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

Amendments to the Immigration and Nationality (Fees) Order 2016

2.—(1) The Immigration and Nationality (Fees) Order 2016(1) is amended as follows.

(2) In article 1—

(a) after paragraph (4), insert—

“(4A) Article 5B extends to the Isle of Man so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to the Isle of Man; and this article and articles 2 and 3 also extend to the Isle of Man in relation to article 5B as it so extends.”;

(b) in paragraph (5), after “but only” insert “(subject to paragraphs (5A) and (5B))”;

(c) after paragraph (5), insert—

“(5A) Article 5B extends to the Bailiwick of Guernsey so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Guernsey in relation to article 5B as it so extends.

(5B) Article 5B extends to the Bailiwick of Jersey so far as it relates to the charging of a fee for attending to an application for authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Jersey in relation to article 5B as it so extends.”.

(3) In article 2—

(a) omit the definition of “biometric information”;

(b) after the definition of “consular premises” insert—

““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”;

(c) after the definition of “contractor” insert—

““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”;

(d) in the definition of “Electronic Visa Waiver”, at the end insert “but does not include an ETA within the meaning of section 11C of the 1971 Act(2)”;

(e) after the definition of “sponsor” insert—

““Sponsor a Worker” means the scheme operated by the Secretary of State to give approval to an employer to recruit an individual to a specific work role where that individual is required to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom in order to perform that role;”;

(f) in paragraph (a) of the definition of “sponsored worker”(3), at the end insert “or approval under Sponsor a Worker”;

(g) in paragraph (a) of the definition of “unsponsored worker”, at the end insert “or approval under Sponsor a Worker”.

(4) In article 3, at the end insert—

“(5) For the purposes of section 69(4) of the Immigration Act 2014, fees paid to an endorsing body for the discharge of functions relating to Appendices Innovator Founder or Scale-up to the immigration rules, may be retained by the endorsing body where the terms of the arrangement between the Secretary of State and the endorsing body so require.”.

(5) In article 4, in table 1 (visitor application fees), in the fourth column (maximum amount/rate), in the row beginning—

(a) 1.1, for “£130”(4) substitute “£140”;

(b) 1.2, for “£200” substitute “£250”;

(c) 1.3, for “£200” substitute “£250”,

(d) 1.4, for “£1,000” substitute “£1,200”.

(6) In article 5, in table 2 (entry clearance, limited leave or indefinite leave application fees)—

(a) in the second column (type of application), in the row beginning 2.1, after “certificate of sponsorship” insert “or approval under Sponsor a Worker”;

(b) in the third column (maximum amount), in the row beginning—

(i) 2.1, for “£1,500” substitute “£2,000”,

(ii) 2.3, for “£490”(5) substitute “£600”,

(iii) 2.4, for “£3,250” substitute “£3,600”,

(iv) 2.6, for “£3,250” substitute “£3,600”.

(7) After article 5A insert—

“Authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man

5B.— (1) A fee is to be charged for attending to an application for an authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.

(2) The maximum amount of the fee is £15.”.

(8) In article 6, in table 3 (applications for documents and administrative activities for which fees are to be charged)—

(a) in the row beginning 3.1.1, in the second column (type of application, claim, request or administrative activity), omit paragraph (b) and the “or” preceding it;

(b) in the row beginning 3.1.2, in the second column, after “Transfer of conditions” insert “applied for from outside the United Kingdom”;

(c) after the row beginning 3.1.4, insert—

“3.1.4A

An ETA, within the meaning of section 11C of the 1971 Act (electronic travel authorisations)(6).

Fixed amount

£15”;

(d) in the row beginning 3.1.9, in the second column, for “Any other” substitute “Replacement or copy of any of the documents specified above or any other”;

(e) omit the row beginning 3.1.10;

(f) omit the row beginning 3.2.2;

(g) in the row beginning 3.2.3 in the fourth column (maximum amount/rate), for “£400” substitute “£450”;

(h) at the end insert—

“3.2.5

Carrying out a contact point meeting

Fixed amount

£500”.

(9) In article 7, in table 4 (applications for services or processes relating to sponsorship for which fees are to be charged) after the row beginning 4.2 insert—

“4.2A

Sponsorship approval under Sponsor a Worker

£300”.

(10) In article 9, in table 6 (fees for premium services: United Kingdom), in the row beginning 6.1, in the fourth column (maximum amount), for “£1,000” substitute “£1,200”.

(11) In article 9A(7), in table 6A (fees for premium services: Guernsey, Jersey and Isle of Man), in the row beginning 6A.1, in the fourth column (maximum amount), for “£1,000” substitute “£1,200”.

(12) In article 10, in table 7 (fees for applications relating to naturalisation, citizenship etc.), in the third column (maximum amount), in the row beginning—

(a) 7.3, for “£400” substitute “£450”;

(b) 7.4, for “£250” substitute “£400”;

(c) 7.5, for “£100” substitute “£150”;

(d) 7.8, for “£250” substitute “£400”

(e) 7.9, for “£250” substitute “£400”.

(1)

S.I. 2016/177; relevant amending instruments are S.I. 2017/440, 2018/329, 2021/768.

(2)

1971 c. 77; section 11C was inserted by section 75(2) of the Nationality and Borders Act 2022 (c. 36).

(3)

The definition of “sponsored worker” was substituted by S.I. 2018/329.

(4)

The sum of £130 was substituted by S.I. 2022/233.

(5)

The sum of £490 was substituted by S.I. 2022/233.

(6)

Section 11C was inserted in the Immigration Act 1971 (c. 77) by section 75(2) of the Nationality and Borders Act 2022 (c. 36).

(7)

Article 9A was inserted by S.I. 2018/329.