The Immigration and Nationality (Fees) (Amendment) Order 2024

Amendment of 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 (4A) insert—

“(4B) Article 5C extends to the Isle of Man so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter the Isle of Man; and this article and articles 2 and 3 also extend to the Isle of Man in relation to article 5C as it so extends.”;

(b) after paragraph (5B), insert—

“(5C) Article 5C extends to the Bailiwick of Guernsey so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Guernsey in relation to article 5C as it so extends.

(5D) Article 5C extends to the Bailiwick of Jersey so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Jersey in relation to article 5C as it so extends.”.

(3) In article 2—

(a) after the definition of “approval letter” insert—

““assessment of overseas qualification” means an assessment, by a qualifications assessor, of an overseas qualification, to determine whether that qualification—

(a)

meets or exceeds the recognised standard of a Bachelor’s degree, Master’s degree or PhD in the United Kingdom;

(b)

was taught or researched in English of the appropriate Common European Framework of Reference for Languages level, or above that level; or

(c)

meets the conditions in both (a) and (b);”;

(b) after the definition of “limited leave” insert—

““overseas qualification” means a qualification awarded by a body located outside the United Kingdom;”;

(c) after the definition of “premium services” insert—

““qualifications assessor” means a body approved by the Secretary of State to carry out assessments of overseas qualifications;”.

(4) In article 3, after paragraph (5) insert—

“(6) For the purposes of section 69(4) of the Immigration Act 2014, fees paid to a qualifications assessor for the assessment of overseas qualifications may be retained by the qualifications assessor where the terms of the arrangement between the Secretary of State and the qualifications assessor so require.”.

(5) After article 5B, insert—

“Assessment of overseas qualifications: Bailiwick of Guernsey, Bailiwick of Jersey, Isle of Man

5C.— (1) A fee is to be charged for the assessment of overseas qualifications.

(2) The maximum amount of the fee is £400.”.

(6) In article 6, in Table 3, after the row beginning with 3.1.9 insert—

“3.1.12

Assessment of overseas qualification

Fixed amount

£400”.

(1)

S.I. 2016/177; relevant amending instruments are S.I. 2017/440, 2018/329, 2021/768, and 2023/977.