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Statutory Instruments

2016 No. 177

Immigration

Nationality

The Immigration and Nationality (Fees) Order 2016

Made

11th February 2016

Coming into force in accordance with article 1

The Secretary of State makes the following Order with the consent of the Treasury M1, in exercise of the powers conferred by sections 68(1) to (6) and (12), 69(2) and 74(8) of the Immigration Act 2014 M2.

In accordance with section 74(2)(j) of that Act, a draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Marginal Citations

M1In pursuance of section 69(1) of the Immigration Act 2014 (c. 22).

M22014 c. 22. See definition of “specified” in section 68(12) of that Act. Sections 68 and 69 of that Act were extended with modifications to the Isle of Man, for the purposes of functions exercised outside the Isle of Man only, by articles 22 and 23 of the Immigration (Isle of Man) Order 2008 S.I. 2008/680; as amended by S.I. 2015/1765.

Citation, commencement, extent and interpretationU.K.

1.—(1)  This Order may be cited as the Immigration and Nationality (Fees) Order 2016.

(2)  It comes into force on the day after the day on which it is made.

(3)  This Order extends to England and Wales, Scotland and Northern Ireland.

[F1(4) Articles 1 to 5A extend to the Isle of Man for the purpose of issuing entry clearance to enter the Isle of Man, and for the purpose of any function incidental to the issue of such entry clearance.]

[F2(4A) Article 5B extends to the Isle of Man so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to the Isle of Man; and this article and articles 2 and 3 also extend to the Isle of Man in relation to article 5B as it so extends.]

[F3(5) Articles 1 to 5 extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only [F4(subject to paragraphs (5A) and (5B))] for the purpose of granting entry clearance to enter the bailiwick concerned.]

[F5(5A) Article 5B extends to the Bailiwick of Guernsey so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Guernsey in relation to article 5B as it so extends.

(5B) Article 5B extends to the Bailiwick of Jersey so far as it relates to the charging of a fee for attending to an application for authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Jersey in relation to article 5B as it so extends.]

[F6(6) Article 9A extends to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man but only where the services described in that article are provided in relation to the consideration of an application or potential application for entry clearance to enter the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man respectively.]

2.   In this Order—

the 1971 Act” means the Immigration Act 1971 M3;

the 1981 Act” means the British Nationality Act 1981 M4;

the 1997 Act” means the British Nationality (Hong Kong) Act 1997 M5;

the 1986 Order” means the Hong Kong (British Nationality) Order 1986 M6;

the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008 M7;

approval letter” means a letter signifying approval to an application or request, from a body or a panel of individuals designated by the Secretary of State as competent to issue such letters in respect of a person making or intending to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom;

basic service” has the same meaning as provided in regulation 3 of the Immigration Control (Charges) (Basic Service) Regulations 2003 M8;

biometric immigration document” has the same meaning as provided in section 5 of the UK Borders Act 2007 M9;

F7...

British citizen” means a person who has that status in accordance with the provisions of the 1981 Act, the 1997 Act or the British Overseas Territories Act 2002 M10;

British National (Overseas)” means a person who has that status in accordance with the provisions of the 1986 Order;

British overseas citizen” means a person who has that status in accordance with the provisions of the 1981 Act or the 1986 Order;

British overseas territories citizen” means a person who has that status in accordance with the provisions of the 1981 Act;

British protected person” means a person who has that status in accordance with the provisions of the British Protectorates, Protected States and Protected Persons Order 1982 M11;

British subject” means a person who has that status in accordance with the provisions of the 1981 Act;

certificate of registration or naturalisation” means a certificate of registration or naturalisation issued under the 1981 Act;

[F8“certificate of sponsorship”—

(a)

in respect of the United Kingdom 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;

(b)

in respect of the Isle of Man means an authorisation, allocated by or on behalf of the Lieutenant-Governor of the Isle of Man to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance to enter the Isle of Man as a sponsored worker;]

confirmation of acceptance for studies” 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 student;

consular function” means any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968 M12 or functions in the United Kingdom which correspond with those functions;

consular premises” has the same meaning as provided in Article 1(1)(j) of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968;

[F9contact point meeting” means, in relation to an applicant under Appendix Innovator Founder to the immigration rules, a meeting between the applicant and an endorsing body to assess progress against the applicant’s business plan]

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 or nationality;

[F10endorsing body” means an organisation which is approved by the Secretary of State to endorse an individual or business in connection with an application under the immigration rules]

F11...

Electronic Visa Waiver” means a document authorising a person [F12to travel to the United Kingdom for the purpose of entry where that person, in the absence of such a document, would require entry clearance to undertake that travel] [F13but does not include an ETA within the meaning of section 11C of the 1971 Act];

“entry clearance” –

(a)

subject to [F14sub-paragraphs (b) to (d)], has the same meaning as provided in section 33(1) of the 1971 Act M13;

(b)

in relation to the Isle of Man has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Isle of Man M14;

(c)

[F15in relation to the Bailiwick of Guernsey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Guernsey;

(d)

in relation to the Bailiwick of Jersey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Jersey];

F16...

the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act;

immigration decision letter” means a letter or other document which records a decision in connection with immigration or nationality, but does not provide evidence of leave to enter or leave to remain in the United Kingdom;

immigration employment document” means a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom;

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

“leave to enter the United Kingdom” and “leave to remain in the United Kingdom” mean respectively leave to enter the United Kingdom and leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and “leave to enter or leave to remain in the United Kingdom” is to be construed accordingly;

“limited leave” and “indefinite leave” respectively have the same meanings as provided in section 33(1) of the 1971 Act;

premium services” means optional premium services in connection with immigration or nationality F17...;

registered traveller service” means the discretionary service offered by the Home Office enabling the expedited entry of persons registered on the scheme into the United Kingdom, or the transit of such persons through the United Kingdom;

right of abode” has the same meaning as provided in section 2 of the 1971 Act M15;

[F18“sponsor”—

(a)

in respect of the United Kingdom means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;

(b)

in respect of the Isle of Man means a person licensed by or on behalf of the Lieutenant-Governor of the Isle of Man to issue certificates of sponsorship;]

[F19Sponsor a Worker” means the scheme operated by the Secretary of State to give approval to an employer to recruit an individual to a specific work role where that individual is required to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom in order to perform that role;]

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;

[F20“sponsored worker”—

(a)

in respect of the United Kingdom means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship [F21or approval under Sponsor a Worker];

(b)

in respect of the Isle of Man means a person seeking entry clearance to the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the Isle of Man immigration rules to obtain a certificate of sponsorship;]

transfer of conditions” means [F22an addition to a passport,] or other document issued to an applicant, which indicates that a person has been given leave to enter or remain in the United Kingdom;

transit visa” means a document authorising the holder to remain within a port, without passing through immigration control, pending departure from the United Kingdom from that port;

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 persons who are either refugees, or stateless, or who cannot obtain or use a passport issued by their own country;

[F23“unsponsored worker”—

(a)

in respect of the United Kingdom means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is not required by the immigration rules to obtain a certificate of sponsorship [F24or approval under Sponsor a Worker];

(b)

in respect of the Isle of Man means a person seeking entry clearance to enter the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is not required by the Isle of Man immigration rules to obtain a certificate of sponsorship;]

[F25“web-chat facility” means an internet-based facility enabling direct communication in real-time between an advisor and an applicant or their representative].

Textual Amendments

Marginal Citations

M7S.I. 2008/3048, as amended by S.I. 2009/819, S.I. 2012/594 and S.I. 2015/433.

M13The definition of “entry clearance” in section 33(1) was amended by section 39(6) of and paragraph 2 of Schedule 4 to the British Nationality Act 1981 (c. 61) (“the 1981 Act”) and paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).

M14The definition of “entry clearance” in section 33(1) was extended with modifications to the Isle of Man by the Immigration (Isle of Man) Order 2008, S.I. 2008/680; as amended by S.I. 2015/1765; there are other amendments to that Order but none are relevant for the present purposes.

M151971 c. 77; section 2 was amended by section 39(2) of the 1981 Act.

Requirement to pay a fee in respect of the exercise of a function in connection with immigration or nationalityU.K.

3.—(1)  The Secretary of State, or a contractor, or any person appointed by, or acting on behalf of the Secretary of State, must charge the fee specified in fees regulations in respect of the exercise of the functions in connection with immigration or nationality that are specified in this Order.

(2)  The fee specified in such regulations may not exceed the maximum amount specified in this Order in respect of the relevant function.

(3)  The fee specified in such regulations must be calculated in the manner specified in this Order.

(4)  Where no particular manner is specified, the fee must be a fixed amount.

[F26(5) For the purposes of section 69(4) of the Immigration Act 2014, fees paid to an endorsing body for the discharge of functions relating to Appendices Innovator Founder or Scale-up to the immigration rules, may be retained by the endorsing body where the terms of the arrangement between the Secretary of State and the endorsing body so require.]

Applications for leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom [F27, the Bailiwick of Guernsey, the Bailiwick of Jersey] or the Isle of Man as a visitorU.K.

4.—(1)  A fee is to be charged for the consideration of an application for leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom [F28, the Bailiwick of Guernsey, the Bailiwick of Jersey] or the Isle of Man, of a type specified in table 1.

(2)  Table 1 specifies how the fee is to be calculated and the maximum amount or rate that may be charged in respect of each application.

(3)  In this article, an application includes an application for variation of leave to remain in the United Kingdom.

Table 1

NumberType of applicationMethod of calculationMaximum amount/rate
1.1Entry clearance as a visitor for a period of six months or less.Fixed amount[F29£140]
1.2Entry clearance as a visitor for a period of more than six months up to and including twelve months.Fixed amount[F30£250]
1.3Entry clearance as a visitor for a period of more than twelve months.Annual rate[F31£250]
1.4Leave to remain in the United Kingdom as a visitor.Fixed amount[F32£1,200]

Applications for leave to enter or leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom [F33, the Bailiwick of Guernsey, the Bailiwick of Jersey] or the Isle of Man, as a sponsored worker, an unsponsored worker, a student or for any other purpose (excluding visits)U.K.

5.—(1)  A fee is to be charged for the consideration of an application for leave to enter the United Kingdom, leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom [F34, the Bailiwick of Guernsey, the Bailiwick of Jersey] or the Isle of Man, of a type specified in table 2.

(2)  Table 2 specifies the maximum amount that may be charged in respect of each application.

(3)  In this article an application includes an application for variation of leave to enter or leave to remain in the United Kingdom.

Table 2

NumberType of applicationMaximum amount
2.1Entry clearance or limited leave as a sponsored worker, where a certificate of sponsorship [F35or approval under Sponsor a Worker] has been issued.[F36£2,000]
2.2Entry clearance or limited leave as an unsponsored worker.£2,000
2.3Entry clearance or limited leave as a student.[F37£600]
2.4Entry clearance or limited leave where the basis upon which that leave is given may (after one or more subsequent periods of leave on the same basis) lead to a grant of indefinite leave to remain.[F38£3,600]
2.5Entry clearance or limited leave for any purpose (excluding visits) not referred to in the preceding provisions of this table.£2,000
2.6Indefinite leave.[F39£3,600]

[F40Amount payable for an approval letter: Isle of ManU.K.

5A.(1) A fixed amount of no more than £2,000 is to be charged for consideration of an application or request for an approval letter in relation to an application for entry clearance to enter the Isle of Man.

(2) A fixed amount of no more than £550 is to be charged when a copy, replacement or amended version of an approval letter is requested.]

[F41Authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man U.K.

5B.(1) A fee is to be charged for attending to an application for an authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.

(2) The maximum amount of the fee is £15.]

Documents and administrationU.K.

6.—(1)  A fee is to be charged for —

(a) attending to an application or request for a document of a type specified in table 3; and

(b) carrying out the administrative activities, in connection with an application, claim or request, specified in table 3.

(2)  Table 3 specifies how the fee is to be calculated and the maximum amount or rate that may be charged in respect of each document or administrative activity.

Table 3

NumberType of application, claim, request or administrative activityMethod of calculationMaximum amount/rate
3.1Application or request for documents
3.1.1

Biometric immigration document applied for in accordance with–

(a) regulation 19(1)(a) of the 2008 Regulations M16 to replace a biometric immigration document which has been cancelled under–

(i) regulation 17(b) where the applicant is within the United Kingdom,

(ii) regulation 17(c) to (e),

(iii) regulation 17(f) (other than where the document needs to be reissued because some substantive alteration is required to the information recorded in the cancelled document), or

(iv) regulation 17(g) of those Regulations; F42...

[F43(v)regulation 17(j) of those Regulations; F44...]

F44(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fixed amount£75
3.1.2Transfer of conditions [F45applied for from outside the United Kingdom].Fixed amount£550
3.1.3Immigration employment document.Fixed amount£550
3.1.4Approval letter.Fixed amount£2,000
[F463.1.4A An ETA, within the meaning of section 11C of the 1971 Act (electronic travel authorisations)Fixed amount£15]
3.1.5Electronic Visa Waiver.Fixed amount£75
3.1.6Transit visa.Fixed amount£75
3.1.7Travel document.Fixed amount£400
F47. . .F47. . .F47. . .F47. . .
3.1.9 [F48Replacement or copy of any of the documents specified above or any other] letter or document (not including a passport) confirming a person's identity and immigration or nationality status, or setting out any conditions attendant on such status, or confirming that the person is not a British citizen.Fixed amount£550
F49. . .F49. . .F49. . .F49. . .
F50. . .F50. . .F50. . .F50. . .
3.2Administrative activity
3.2.1Administration of any test a person is required to take for the purposes of an application or claim in connection with immigration or nationality.Fixed amount£250
F51. . .F51. . .F51. . .F51. . .
3.2.3The review of a decision in connection with immigration or nationality.Fixed amount[F52£450]
3.2.4Processing of an application or claim which is subsequently rejected as invalid.Fixed amount£80
[F533.2.5 Carrying out a contact point meetingFixed amount£500]

Textual Amendments

Marginal Citations

M16Regulation 19(1)(a) was amended by regulation 8 of S.I. 2009/819 and S.I. 2015/433.

SponsorshipU.K.

7.—(1)  A fee is to be charged for attending to an application or request for a service or process of a type specified in table 4.

(2)  Table 4 also specifies the maximum amount that may be charged in respect of each application, service or process.

Table 4

NumberType of application, service or processMaximum amount
4.1A sponsor licence, or renewal or maintenance of such licence.£2,000
4.2Allocation of a certificate of sponsorship.£300
[F544.2A Sponsorship approval under Sponsor a Worker£300]
4.3Allocation of a confirmation of acceptance for studies.£300
4.4The process of determining, or a plan to determine, a sponsor's status or their suitability to be included on or remain on the register of licensed sponsors maintained by the Secretary of State.£2,000
F55. . .F55. . .F55. . .
4.6Premium services for sponsors.£40,000

Consular functionsU.K.

8.—(1)  Table 5 specifies the requests for consular functions for which a fee is to be charged, how the fee is to be calculated and the maximum amount that may be charged in respect of each function.

(2)  Table 5 applies in relation to the exercise of consular functions whether those functions are exercised by consular officers or by persons who are not consular officers.

Table 5

NumberFunctionMethod of calculationMaximum amount
5.1The exercise of a consular function in connection with immigration or nationality.Hourly rate£175
5.2The acceptance or processing of an application or claim in connection with immigration or nationalityF56....Fixed amount£80
5.3Receiving, preparing or forwarding documentsF56....Fixed amount£175

Textual Amendments

F56Words in art. 8(2) Table omitted (9.3.2018) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2018 (S.I. 2018/329), arts. 1, 2(6)

Premium services[F57: United Kingdom] U.K.

9.   Table 6 specifies [F58in respect of the United Kingdom] the functions relating to the provision of premium services (other than those services provided to sponsors) and which are exercised following an application, claim or request, for which a fee is to be charged, how the fee is to be calculated and the maximum amount that can be charged in respect of each service.

Table 6

NumberFunctionMethod of calculationMaximum amount
6.1Arrangements for expediting the processing (or any element of the processing) of an application or claim in connection with immigration or nationality.Fixed amount[F59£1,200]
6.2The expedited return to the applicant of documents where these have been provided by the applicant in the course of making an application or claim in connection with immigration or nationality.Fixed amount£75
6.3Arrangement of an appointment for the purposes of making an application or claim (or any part of such application or claim) in connection with immigration or nationality in person, either at an office of the Home Office, at consular premises or at any other place.Fixed amount£150
6.4The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration or nationality at a place other than an office of the Home Office, where this is done [F60by the Home Office] in the United Kingdom.Fixed amount£10,500
[F616.4A The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration or nationality at a place other than an office of the Home Office, where this is done by a contractor in the United Kingdom.Hourly rate per person providing the function£2,600]
6.5The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration or nationality at a place other than consular premises, where this is done outside the United Kingdom.Fixed amount£80
6.6The provision of a service in connection with immigration or nationality by a representative of the Secretary of State, or a contractor, or any person appointed by or acting on behalf of the Secretary of State, where this is done outside office hours.Fixed amount£75
6.7The acceptance and checking of documents submitted in support of an application in connection with immigration or nationality.Fixed amount£150
6.8Arrangements for expediting the entry of a passenger into, or transit of a passenger through, the United Kingdom under the registered traveller service.Annual rate£75
6.9Registration of an identity document, including a passport or other such identity document, in relation to an arrangement for expediting the entry of a passenger into, or transit of a passenger through, the United Kingdom.Fixed amount£75
6.10Arrangements for expediting the entry of a passenger into, or transit of a passenger through, the United Kingdom where not specified elsewhere in this table.Fixed amount£20
6.11Arrangements for the provision of immigration officers or facilitiesF62... [F63, other than immigration officers or facilities needed to provide a basic service].Hourly rate per officer or per facility£150
6.12 [F64The provision of advice, information, assistance or training in relation to functions in connection with immigration or nationality where provided by a contractor.] [F64Where provided—
(a) electronically, whether by web-chat facility or email, a fixed amount; [F64(a) £6.25
(b) by telephone or in person, rate per minute per contractor.](b) £2.50]
6.13Operation of a scheme enabling members to access a range of premium services in connection with immigration or nationality.Fixed amount£40,000
[F656.14 The provision of advice, information, assistance or training in relation to functions in connection with immigration or nationality, to the extent not otherwise provided for by any other entry in this table.Rate per minute per person providing the advice, information, assistance or training.£2.50]

[F66Premium services: the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of ManU.K.

9A.  Table 6A specifies, in respect of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man, the functions relating to the provision of premium services which are exercised following an application, claim or request, for which a fee is to be charged, how the fee is to be calculated and the maximum amount that can be charged in respect of each service.

Table 6A

NumberFunctionMethod of calculationMaximum amount
6A.1Arrangements for expediting the processing (or any element of the processing) of an application or claim in connection with immigration.Fixed amount[F67£1,200]
6A.2The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration at a place other than consular premises, where this is done outside the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be).Fixed amount£80
6A.3The provision of advice, information, assistance or training in relation to functions in connection with immigration where provided by a contractor.

Where provided—

(a) electronically, whether by web-chat facility or email, a fixed amount;

(b) by telephone or in person, rate per minute per contractor.

(a) £6.25

(b) £2.50.]

NationalityU.K.

10.—(1)  A fee is to be charged for attending to an application or request for a process or service of a type specified in table 7.

(2)  Table 7 specifies the maximum amount that may be charged in respect of each application or request, for a process or service.

Table 7

NumberType of application, process or serviceMaximum amount
7.1Naturalisation as a British citizen or a British overseas territories citizen.£1,500
7.2Registration as a British citizen, a British subject, a British protected person, a British overseas citizen or a British overseas territories citizen.£1,500
7.3Registration of a declaration of renunciation of British citizenship, British overseas citizenship, British overseas territories citizenship or of the status of British subject, British National (Overseas) or British protected person.[F68£450]
7.4Amendment of a certificate of registration or naturalisation as a British citizen.[F69£400]
7.5Arrangement of a citizenship ceremony.[F70£150]
7.6Administration of a citizenship oath, or oath and pledge, where not administered at a citizenship ceremony.£10
7.7Issuing of a document confirming that a person has the right of abode in the United Kingdom.£550
7.8Supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former nationality Acts, or the 1997 Act.[F71£400]
7.9Supply of a copy, or replacement, or amended version of any of the documents specified above.[F72£400]

Revocation and savingU.K.

11.—(1)  The Immigration and Nationality (Fees) Order 2015 M17 is revoked.

(2)  Notwithstanding this revocation, the Immigration and Nationality (Fees) Order 2015 continues to have effect for the purposes of the Immigration and Nationality (Fees) Regulations 2015 M18 .

Marginal Citations

James Brokenshire

Minister of State

Home Office

We consent

Mel Stride

Charlie Elphicke

Two of the Lords Commissioners of Her Majesty's Treasury

Explanatory Note

(This note is not part of the Order)

This Order, made under sections 68(2) and 69(2) of the Immigration Act 2014 (the “2014 Act” (c. 22)), sets out the functions in connection with immigration or nationality for which the Secretary of State is to charge a fee. In pursuance of section 68(3) and (4) of the 2014 Act, the Order also specifies how the fee in respect of the exercise of each specified function is to be calculated (and in particular, whether it is to be set as a fixed amount, or calculated with reference to an hourly rate or other factor). Finally, in pursuance of section 68(5) of the 2014 Act, the Order specifies the maximum amount which can be charged by the Secretary of State in respect of each relevant function.

The fees themselves will be specified in separate regulations, to be made under section 68(7) of the 2014 Act, following the coming into force of this Order.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.

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Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
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Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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