The Immigration and Nationality (Fees) Regulations 2016

Regulation 4

SCHEDULE 2 APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Interpretation

1.  In this Schedule—

“Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—

(a)

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

(b)

a person who has been granted humanitarian protection under the immigration rules;

(c)

a person claiming that, due to an ongoing medical condition, removal from the United Kingdom would be incompatible with Article 3 of the European Convention on Human Rights;

(d)

a person who is a dependant of a refugee or person granted humanitarian protection under the immigration rules and is applying for leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

(e)

a child who was born in the United Kingdom to a person referred to in paragraphs (a) or (b);

“a competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings(1);

“positive conclusive grounds decision” means a positive decision made by a competent authority that an individual is either a victim of human trafficking in the United Kingdom or a victim of slavery, servitude or forced or compulsory labour in England and Wales;

“specified human rights application” means an application for limited leave to remain in the United Kingdom under—

(a)

paragraph 276ADE(1) of the immigration rules;

(b)

section R-LTRP.1.1. (a), (b) and (d) of Appendix FM to the immigration rules;

(c)

section R-LTRPT.1.1. (a), (b) and (d) of Appendix FM to the immigration rules; or

(d)

any other application other than an Article 3 or Refugee Convention application in which the applicant relies solely or primarily on a claim that to remove the applicant from the United Kingdom or to require the applicant to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998(2) (public authority not to act contrary to Convention rights);

“Trafficking Convention reason” means a reason in line with the United Kingdom’s obligations under the Council of Europe Convention on Action against Trafficking in Human Beings, namely that their stay in the United Kingdom is necessary(3):

(a)

owing to the individual’s personal situation;

(b)

because the individual is co-operating with a police investigation or criminal proceedings; or

(c)

in order to pursue a claim for compensation against their traffickers or modern slavery facilitators.

Fees for, and in connection with, applications for leave to remain in the United Kingdom

2.—(1) Table 6 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom and the amount of the fee for an approval letter from a designated competent body.

(2) Table 7 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom as the dependant of a main applicant.

(3) Table 8 specifies the amount of the fees for the specified applications for indefinite leave to remain in the United Kingdom.

(4) Table 9 provides for exceptions to the requirement to pay the fees specified in Tables 6, 7 and 8.

(5) Paragraph 3 makes provision for the amount of the fees to be paid in respect of an application for leave to remain in the United Kingdom by a dependant of a main applicant, in cases where Table 7 does not apply.

(6) The fees specified in Table 6 are subject to paragraph 4 (Applications by CESC nationals), and the fees specified in Tables 6, 7 and 8 are subject to paragraph 5 (Multiple applications for leave to remain in the United Kingdom).

Table 6 (Fees for applications for limited leave to remain in the United Kingdom and connected applications)

Number of fee	Type of application	Amount of fee
6.1	General fee for applications for limited leave to remain in the United Kingdom
6.1.1	Application for limited leave to remain where the fee is not specified elsewhere in these Regulations.	£811
6.2	Fees for and in connection with applications for limited leave to remain in the United Kingdom under the Points-Based System
6.2.1	Application to the Home Office for an approval letter from a designated competent body in respect of a proposed application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant.	£287
6.2.2	Application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant where fee 6.2.1 applies.	£287
6.2.3	Application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant where fee 6.2.1 does not apply.	£574
6.2.4	Application for limited leave to remain as a Tier 1 (Entrepreneur) Migrant.	£1,204
6.2.5	Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant.	£465
6.2.6	Application for limited leave to remain as a Tier 1 (Investor) Migrant.	£1,530
6.2.7	Application for limited leave to remain as a Tier 2 (General) Migrant, a Tier 2 (Intra-Company Transfer) Long Term Staff Migrant, a Tier 2 (Sportsperson) Migrant or a Tier 2 (Minister of Religion) Migrant where a certificate of sponsorship has been issued for a period of three years or less, and where fee 6.2.9 does not apply.	£664
6.2.8	Application for limited leave to remain as a Tier 2 (General) Migrant or Tier 2 (Intra-Company Transfer) Long Term Staff Migrant where a certificate of sponsorship has been issued for a period of more than three years, and where fee 6.2.10 does not apply.	£1,328
6.2.9	Application for limited leave to remain as a Tier 2 (General) Migrant where a shortage occupation certificate of sponsorship has been issued for a period of three years or less.	£437
6.2.10	Application for limited leave to remain as a Tier 2 (General) Migrant where a shortage occupation certificate of sponsorship has been issued for a period of more than three years.	£873
6.2.11	Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Short Term Staff Migrant, a Tier 2 (Intra-Company Transfer) Graduate Trainee Migrant or a Tier 2 (Intra-Company Transfer) Skills Transfer Migrant.	£454
6.2.12	Application for limited leave to remain as a Tier 4 Migrant.	£448
6.2.13	Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant.	£230
6.3	Fees for other applications for limited leave to remain in the United Kingdom
6.3.1	Application for limited leave to remain as a representative of an overseas business under Part 5 of the immigration rules.	£664
6.3.2	Application for limited leave to remain as a retired person of independent means under Part 7 of the immigration rules.	£1,530

Table 7 (Fees for specified applications for limited leave to remain in the United Kingdom as a dependant)

Number of fee	Type of application for leave to remain	Amount of fee
7.1	Specified fees for applications for leave to remain in the United Kingdom as the dependant of a main applicant
7.1.1	Application for limited leave to remain as the dependant of a Tier 1 (Exceptional Talent) Migrant.	£574
7.1.2	Application for limited leave to remain as the dependant of a Tier 1 (General) Migrant.	£1,771

Table 8 (Fees for applications for indefinite leave to remain in the United Kingdom)

Number of fee	Type of application	Amount of fee
8.1	General fee for applications for indefinite leave to remain in the United Kingdom
8.1.1	Application for indefinite leave to remain.	£1,875

Table 9 (Exceptions in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)

Number and description of the exception		Fees to which exception applies
9.1	Article 3 or Refugee Convention applications
	No fee is payable in respect of an Article 3 or Refugee Convention application.	Fees 6.1.1, 8.1.1
9.2	Applications for leave to remain under the Destitution Domestic Violence concession
	No fee is payable in respect of an application made under the Destitution Domestic Violence concession(4) operated outside the immigration rules by the Home Office.		Fee 6.1.1
9.3	Applications for leave to remain as a victim of domestic violence under paragraph 289A, Appendix FM or Appendix Armed Forces
	No fee is payable in respect of an application as a victim of domestic violence under paragraph 289A of, or Appendix FM or Appendix Armed Forces to, the immigration rules where, at the time of making the application, the applicant appears to the Secretary of State to be destitute(5).		Fee 8.1.1
9.4	Specified human rights applications where to require payment of the fee would be incompatible with the applicant’s Convention rights
	No fee is payable in respect of a specified human rights application where to require payment of the fee would be incompatible with the applicant’s Convention rights.		Fee 6.1.1
9.5	Short term variation of leave to remain
	No fee is payable in respect of an application made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to remain in the United Kingdom for a period of up to 6 months.		Fees 6.2.12, 6.2.13, 6.3.1, 6.3.2
9.6	Children being provided with assistance by a local authority
	No fee is payable in respect of an application made in respect of a person who, at the time of making the application, is a child and is being provided with assistance by a local authority.		Fees 6.1.1, 6.2.12, 6.2.13 8.1.1
9.7	Applications under the EC Association Agreement with Turkey
	No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.		All fees in Tables 6, 7 and 8
9.8	Applications from stateless persons
	No fee is payable in respect of an application for the initial period of limited leave to remain as a stateless person, or as the family member of a stateless person, under Part 14 of the immigration rules.		Fee 6.1.1
9.9	Applications for variation of limited leave to remain in the United Kingdom to allow recourse to public funds in certain circumstances
	No fee is payable in respect of an application for variation of the conditions attached to a grant of limited leave to remain in the United Kingdom, in order to be permitted access to public funds, by a person who has been granted such leave— (a) under— (i) paragraph 276BE(1) or (2) (as amended by paragraph 276A0(1) and (2)) of the immigration rules; (ii) paragraph 276DG of the immigration rules; (iii) paragraph D-LTRP.1.2. (as amended by paragraph GEN.2.3.(1). and (2).) of Appendix FM to the immigration rules; (iv) paragraph D-LTRPT.1.2. (as amended by paragraph GEN.2.3.(1). and (2).) of Appendix FM to the immigration rules; (v) paragraph D-ILRP.1.2. and D-ILRP.1.3. of Appendix FM to the immigration rules; or (vi) paragraph D-ILRPT.1.1. and D.ILRPT.1.2. of Appendix FM to the immigration rules; (b) outside the immigration rules in accordance with paragraphs 276A01(1) and (2), and 276A02 of part 7 of the immigration rules, or paragraph GEN.1.10. and GEN.1.11. of Appendix FM to the immigration rules.		Fee 6.1.1
9.10	Applications for discretionary leave by an individual with a positive conclusive grounds decision
9.10.1	No fee is payable in respect of an application or request for their first grant of limited discretionary leave for a Trafficking Convention reason, where the individual has received a positive conclusive grounds decision.		Fee 6.1.1
9.10.2	No fee is payable in respect of an application or request for a further grant of limited discretionary leave for a Trafficking Convention reason, where the individual has received a positive conclusive grounds decision and has not yet accrued thirty months limited discretionary leave for a Trafficking Convention reason.		Fee 6.1.1
9.10.3	No fee is payable in respect of an application or request for a further grant of limited discretionary leave for a Trafficking Convention reason, where an individual has received a positive conclusive grounds decision, where (a) 9.10.2 does not apply because they have accrued thirty months or more limited discretionary leave for a Trafficking Convention reason; and (b) at the time of making the application or request the applicant appears to the Secretary of State to be destitute (6).		Fee 6.1.1
9.10.4	No fee is payable by a dependant of a person granted an exception under 9.10.1 to 9.10.3.		Fee 6.1.1
9.11	Applications for leave as a domestic worker who is the victim of slavery or human trafficking
9.11.1	No fee is payable in respect of an application for leave to remain made under paragraph 159I of the immigration rules as a domestic worker who is the victim of slavery or human trafficking.		Fee 6.1.1

Applications by dependants

3.  Except in respect of applications for which a fee is specified in Table 7, and subject to the exceptions set out in Table 9, the fee for an application for leave to remain made by the dependant of a main applicant is the fee specified in Table 6 or 8 (as the case may be) in respect of the main applicant’s application.

Applications made by CESC Nationals

4.—(1) Where an application for leave to remain in the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 6 is to be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for leave to remain in the United Kingdom as—

(a) a Tier 1 (Entrepreneur) Migrant;

(b) a Tier 1 (Exceptional Talent) Migrant;

(c) a Tier 1 (Graduate Entrepreneur) Migrant;

(d) a Tier 2 Migrant; or

(e) a Tier 5 (Temporary Worker) Migrant.

Multiple applications for leave to remain in the United Kingdom

5.—(1) Where two or more applications for leave to remain in the United Kingdom in respect of the same person—

(a) are made at the same time; or

(b) are being considered at the same time by the Secretary of State,

a fee is payable only in respect of one of those applications.

(2) The fee payable under sub-paragraph (1) must—

(a) be the higher, or the highest, of the fees specified in respect of those applications; or

(b) in any case where the fee specified for each application is the same, the fee for a single application.

(1)

CETS No. 197.

(2)

1998 c. 42.

(3)

Further information is available in the Competent Authority guidance on www.gov.uk.

(4)

The Destitution Domestic Violence Concession enables destitute applicants who intend to apply for indefinite leave to remain in the United Kingdom as a victim of domestic violence to be provided with access to public funds pending resolution of their application. Further information is available on www.gov.uk.

(5)

More information on the exercise of this destitution policy is available on www.gov.uk.

(6)

More information on the exercise of this destitution policy is available on www.gov.uk.