The Immigration Employment Document (Fees) Regulations 2003

Statutory Instruments

2003 No. 541

IMMIGRATION

The Immigration Employment Document (Fees) Regulations 2003

Made

6th March 2003

Laid before Parliament

11th March 2003

Coming into force

1st April 2003

In exercise of the powers conferred upon him by section 122 of the Nationality, Immigration and Asylum Act 2002(1), the Secretary of State hereby makes the following Regulations:

Citation, commencement and interpretation

1.  These Regulations may be cited as the Immigration Employment Document (Fees) Regulations 2003.

2.  These Regulations shall come into force on 1st April 2003.

3.  In these Regulations:

“application” means an application for an immigration employment document;

“excepted country” means a country listed in the Schedule to these Regulations;

“Highly Skilled Migrant Programme” means a programme operated by the Secretary of State for highly skilled migrants under the immigration rules; and

“school teacher” has the meaning given by section 5 of the School Teachers’ Pay and Conditions Act 1991(2).

Payment of a fee

4.  An application shall, subject to regulations 5 and 6, be accompanied by a fee of £95.

Exceptions

5.  An application need not be accompanied by a fee if it is made in respect of:

(a) a citizen or national of an excepted country;

(b) a person seeking to enter, or remain, in the United Kingdom under the Highly Skilled Migrant Programme; or

(c) a person seeking to enter, or remain, in the United Kingdom as a seasonal agricultural worker under the immigration rules.

Provision in respect of school teachers in England

6.  An application that is not excepted by regulation 5(a) and which is made in respect of a person seeking to enter, or remain, in the United Kingdom as a school teacher employed in England need not be accompanied by a fee but shall be subject to the special payment arrangement referred to in regulation 7.

Special payment arrangement

7.  Payment of a fee in respect of an application referred to in regulation 6 shall be made in accordance with an arrangement entered into for this purpose between the Secretary of State for the Home Department and the Secretary of State for the Department for Education and Skills.

Beverley Hughes

Minister of State

Home Office

6th March 2003

Regulation 5(a)

SCHEDULE Excepted countries

• Czech Republic

• Republic of Bulgaria

• Republic of Cyprus

• Republic of Estonia

• Republic of Hungary

• Republic of Latvia

• Republic of Lithuania

• Republic of Malta

• Republic of Moldova

• Republic of Poland

• Romania

• Republic of Slovenia

• Republic of Turkey

• Slovak Republic

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for the fee which is to accompany an application for an immigration employment document within the meaning of section 122 of the Nationality, Immigration and Asylum Act 2002, subject to the exceptions described below. That fee is £95 (regulation 4).

No fee need accompany an application if it is made in respect of a citizen or national of an excepted country, as set out in the Schedule, in respect of a person seeking to enter, or remain, in the United Kingdom as part of the Highly Skilled Migrant Programme under the immigration rules or in respect of a person seeking to enter, or remain, in the United Kingdom as a seasonal agricultural worker under the immigration rules (regulation 5).

Additionally, no fee need accompany an application made in respect of a person seeking to enter, or remain, in the United Kingdom as a school teacher employed in England, although this exception does not have the effect that no fee shall be payable in respect of such an application, unless the application in question is made in respect of a citizen or national of an excepted country (regulation 6). Instead, where an application of this type is made, payment is to be made under a special payment arrangement entered into for that purpose between the Secretary of State for the Home Department and the Secretary of State for the Department for Education and Skills (regulations 6 and 7).

A Regulatory Impact Assessment in respect of these Regulations can be obtained from Work Permits (UK) by e-mail ([e-mail]), by telephone [phone]), or by visiting the Work Permits (UK) website (www.workpermits.gov.uk).

(1)

2002 c. 41.

(2)

1991 c. 49.