Part I Immigration: General

Leave to enter, or remain in, the United Kingdom

5 Charges.

(1)

The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications for—

(a)

leave to remain in the United Kingdom;

(b)

the variation of leave to enter, or remain in, the United Kingdom;

(c)

an indefinite leave stamp to be fixed on the applicant’s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document).

(2)

If a fee prescribed in connection with an application of a particular kind is payable, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.

(3)

But—

(a)

a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is—

(i)

a person making a claim for asylum which claim either has not been determined or has been granted; or

(ii)

a dependant of such a person; and

(b)

the regulations may provide for no fee to be payable in prescribed circumstances.

(4)

If no fee is payable in respect of some part of the application, the Secretary of State must entertain that part of the application.

(5)

Indefinite leave stamp” means a stamp which indicates that the applicant has been granted indefinite leave to enter, or remain in, the United Kingdom.

(6)

Claim for asylum” has the meaning given in subsection (1) of section 94; and subsection (3) of that section applies for the purposes of this section as it applies for the purposes of Part VI.

(7)

Dependant” has such meaning as may be prescribed.