The Immigration and Nationality (Fees) (Amendment No. 3) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Secretary of State specified in the Immigration and Nationality (Fees) Order 2007 (S.I. 2007/807), (as amended by the Immigration and Nationality (Fees) (Amendment) Order 2008 S.I. 2008/106) applications and processes in connection with immigration or nationality in respect of which a fee was to be charged. These Regulations, which amend the Immigration and Nationality (Fees) Regulations 2007 (S.I. 2007/1168) (as amended by the Immigration and Nationality (Fees) (Amendment) Regulations 2008 (S.I. 2008/544) and the Immigration and Nationality (Fees Amendment No.2) Regulations 2008 (S.I. 2008/1695)) (the “2007 Regulations”) specify the fees for an application for:

(a) limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules that is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office (regulation 5A(3)(b), as inserted by regulation 2(3));

(b) entry clearance as a Tier 1 (General) migrant and a Tier 1 (Entrepreneur) migrant under the immigration rules in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter (“CESC national”) (regulation 20B, as substituted by regulation 2(9));

(c) entry clearance as a Tier 2 migrant under the immigration rules in respect of a person who is a CESC national (regulation 20B); and

(d) a sponsorship licence in respect of:

(i) Tier 2 migrants;

(ii) Tier 2 and Tier 4 migrants;

(iii) Tier 2 and Tier 5 migrants; or

(iv) Tier 2, Tier 4 and Tier 5 migrants,

where the application is in respect of a person who holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and 5 migrants and is not a small sponsor (as defined in the 2007 Regulations) (regulation 20AA, as inserted by regulation 2(8)).

These Regulations remove the exemption from the requirement to pay a fee for an application for leave to remain in any category of Tier 1 under the immigration rules that is made in respect of a person who is a CESC national or a national of a state which has ratified the Council of Europe Revised Social Charter (“CERSC national”), and replace it with an exemption for an application for leave to remain as a Tier 1 (General) or as a Tier 1 (Entrepreneur) migrant that is made in respect of a CESC national or a CERSC national (regulation 9, as substituted by regulation 2(4)).

These Regulations remove the exemption from the requirement to pay a fee for an application for entry clearance as a Tier 1 migrant or as a Tier 2 migrant that is made in respect a CESC national or a CERSC national (regulation 20C as amended by regulation 2(10)). The reference in regulation 20C to a Tier 5 (Temporary Worker) migrant is also removed as it is redundant.

The Regulations also remove the fee for an immigration employment document (regulation 2(6) of these Regulations).