Immigration and Asylum Act 1999

5 Charges. U.K.

(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;

[F1 (c) the fixing of a limited leave stamp or indefinite leave stamp on a passport or other document issued to the applicant where the stamp was previously fixed on another passport or document issued to the applicant.]

(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.

[F2 (5) In this section—

(a) “limited leave stamp” means a stamp, sticker or other attachment which indicates that a person has been granted limited leave to enter or remain in the United Kingdom, and

(b) “indefinite leave stamp” means a stamp, sticker or other attachment which indicates that a person 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.

Textual Amendments

F1 S. 5(1)(c) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 43(2), 48(3); S.I. 2004/2523, art. 2, Sch.

F2 S. 5(5) substituted (1.10.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 43(3), 48(3); S.I. 2004/2523, art. 2, Sch.

Commencement Information

I1 S. 5 in force at 1.4.2003 by S.I. 2003/758, art. 2