Amendment of the Immigration and Nationality (Fees) Order 2016

2.—(1) The Immigration and Nationality (Fees) Order 2016(1) is amended in accordance with the following paragraphs.

(2) In article 1 (citation, commencement and extent)—

(a) for paragraph (4) substitute—

“(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.”;

(b) after paragraph (4), insert—

“(5) Articles 1 to 5 extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only for the purpose of granting entry clearance to enter the bailiwick concerned.”.

(3) In article 2 (interpretation)—

(a) omit the definition of “control port”;

(b) in the definition of “Electronic Visa Waiver”, for the words “to enter the United Kingdom” to the end, substitute “to 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”;

(c) in the definition of “entry clearance”—

(i) in sub-paragraph (a), for the words “sub-paragraph (b)”, substitute “sub-paragraphs (b) to (d)”;

(ii) insert after sub-paragraph (b)—

“(c) in 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(2);

(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(3)”;

(d) after the definition of “unsponsored worker” insert—

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

(4) In article 4 (applications for entry clearance or leave to remain as a visitor)—

(a) in the heading, before the words “or the Isle of Man”, insert “, the Bailiwick of Guernsey, the Bailiwick of Jersey”;

(b) in paragraph (1), before the words “or the Isle of Man”, insert “, the Bailiwick of Guernsey, the Bailiwick of Jersey”.

(5) In article 5 (applications for leave to enter, entry clearance, or leave to remain other than as a visitor)—

(a) in the heading, before the words “or the Isle of Man”, insert “, the Bailiwick of Guernsey, the Bailiwick of Jersey”;

(b) in paragraph (1), before the words “or the Isle of Man”, insert “, the Bailiwick of Guernsey, the Bailiwick of Jersey”.

(6) After article 5, insert—

“Amount payable for an approval letter: Isle of Man

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(4) 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.”.

(7) In Table 6, at the end of article 9 (premium services)—

(a) in the second column of the row beginning “6.11”, omit the words “at a control port”.

(b) substitute the row beginning “6.12” with—

“6.12	The provision of advice, information, assistance or training in relation to functions in connection with immigration or nationality where provided by a contractor.	Where provided—
		(a) electronically, whether by web-chat facility or email, a fixed amount;	(a) £6.25
		(b) by telephone or in person, rate per minute per contractor.	(b) £2.50”;

(c) at the end, add—

“6.14

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”.

(1)

S.I. 2016/177.

(2)

The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Guernsey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, the Immigration (Guernsey) Order 1993 (S.I. 1993/1796).

(3)

The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Jersey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, the Immigration (Jersey) Order 1993 (S.I. 1993/1797).

(4)

The definition of “entry clearance” in section 33(1) of 1971 Act 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