Maritime House, Jersey JE1 1JD.