Regulation 5
SCHEDULE 3U.K.DOCUMENTS AND ADMINISTRATION
This schedule has no associated Explanatory Memorandum
InterpretationU.K.
1. In this Schedule—
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[“Appendix EU biometric residence card” means a document (within the meaning given by section 126(9) of the Nationality, Immigration and Asylum Act 2002) issued to a person granted leave to remain in the United Kingdom under Appendix EU to the immigration rules on which biometric information is recorded under regulation 6A of the Immigration (Provision of Physical Data) Regulations 2006;]
“Assisted Voluntary Return programme” means any arrangements made by the Secretary of State under section 58 of the 2002 Act;
“certificate of travel” means a travel document issued at the discretion of the Secretary of State to a person who has been granted leave to remain in the United Kingdom and is unable to obtain a passport issued by their national authority;
[“contact point meeting” means, in relation to an applicant under Appendix Innovator Founder to the immigration rules, a meeting between the applicant and an endorsing body to assess progress against the applicant’s business plan;]
“convention travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 ;
“Direct Airside Transit Visa” means a transit visa within the meaning of section 41(2) of the 1999 Act, authorising the holder to remain within an airport, without passing through immigration control, pending departure on another flight from the same airport;
“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;
[“endorsing body” means an organisation which is approved by the Secretary of State to endorse an individual or business in connection with an application under the immigration rules;]
“Electronic Visa Waiver” means a document authorising a person to travel to the United Kingdom for the purpose of entry to the United Kingdom where that person, in the absence of such a document, would require entry clearance in order to do so;
[“ETA” has the meaning given by section 11C of the 1971 Act (electronic travel authorisations);]
“stateless person's travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954 ;
“transfer of conditions” means [an addition to a passport,] or other document issued to an applicant which indicates that a person has been granted leave to enter or leave to remain in the United Kingdom.
Textual Amendments
Marginal Citations
Fees for documents [and services] U.K.
2.—(1) Table 10 specifies the amount of the fees for the specified [applications, requests and other requirements] for and in connection with documents [and services] relating to immigration or nationality.
(2) Table 11 provides for exceptions to the requirement to pay fees specified in Table 10 for applications for travel documents [and for processing an application or claim which is later rejected as invalid].
(3) Table 12 specifies the amount of the fees for the specified applications for biometric immigration documents ....
(4) Table 13 provides for exceptions to the requirement to pay fees specified in [Tables 10 and 12].
(5) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the specified fee in 12.2.4.
[(6) Paragraph 4 confers a discretion on the Secretary of State to waive, in specified circumstances, any fee specified in Table 10 or 12.]
[(7) Paragraph 5 confers a discretion on the Secretary of State to waive part of the specified fee in 10.8.1 in specified circumstances.]
Table 10 (Fees for miscellaneous documents and services)
Number of fee | Type of application | Amount of fee |
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10.2 | Fee for applications made overseas for a transfer of conditions |
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10.2.1 | Application for a transfer of conditions where the application is made outside the United Kingdom. | £154 |
10.3 | Fees for applications for travel documents |
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10.3.1 | Application for a certificate of travel where the person in respect of whom the application is made is aged 16 or over when the application is received by the Secretary of State. | £280 |
10.3.2 | Application for a certificate of travel where the person in respect of whom the application is made is under the age of 16 when the application is received by the Secretary of State. | £141 |
10.3.3 | Application for a convention travel document, stateless person's travel document, or document of identity where the person in respect of whom the application is made is aged 16 or over when the application is received by the Secretary of State. | [£82] |
10.3.4 | Application for a convention travel document, stateless person's travel document, or document of identity where the person in respect of whom the application is made is under the age of 16 when the application is received by the Secretary of State. | [£53] |
10.4 | Fee for applications for a Direct Airside Transit Visa |
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10.4.1 | Application for a Direct Airside Transit Visa. | £35 |
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[10.5A | Fees for applications for a replacement ... Appendix EU biometric residence card] |
[10.5A.1 | Application for a replacement of an Appendix EU biometric residence card that has been lost, stolen, damaged or destroyed. | [£19]] |
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10.7 | Electronic Visa Waiver |
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10.7.1 | Request for an Electronic Visa Waiver. | [£30] |
[10.7A | Electronic Travel Authorisation |
10.7A.1 | Request for an ETA where required in accordance with Appendix Electronic Travel Authorisation to the immigration rules | £10] |
10.8 | [Fee] for processing an application or claim which is later rejected as invalid |
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10.8.1 | Processing an application or claim which is rejected as invalid prior to a decision being issued . . . | £25 |
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[10.9 | Fee for contact point meeting | |
10.9.1 | Carrying out a contact point meeting required by Appendix Innovator Founder of the immigration rules. | £500] |
Table 11 (Exceptions to requirement to pay fees for applications for travel documents[, for processing an application or claim later rejected as invalid, and for contact point meetings])
Number and description of the exception | Fees to which exception applies |
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11.1 | Travel documents for bodies being taken outside the United Kingdom for burial or cremation |
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| No fee is payable in respect of an application for a travel document for a body that is being taken outside the United Kingdom for the purposes of burial or cremation. | Fees 10.3.1 to 10.3.4 |
11.2 | Travel documents for reconstruction or resettlement |
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| No fee is payable in respect of an application for a travel document where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purposes of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to resettle there. | Fees 10.3.1 to 10.3.4 |
11.3 | Travel documents for the purposes of the Assisted Voluntary Return programme |
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| No fee is payable in respect of an application for a document of identity for the purposes of the Assisted Voluntary Return programme. | Fees 10.3.1 to 10.3.4 |
11.4 | Travel documents for persons born on or before 2nd September 1929 |
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| No fee is payable in respect of an application for a convention travel document or stateless person's travel document where the applicant was born on or before 2nd September 1929. | Fees 10.3.1 to 10.3.4 |
[11.5 | Processing an application or claim which is later rejected as invalid |
[11.5.1] | No fee is payable in respect of the processing of an application or claim which is rejected as invalid prior to a decision being issued where—
(a) no fee was payable in respect of that application or claim; or
(b) a fee was payable in respect of that application or claim but no fee was paid at the time the application or claim was made.
| [Fee 10.8.1]] |
[11.5.2 | No fee is payable in respect of the processing of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules before 7.00 a.m. on 30th March 2019 which is rejected as invalid at or after that time prior to a decision being issued. | 10.8.1] |
[11.6 | Contact point meetings for certain applicants | |
11.6.1 | No fee is payable in respect of a contact point meeting where—
(a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”),
(b) the contact point meeting is with the endorsing body or legacy endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, and
(c) where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.
| 10.9.1 |
11.6.2 | No fee is payable in respect of a contact point meeting where—
(a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”),
(b) the contact point meeting is not with the endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave,
(c) the letter which endorsed the applicant in connection with the applicant’s current leave (“the original letter”) was issued (pursuant to the immigration rules) by a legacy endorsing body which was at the time when the original letter was issued, approved by the Home Office to endorse individuals in connection with applications under Appendix Innovator to those rules, and
(d) where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.
| 10.9.1 |
11.6.3 | No fee is payable in respect of a contact point meeting where the endorsing body is the Global Entrepreneur Programme operated by the Department for Business and Trade. | 10.9.1] |
Table 12 (Fees for applications for biometric immigration documents ...
Number of fee | Type of application or process | Amount of fee |
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12.1 | Fees for mandatory applications for a replacement biometric immigration document |
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12.1.1 | Application, by an applicant who has limited or indefinite leave to remain in the United Kingdom, for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations to replace a biometric immigration document which has been cancelled under the following provisions of those Regulations—
(a)regulation 17(b) where the applicant is within the United Kingdom;
(b)regulation 17(c) to (e);
(c)regulation 17(f) (other than where the document needs to be reissued because some substantive alteration is required to the information recorded in the cancelled document); or
(d)regulation 17(g) .
| [£19] |
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Table 13 (Exceptions to the requirement to pay fees for applications for biometric immigration documents ...
Number and description of the exception | Fees to which exception applies |
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13.1 | Persons granted asylum or humanitarian protection, stateless persons and their dependants |
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13.1.1 | No fee is payable for an application for a biometric immigration document if the applicant—
(a)has been granted asylum;
(b)has been granted humanitarian protection under the immigration rules;
(c)has been granted leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules;
(d)is a dependant of an individual described in any of (a) to (c); or
(e)has been granted 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.
| [Fee 12.1.1] |
13.2 | Children born in the United Kingdom to persons granted asylum or humanitarian protection |
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13.2.1 | No fee is payable for an application for a biometric immigration document if the applicant is a child who was born in the United Kingdom to a person who has been granted asylum, or has been granted humanitarian protection under the immigration rules. | [Fee 12.1.1] |
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13.8 | Fee for a biometric immigration document where the person has paid an application fee in 10.6 of this Schedule |
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13.8.1 | No fee is payable for a biometric immigration document if that person [made an application for which a fee was specified in 10.6.1, 10.6.3 or 10.6.5 at any time before the date on which those provisions were revoked] , or made an application at any time before 9.00 a.m. on 6th April 2022 for which a fee was specified in 10.6.2 or 10.6.4 when the application was made . | [Fee 12.1.1] |
Textual Amendments
Marginal Citations
[Waiver of fee 12.1.1 U.K.
2A. The Secretary of State may waive the fee specified in 12.1.1 in Table 12.]
Waiver or reduction in respect of the fee specified at 12.2.4U.K.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[Waiver of fee as a remedy for maladministrationU.K.
4. The Secretary of State may waive the payment of any fee specified in Table 10 or 12 in respect of any application, request or process where the Secretary of State considers that—
(a)the person in respect of whom the application or request is made or (as the case may be) in relation to whom the process is to be carried out has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and
(b)the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application, request or process.]
[Partial waiver of the fee specified at 10.8.1 (fee for processing an application or claim rejected as invalid)U.K.
5.—(1) This paragraph applies where—
(a)an application or claim in respect of which a fee (“the application fee”) is specified by these Regulations is rejected as invalid before a decision is issued in respect of that application or claim,
(b)the fee specified in 10.8.1 is payable for the processing of that application or claim, and
(c)the amount of the application fee paid in respect of the rejected application or claim is less than the amount of the fee specified in 10.8.1.
(2) The Secretary of State may waive the payment of the fee specified in 10.8.1 to the extent that the amount of that fee exceeds the amount of the application fee paid in respect of the rejected application or claim.]