The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2020

Amendments to the Immigration and Nationality (Fees) Regulations 2018

4.—(1) Schedule 2 (applications for leave to remain in the United Kingdom) is amended as follows.

(2) In paragraph 2 after sub-paragraph (5) insert—

“(5A) Paragraph 3A provides for the reduction in specified circumstances of fees for applications for limited leave to remain in the United Kingdom as a Tier 2 (General) Migrant or as the dependant of a Tier 2 (General) Migrant.”

(3) In paragraph 3 after “and subject to the exceptions and waivers set out in Table 9” insert “and to paragraph 3A”.

(4) After paragraph 3 insert—

“Reduction of fees for Health and Care Visa applications and related applications by dependants

3A.— (1) In this paragraph—

a “Health and Care Visa application” means an application for limited leave to remain in the United Kingdom as a Tier 2 (General) Migrant 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 Part A of the Tier 2 Policy Guidance;

a “relevant dependant’s application” means an application for limited leave to remain in the United Kingdom as the dependant of a Tier 2 (General) Migrant (whether or not the application is made at the same time as that of the main applicant) 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 Part A of the Tier 2 Policy Guidance, or

(b)

the applicant has a sponsor’s letter or email referred to in paragraph A9 of the Tier 2 Policy Guidance in respect of the application.

(2) The references in sub-paragraph (1) to “the Tier 2 Policy Guidance” are to the document entitled “Tier 2 of the Points Based System – Policy Guidance” published by the Home Office.

(3) The fee payable, in respect of an application for limited leave to remain in the United Kingdom as a Tier 2 (General) Migrant or as the dependant of a Tier 2 (General) Migrant, under 6.2.7, 6.2.8, 6.2.9 or 6.2.10 of Table 6 (as applied, in the case of an application by a dependant, by paragraph 3) is to be reduced in the case of a Health and Care Visa application or a relevant dependant’s application—

(a) by £472, where the fee is specified by 6.2.7 of that Table;

(b) by £944, where the fee is specified by 6.2.8 of that Table;

(c) by 50%, where the fee is specified by 6.2.9 or 6.2.10 of that Table.”

(5) In paragraph 4 at the end insert—

“(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.”