Regulation 4
SCHEDULE 2U.K.APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM
This schedule has no associated Explanatory Memorandum
InterpretationU.K.
1.—(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 under Part 11 of the immigration rules which has either not been determined or has been granted;
(b)
a person who has been granted humanitarian protection under that Part of 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 paragraph (a) or (b);
“claim for asylum” has the meaning given by section 94(1) of the 1999 Act ;
“positive conclusive grounds decision” means a decision made by a designated competent authority of the United Kingdom for the purposes of the Trafficking Convention that the applicant is either—
(a)
a victim of human trafficking; or
(b)
a victim of slavery, servitude or forced or compulsory labour;
“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 (public authority not to act contrary to Convention rights);
“the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings ;
“Trafficking Convention reason” means a reason, in accordance with the United Kingdom's obligations under the Trafficking Convention, that the applicant's stay in the United Kingdom is necessary —
(a)
because of the applicant's personal situation;
(b)
because the applicant is co-operating with a police investigation or criminal proceedings; or
(c)
in order to pursue a claim for compensation against the applicant's trafficker or modern slavery facilitator.
(2) For the purposes of this Schedule a claim for asylum is 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 2002 Act or section 2 of the Special Immigration Appeals Commission Act 1997 , the day on which the appeal is disposed of.
[(2A) In this Schedule, a reference to an application for limited leave to remain under an Appendix to the immigration rules being for limited leave to remain—
(a)as the dependant partner or dependant child [, or the dependent partner or dependent child,] of a particular description of person, or
(b)as a dependant partner or dependant child [or a dependent partner or dependent child], or any other description of dependant, on a particular route under that Appendix,
is to be construed in accordance with the Appendix in question.]
[(3) For the purposes of sub-paragraph (2A) there is to be regarded as being no difference between—
(a)the expressions “dependant partner” and “dependent partner”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other, or
(b)the expressions “dependant child” and “dependent child”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other.]
Textual Amendments
Marginal Citations
Fees for, and in connection with, applications for leave to remain in the United KingdomU.K.
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 [an endorsing 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 fee for an application for indefinite leave to remain in the United Kingdom ... .
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Table 9 provides for exceptions to and waivers of the requirement to pay certain 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 the fees specified in 6.2C.1 or 6.2C.2 of Table 6 or in Table 7 do not apply].
[(5A) Paragraph 3A provides for the reduction in specified circumstances of fees for applications for limited leave to remain in the United Kingdom [under Appendix Skilled Worker to the immigration rules].]
(6) ... The fees specified in Tables 6, 7 [and 8] are subject to paragraph 5 (variation of an application 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 |
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6.1 | General fee for applications for limited leave to remain in the United Kingdom |
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6.1.1 | Application for limited leave to remain in the United Kingdom where the fee is not specified elsewhere in these Regulations. | £1,033 |
6.2 | [Fees for applications for limited leave to remain in the United Kingdom under Tier 1 or as a worker, temporary worker or student] |
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. . . | . . . | . . . |
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6.2.4 | Application for limited leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant. | £1,277 |
. . . | . . . | . . . |
6.2.6 | Application for limited leave to remain in the United Kingdom as a Tier 1 (Investor) Migrant. | £1,623 |
[6.2.6A | Application for limited leave to remain in the United Kingdom—
(a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker,
(b) under Appendix Intra-Company Routes to those rules, on the Intra-Company Transfer route under that Appendix, other than as a dependant partner or dependant child on that route, [or]
(c) under Appendix T2 Minister of Religion to those rules, other than as a dependant partner or dependant child on the T2 Minister of Religion route under that Appendix, ...
(d) ...
where a certificate of sponsorship has been issued for a period of three years or less and fee 6.2.6C does not apply.
| £704 |
6.2.6B | Application for limited leave to remain in the United Kingdom—
(a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, or
(b) under Appendix Intra-Company Routes to those rules, on the Intra-Company Transfer route under that Appendix, other than as a dependant partner or dependant child on that route,
where a certificate of sponsorship has been issued for a period of more than three years and fee 6.2.6D does not apply.
| £1,408 |
6.2.6C | Application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of three years or less. | £464 |
6.2.6D | Application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of more than three years. | £928 |
6.2.6E | Application for limited leave to remain in the United Kingdom under Appendix Intra-Company Routes to the immigration rules, on the Intra-Company Graduate Trainee route under that Appendix, other than as a dependant partner or dependant child on that route. | £482 |
[6.2.6F | Application for limited leave to remain in the United Kingdom under—
(a) Appendix Temporary Work – Religious Worker to the immigration rules, other than as a dependent partner or dependent child of a Religious Worker,
(b) Appendix Temporary Work – Charity Worker to those rules, other than as a dependent partner or dependent child of a Charity Worker,
(c) Appendix Temporary Work – Creative Worker to those rules, other than as a dependent partner or dependent child of a Creative Worker,
(d) Appendix Temporary Work – International Agreement to those rules, other than as a dependent partner or dependent child on the International Agreement route under that Appendix, or
(e) Appendix Temporary Work – Government Authorised Exchange to those rules, other than as a dependent partner or dependent child on the Government Authorised Exchange route under that Appendix.
| £244]] |
[6.2.6G | Application for limited leave to remain in the United Kingdom under Appendix Graduate to the immigration rules, other than as the dependant partner or dependant child of a Graduate. | £700] |
[6.2.6H | Application for limited leave to remain in the United Kingdom under Appendix International Sportsperson to the immigration rules, other than as a dependent partner or dependent child of an International Sportsperson, where a certificate of sponsorship has been issued for a period of 12 months or less. | £244 |
6.2.6I | Application for limited leave to remain in the United Kingdom under Appendix International Sportsperson to the immigration rules, other than as a dependent partner or dependent child of an International Sportsperson, where a certificate of sponsorship has been issued for a period of more than 12 months. | £704] |
. . . | . . . | . . . |
. . . | . . . | . . . |
. . . | . . . | . . . |
. . . | . . . | . . . |
. . . | . . . | . . . |
[6.2.11A | Application for limited leave to remain in the United Kingdom under—
(a) [Appendix Student] to the immigration rules, other than an application for limited leave to remain in the United Kingdom as the dependant partner or dependant child of a Student ..., or
(b) [Appendix Child Student] to those rules.
| £475] |
. . . | . . . | . . . |
. . . | . . . | . . . |
[6.2A | Fees for applications for limited leave to remain in the United Kingdom [under Appendix Innovator or Appendix Start-up to the immigration rules]] |
[6.2A.1 | Application for limited leave to remain in the United Kingdom [under Appendix Innovator to the immigration rules, other than as a dependant partner or dependant child on the Innovator route under that Appendix]. | £1,277] |
[6.2A.2 | Application for limited leave to remain in the United Kingdom [under Appendix Start-up to the immigration rules, other than as a dependant partner or dependant child on the Start-up route under that Appendix]. | £493] |
[6.2B | Fees for and in connection with applications for limited leave to remain in the United Kingdom [under Appendix Global Talent to the immigration rules] |
6.2B.1 | Application to the Home Office for an approval letter from an endorsing body in respect of a proposed application for limited leave to remain in the United Kingdom [under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix]. | £456 |
6.2B.2 | Application for limited leave to remain in the United Kingdom [under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix,] where fee 6.2B.1 applies. | £152 |
6.2B.3 | Application for limited leave to remain in the United Kingdom [under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix,] where fee 6.2B.1 does not apply. | £608] |
[6.2C | Fees for applications for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules | |
6.2C.1 | Application for limited leave to remain in the United Kingdom for a period of thirty months under Appendix Hong Kong British National (Overseas) to the immigration rules.
| £180 |
6.2C.2 | Application for limited leave to remain in the United Kingdom for a period of five years under Appendix Hong Kong British National (Overseas) to the immigration rules.
| £250] |
6.3 | Fees for other applications for limited leave to remain in the United Kingdom |
---|
6.3.1 | [Application for limited leave to remain in the United Kingdom under Appendix Representative of an Overseas Business to the immigration rules, other than as a dependant partner or dependant child on the Representative of an Overseas Business route under that Appendix.] | £704 |
6.3.2 | Application for limited leave to remain in the United Kingdom as a retired person of independent means under Part 7 of the immigration rules. | £1,949 |
6.3.3 | Application for limited leave to remain in the United Kingdom as a visitor. | £993 |
Table 7 (Fees for specified applications for limited leave to remain in the United Kingdom as a dependant)
Number of fee | Type of application | 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 in the United Kingdom as the dependant of a Tier 1 (Exceptional Talent) Migrant. | £608 |
[7.1.1A | Application for limited leave to remain in the United Kingdom as the dependant of a Tier 1 (Graduate Entrepreneur) Migrant. | £493] |
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. . . | . . . | . . . |
[7.1.5 | Application for limited leave to remain in the United Kingdom under Appendix Global Talent to the immigration rules as a dependant partner or dependant child on the Global Talent route under that Appendix. | £608] |
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 in the United Kingdom . . . . . . . . . . | £2,389 |
Table 8A (fees for applications for indefinite leave to remain in the United Kingdom)
Table 9 (Exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)
Number and description of exception or waiver | Fees to which exception or waiver applies |
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9.1 | Article 3 or Refugee Convention applications |
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| 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 |
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| No fee is payable in respect of an application made under the Destitution Domestic Violence Concession operated outside the immigration rules by the Secretary of State. | Fee 6.1.1 |
9.3 | Applications for leave to remain in the United Kingdom as a victim of domestic violence or abuse under paragraph 289A, Appendix FM or Appendix Armed Forces |
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| No fee is payable in respect of an application as a victim of domestic violence or abuse 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 . | 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 in the United Kingdom |
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| 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 six months. | Fees [6.2.11A], [6.2.6F], 6.3.1,
|
9.6 | Children being looked after by a local authority |
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| 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 looked after by a local authority. | Fees 6.1.1, [6.2.11A], [6.2.6F], [6.2.6H, 6.2.6I,] 8.1.1 . . . |
9.7 | Applications under [Appendix ECAA Extension of Stay to the immigration rules] |
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| No fee is payable in respect of an application made under [Appendix ECAA Extension of Stay to the immigration rules]. | Fee 6.1.1 |
9.8 | Applications from stateless persons |
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| No fee is payable in respect of an application for limited leave to remain or indefinite leave to remain in the United Kingdom as a stateless person, or as the family member of a stateless person, under Part 14 of the immigration rules. | Fees 6.1.1, 8.1.1 |
9.9 | Applications for variation of limited leave to enter or remain in the United Kingdom to allow recourse to public funds |
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| No fee is payable in respect of an application for variation of the conditions attached to a grant of limited leave to enter or remain in the United Kingdom, in order to be permitted access to public funds, by a person who has been granted such leave (subject to a condition of no recourse [or access] to public funds)—
(a)under—
(i)paragraph 276BE(1) (including when it is read with paragraph 276A01(1)) of Part 7 of the immigration rules;
(ii)paragraph 276DG of that Part of the immigration rules;
(iii)paragraph D-LTRP.1.2. (including when it is read with paragraph GEN.2.3.(1).) of Appendix FM to the immigration rules;
(iv)paragraph D-LTRPT.1.2. (including when it is read with paragraph GEN.2.3.(1).) of Appendix FM to the immigration rules;
(v)paragraph D-ILRP.1.2. of Appendix FM to the immigration rules; ...
(vi)paragraph D-ILRPT.1.2. of Appendix FM to the immigration rules; [or
(vii)Appendix Hong Kong British National (Overseas) to the immigration rules;]
(b)outside the immigration rules—
(i)as mentioned in paragraph 276BE(2) (including when it is read with paragraph 276A01(1)) of Part 7 of the immigration rules; or
(ii)before 10th August 2017, as mentioned in paragraph GEN.1.10. of Appendix FM to the immigration rules as the rules had effect immediately before that date .
| [Fees 6.1.1, 6.2C.1, 6.2C.2] |
9.10 | Applications for discretionary leave by an individual with a positive conclusive grounds decision |
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9.10.1 | No fee is payable in respect of an application or request for the 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 the individual has 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.
| 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 |
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9.11.1 | No fee is payable in respect of an application for leave to remain made under [Appendix Domestic Worker who is a Victim of Modern Slavery to the immigration rules]. | Fee 6.1.1 |
9.12 | Applications by qualifying residents of Grenfell Tower and Grenfell Walk |
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9.12.1 | No fee is payable in respect of an application for leave to remain made under the Grenfell Tower Immigration Cases Policy for qualifying residents of Grenfell Tower and Grenfell Walk . | Fee 6.1.1 |
9.12.2 | The official determining an application for leave to remain may decide to waive the payment of the fee where the application is made (on or after the day on which these Regulations come into force)—
(a)by a person who, on 31st January 2018, was eligible to be considered under the policy referred to in 9.12.1; or
(b)in respect of a child born on or after 14th June 2017 in the United Kingdom to a person who was so eligible on 31st January 2018 (whether or not the person had come forward for consideration under the policy by that date).
| Fee 6.1.1 |
. . . | . . . |
[9.14 | Applications for leave to remain in the United Kingdom by relevant Afghan citizens and their dependants | |
9.14.1 | No fee is payable in respect of an application for limited leave to remain in the United Kingdom made under paragraph 305 of the immigration rules in respect of a child of a person given limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the immigration rules [before 6th October 2021]. | Fee 6.1.1 |
9.14.2 | [No fee is payable in respect of an application under Part 7 of the immigration rules for indefinite leave to remain in the United Kingdom as— (a) a relevant Afghan citizen,
(b) the partner of a relevant Afghan citizen, or
(c) the minor dependent child of a relevant Afghan citizen or of their partner
(with the expressions used in (a), (b) and (c) having the same meaning as in that Part).]
| Fee 8.1.1 |
9.15 | Applications for indefinite leave to remain in the United Kingdom by persons relocated to the United Kingdom under section 67 of the Immigration Act 2016 (unaccompanied refugee children: relocation and support) | |
| No fee is payable in respect of an application for indefinite leave to remain in the United Kingdom made under paragraph 352ZN of the immigration rules. | Fee 8.1.1] |
[9.16 | Applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules] |
| [No fee is payable in respect of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules. | Fees 6.1.1, 8.1.1] |
[9.17 | Applications for limited leave to remain in the United Kingdom made under Appendix S2 Healthcare Visitor to the immigration rules |
| No fee is payable in respect of an application for limited leave to remain in the United Kingdom made under Appendix S2 Healthcare Visitor to the immigration rules. | Fees 6.1.1, 6.3.3] |
Textual Amendments
Marginal Citations
Applications by dependantsU.K.
3. Except in respect of applications for which a fee is specified [in 6.2C.1 or 6.2C.2 of Table 6 or] in Table 7, and subject to the exceptions and waivers set out in Table 9 [and to paragraph 3A], the fee for an application for leave to remain in the United Kingdom ... 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.
[Reduction of fees for Health and Care Visa applications and related applications by dependantsU.K.
3A.—(1) In this paragraph—
a “Health and Care Visa application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where the certificate of sponsorship issued in respect of the application confirms the applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance;
a “relevant dependant’s application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker where—
(a)
the certificate of sponsorship issued in respect of the application by the main applicant confirms the main applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance, or by the Tier 2 Policy Guidance where the main applicant’s application was made before 9.00 a.m. on 1st December 2020, or
(b)
the applicant has a sponsor’s letter or email referred to in paragraph 9 of the Health and Care Visa Guidance.
(2) In the case of a Health and Care Visa application, the fee under 6.2.6A, 6.2.6B, 6.2.6C or 6.2.6D of Table 6 payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules is to be reduced—
(a)by £472, where it is the fee specified by 6.2.6A of that Table;
(b)by £944, where it is the fee specified by 6.2.6B of that Table;
(c)by 50%, where it is the fee specified by 6.2.6C or 6.2.6D of that Table.
(3) In the case of a relevant dependant’s application where the application by the main applicant was made at or after 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—
(a)by £472, where it is the fee specified by 6.2.6A of Table 6;
(b)by £944, where it is the fee specified by 6.2.6B of that Table;
(c)by 50%, where it is the fee specified by 6.2.6C or 6.2.6D of that Table.
(4) In the case of a relevant dependant’s application where the application by the main applicant was made before 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—
(a)by £472, where it is the fee specified by 6.2.7 of Table 6 as it continues to have effect by virtue of regulation 14(6) of the Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020;
(b)by £944, where it is the fee specified by 6.2.8 of that Table as it continues to have effect by virtue of that regulation;
(c)by 50%, where it is the fee specified by 6.2.9 or 6.2.10 of that Table as it continues to have effect by virtue of that regulation.
(5) In sub-paragraph (1)—
(a)the references to “the Health and Care Visa Guidance” are references to the document entitled “Health and Care Visa Guidance” published by the Home Office;
(b)the reference to “the Tier 2 Policy Guidance” is a reference to the document entitled “Tier 2 of the Points-Based System – Policy Guidance” published by the Home Office.]
Applications made by CESC NationalsU.K.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Variation of an application for leave to remain in the United KingdomU.K.
5.—(1) This sub-paragraph applies where—
(a)an application for leave to remain in the United Kingdom is made in respect of a person on or after the day that these Regulations come into force; but
(b) before that application [(“the first application”)] is determined a further application is submitted which has the effect of varying it.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[(3) Where sub-paragraph (1) applies ... the Secretary of State must refund any fee (or fees) paid in respect of the first application.]