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The Immigration and Nationality (Fees) (Amendment) Regulations 2023

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Amendments to Schedule 1

This section has no associated Explanatory Memorandum

8.—(1) Schedule 1 is amended as follows.

(2) In paragraph 2 (fees for, and in connection with, applications for entry clearance to enter and leave to enter the United Kingdom), in sub-paragraph (1)(b), for “the fee for an application” substitute “the fees for the specified applications”.

(3) In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom)—

(a)in 1.3A, in the second column, for the words from “Appendix Innovator” to the end substitute “Appendix Innovator Founder or Appendix Start-up to the immigration rules, and for connected applications”(1);

(b)after 1.3A, insert—

1.3A.A1Application for an approval letter from an endorsing body, in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules, other than as a dependent partner or dependent child on the Innovator Founder route under that Appendix.£1,000;

(c)in 1.3A.1, for “Innovator” in both places where it occurs, substitute “Innovator Founder”.

(4) In Table 4 (exceptions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom)—

(a)in the heading, after “fees for” insert “and in connection with”;

(b)at the end insert—

4.13Applications for an approval letter from the Global Entrepreneur Programme in respect of a proposed application under Appendix Innovator Founder to the immigration rules
4.13.1No fee is payable in respect of an application for an approval letter from an endorsing body, in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules where the endorsing body from which the letter is sought is the Global Entrepreneur Programme operated by the Department for Business and Trade(2).1.3A.A1
4.14Applications, in specified circumstances, for an approval letter from an endorsing body or a legacy endorsing body in respect of a proposed application under Appendix Innovator Founder to the immigration rules
4.14.1

No fee is payable in respect of an application for an approval letter from an endorsing body or from a legacy endorsing body in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules 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 endorsing body or legacy endorsing body from which the approval letter is sought by the applicant 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.

1.3A.A1
4.14.2

No fee is payable in respect of an application for an approval letter from an endorsing body, in respect of a proposed application for entry clearance under Appendix Innovator Founder to the immigration rules 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 endorsing body from which the approval letter is sought by the applicant did not endorse 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)

the applicant cannot obtain an approval letter from that legacy endorsing body as that body no longer endorses individuals or businesses in connection with applications under Appendix Innovator Founder to the immigration rules.

1.3A.A1.
(1)

Appendix Innovator was removed from the United Kingdom immigration rules (subject to savings) by the Statement of Changes in Immigration Rules laid before Parliament on 9th March 2023 (HC 1160).

(2)

Information about the Global Entrepreneur Programme is published at https://www.great.gov.uk/international/content/investment/how-we-can-help/global-entrepreneur-program/ and is also available from the Home Office, Fees and Income Planning Team, 2 Marsham Street, London, SW1P 4DF.

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