The Immigration and Nationality (Fees) Regulations 2015

Citation and commencement

1.  These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2015 and come into force on 6th April 2015.

Interpretation

2.—(1) In these Regulations—

“the 1971 Act” means the Immigration Act 1971(1);

“the 1981 Act” means the British Nationality Act 1981(2);

“the 1999 Act” means the Immigration and Asylum Act 1999(3);

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002(4);

“the 2007 Act” means the UK Borders Act 2007(5);

“the 2014 Act” means the Immigration Act 2014;

“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008(6);

“the 2015 Order” means the Immigration and Nationality (Fees) Order 2015;

“administrative review” has the same meaning as provided in the immigration rules(7);

“approval letter from a designated competent body” means a letter from a designated competent body (within the meaning of the immigration rules) endorsing a proposed application for leave to enter or remain in the United Kingdom as a Tier 1 (Exceptional Talent) Migrant;

“assistance by a local authority” means assistance, accommodation or maintenance provided by a local authority (or in Northern Ireland, an authority, which has the same meaning as provided in Article 2(2) of the Children (Northern Ireland) Order 1995(8)) under—

(a)

section 17, 20 or 23 of the Children Act 1989(9);

(b)

section 22, 25 or 26 of the Children (Scotland) Act 1995(10); or

(c)

Article 18, 21 or 27 of the Children (Northern Ireland) Order 1995;

“biometric immigration document” has the same meaning as provided in section 5 of the 2007 Act;

“certificate of sponsorship” means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a sponsored worker;

“CESC national” means a person who is a national of a state which has ratified the European Social Charter, agreed by the Council of Europe at Turin on 18th October 1961(11);

“Channel Islands” means the Bailiwick of Guernsey and the Bailiwick of Jersey;

“child” means a person under the age of 18;

“claim for asylum” means a claim for asylum within the meaning of section 94(1) of the 1999 Act(12);

“confirmation of acceptance for studies” means an authorisation issued by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a student;

“contractor” means a person with whom the Secretary of State has entered into a contract, by which the person agrees to provide certain services in connection with immigration and nationality to applicants;

“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998(13);

“dependant” in respect of a person means—

(a)

the spouse or civil partner of that person;

(b)

someone who has been living with that person in a relationship akin to a marriage or civil partnership for at least two years; or

(c)

a child of that person;

“EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963(14);

“immigration rules” means rules made under section 3(2) of the 1971 Act;

“indefinite leave” has the same meaning as provided in section 33(1) of the 1971 Act;

“leave to enter the United Kingdom” means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

“leave to remain in the United Kingdom” means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

“limited leave” has the same meaning as provided in section 33(1) of the 1971 Act;

“main applicant” means the person who has made an application or claim in connection with immigration, as distinct from a person applying as the dependant of such a person;

“Points-Based System” means those categories set out in Part 6A of the immigration rules;

“premium service” means optional premium service in connection with immigration or nationality applications offered by the Home Office;

“process used to take a record of a person’s biometric information” means the process, or combination of processes to which a person may be required to submit in order to enable a record to be taken of that person’s biometric information, where the person is required by regulations made under section 41 of the 1981 Act(15), section 126 of the 2002 Act(16) or section 5 of the 2007 Act(17) to provide such information for the purposes of an application or claim in connection with immigration or nationality;

“settlement” means, except in relation to Schedule 9 to these Regulations, being ordinarily resident in the United Kingdom without being subject under the immigration laws to any restriction on the period for which an individual may remain;

“shortage occupation certificate of sponsorship” means a certificate of sponsorship issued in respect of employment in an occupation listed in the Shortage Occupation List set out in Appendix K to the immigration rules;

“sponsor” means a sponsor under Part 6A of the immigration rules;

“sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a sponsor;

“Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”, “Tier 1 (General) Migrant”, “Tier 1 (Graduate Entrepreneur) Migrant”, “Tier 1 (Investor) Migrant”, and “Tier 1 (Post-Study Work) Migrant” have the same meaning as provided in the immigration rules;

“Tier 2 Migrant”, “Tier 2 (General) Migrant”, “Tier 2 (Intra-Company Transfer) Long Term Staff Migrant”, “Tier 2 (Intra-Company Transfer) Short Term Staff Migrant”, “Tier 2 (Intra-Company Transfer) Graduate Trainee Migrant”, “Tier 2 (Intra-Company Transfer) Skills Transfer Migrant”, “Tier 2 (Minister of Religion) Migrant”, and “Tier 2 (Sportsperson) Migrant” have the same meaning as provided in the immigration rules;

“Tier 4 Migrant” has the same meaning as provided in the immigration rules;

“Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant”, have the same meaning as provided in the immigration rules;

“transfer of conditions” means the fixing of a stamp, sticker or other attachment on a passport or other document issued to an applicant which indicates that a person has been granted leave to enter or remain in the United Kingdom;

“travel document” means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the United Kingdom, and is issued by the Home Office to a person who is a refugee, stateless or cannot obtain or use a passport issued by his or her own country;

“User-Pays Application Centre” means an office at which applicants can access certain entry clearance, leave to enter or leave to remain services in connection with immigration or nationality;

“work permit holder” means, except in relation to Schedule 9 to these Regulations, a person holding an extant work permit granted under the work permit provisions formerly contained in the immigration rules(18).

(2) In these Regulations, “entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act(19), save that in regulation 11 and Schedule 9, it has the same meaning as provided in section 33(1) of the 1971 Act as extended to each of the Channel Islands(20).

(3) For the purposes of these Regulations a claim for asylum is to be taken to be determined on—

(a) the day on which the Secretary of State notifies the claimant of the decision on the claim;

(b) if the claimant has appealed against the Secretary of State’s decision, the day on which the appeal is disposed of; or

(c) if the claimant has brought an appeal from within the United Kingdom under section 82 of the Nationality, Immigration and Asylum Act 2002(21) or section 2 of the Special Immigration Appeals Commission Act 1997(22) the day on which the appeal is disposed of.

Fees for applications, processes and services in connection with immigration and nationality

3.  Schedule 1 (applications for entry clearance to enter and leave to enter the United Kingdom) has effect to specify—

(a) the amount of the fees for—

(i) specified applications for entry clearance to enter the United Kingdom and variation of such leave for the purposes of article 4 of the 2015 Order(23);

(ii) specified applications for entry clearance to enter and leave to enter the United Kingdom and variation of such leave for the purposes of article 5 of the 2015 Order;

(iii) specified applications for a transit visa and an approval letter from a designated competent body for the purposes of article 6 of the 2015 Order; and

(b) exceptions to the requirement to pay the fees referred to in sub-paragraph (a)(i) and (ii), and the circumstances in which such fees may be waived or reduced.

4.  Schedule 2 (applications for leave to remain in the United Kingdom) has effect to specify—

(a) the amount of the fees for—

(i) specified applications for leave to remain in the United Kingdom for the purposes of articles 4 and 5 of the 2015 Order;

(ii) an application for an approval letter from a designated competent body for the purposes of article 6 of the 2015 Order; and

(b) exceptions to the requirement to pay the fees referred to in sub-paragraph (a)(i) and (ii), and circumstances in which such fees may be reduced.

5.  Schedule 3 (documents and administration) has effect to specify—

(a) the amount of the fees for specified applications and documents for the purposes of article 6 of the 2015 Order; and

(b) exceptions to the requirement to pay the fees referred to in sub-paragraph (a) and the circumstances in which such fees may be waived or reduced.

6.  Schedule 4 (sponsorship) has effect to specify the amount of the fees for specified applications, services and premium customer services in relation to sponsorship for the purposes of article 7 of the 2015 Order.

7.  Schedule 5 (consular functions) has effect to specify—

(a) the amount of fees for specified consular functions for the purposes of article 8 of the 2015 Order; and

(b) circumstances in which such fees may be waived or reduced.

8.  Schedule 6 (premium services (in the United Kingdom)) has effect to specify—

(a) the amount of the fees for specified premium services offered in the United Kingdom for the purposes of article 9 of the 2015 Order; and

(b) circumstances in which such fees may be waived or reduced.

9.  Schedule 7 (premium services (outside the United Kingdom)) has effect to specify—

(a) the amount of the fees for specified premium services offered outside the United Kingdom for the purposes of article 9 of the 2015 Order; and

(b) circumstances in which such fees may be waived or reduced.

10.  Schedule 8 (nationality) has effect to specify—

(a) the amount of the fees for—

(i) specified applications, processes and services in connection with nationality for the purposes of article 10 of the 2015 Order;

(ii) specified applications for certain documents, a review of an application for a certificate of registration or naturalisation, or the process of taking a record of an applicant’s biometric information for the purposes of article 6 of the 2015 Order; and

(b) circumstances in which the fee for arrangement of a citizenship ceremony must be refunded.

11.  Schedule 9 (entry clearance to enter the Channel Islands) has effect to specify—

(a) the amount of the fees for specified applications for entry clearance to enter either of the Channel Islands for the purposes of articles 4 and 5 of the 2015 Order; and

(b) circumstances in which such fees may be waived.

12.  Schedule 10 (miscellaneous fees) has effect to specify—

(a) the amount of the fees for—

(i) the administration of the Life in the UK test, for the purpose of—

(aa) 3.2.1 in the table in article 6 of the 2015 Order; and

(bb) 7.5 and 7.6 in the table in article 10 of the 2015 Order;

(ii) an administrative review of a decision for the purpose of article 6; and

(b) exceptions to the requirement to pay the fee referred to in (a)(ii) and the circumstances in which such a fee may be waived or reduced.

Rate of Exchange

13.  The rate of exchange for calculating the equivalents of fees set out in these Regulations but paid in a foreign currency must be based upon the rate of exchange which is generally prevailing on the date, and at the place of payment, but which may be adjusted by the Secretary of State (or a representative of the Secretary of State) in such a manner and to such an extent as that person considers expedient in the interests of administrative efficiency.

Consequences of failing to pay the specified fee

14.  Where these Regulations specify a fee which must accompany an application for the purposes of the 2015 Order, the application is not validly made unless it is accompanied by that fee.

Payments for in person applications

15.—(1) Where—

(a) an application is made in person; and

(b) the applicant pays the fee in relation to such an application prior to the date that the application is made;

the fee payable is that in relation to the relevant application on the date of payment.

(2) In this regulation, the date of payment means the date on which the payment is made by the applicant, unless it is made by post, in which case it means the date that the payment is posted.

James Brokenshire

Minister of State

Home Office

18th March 2015

We consent

Mark Lancaster

Gavin Barwell

Two of the Lords Commissioners of Her Majesty’s Treasury

17th March 2015