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Regulation 5
1. In this Schedule—
F1...
[F2“Appendix EU biometric residence card” means a document (within the meaning given by section 126(9) of the Nationality, Immigration and Asylum Act 2002) issued to a person granted leave to remain in the United Kingdom under Appendix EU to the immigration rules on which biometric information is recorded under regulation 6A of the Immigration (Provision of Physical Data) Regulations 2006;]
“Assisted Voluntary Return programme” means any arrangements made by the Secretary of State under section 58 of the 2002 Act;
“certificate of travel” means a travel document issued at the discretion of the Secretary of State to a person who has been granted leave to remain in the United Kingdom and is unable to obtain a passport issued by their national authority;
[F3“contact 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;]
“convention travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 M1;
“Direct Airside Transit Visa” means a transit visa within the meaning of section 41(2) of the 1999 Act, authorising the holder to remain within an airport, without passing through immigration control, pending departure on another flight from the same airport;
“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;
[F4“endorsing 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;]
“Electronic Visa Waiver” means a document authorising a person to travel to the United Kingdom for the purpose of entry to the United Kingdom where that person, in the absence of such a document, would require entry clearance in order to do so;
[F5“ETA” has the meaning given by section 11C of the 1971 Act (electronic travel authorisations);]
“stateless person's travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954 M2;
“transfer of conditions” means [F6an addition to a passport,] or other document issued to an applicant which indicates that a person has been granted leave to enter or leave to remain in the United Kingdom.
Textual Amendments
F1Words in Sch. 3 para. 1 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 46(2)(a)
F2Words in Sch. 3 para. 1 inserted (30.3.2019 at 7.00 a.m.) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(2)
F3Words in Sch. 3 para. 1 inserted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(a)(i)
F4Words in Sch. 3 para. 1 inserted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(a)(ii)
F5Words in Sch. 3 para. 1 inserted (25.10.2023) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1004), regs. 1(5), 5(2) (with reg. 12)
F6Words in Sch. 3 para. 1 substituted (19.7.2021) by The Immigration and Nationality (Fees) (Amendment) Order 2021 (S.I. 2021/768), arts. 1(3), 3(3)
Marginal Citations
M1United Nations, Treaty Series, volume 189 at page 137.
M2United Nations, Treaty Series, volume 360 at page 117.
2.—(1) Table 10 specifies the amount of the fees for the specified [F8applications, requests and other requirements] for and in connection with documents [F9and services] relating to immigration or nationality.
(2) Table 11 provides for exceptions to the requirement to pay fees specified in Table 10 for applications for travel documents [F10and for processing an application or claim which is later rejected as invalid].
(3) Table 12 specifies the amount of the fees for the specified applications for biometric immigration documents F11....
(4) Table 13 provides for exceptions to the requirement to pay fees specified in [F12Tables 10 and 12].
(5) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the specified fee in 12.2.4.
[F13(6) Paragraph 4 confers a discretion on the Secretary of State to waive, in specified circumstances, any fee specified in Table 10 or 12.]
[F14(7) Paragraph 5 confers a discretion on the Secretary of State to waive part of the specified fee in 10.8.1 in specified circumstances.]
Number of fee | Type of application | Amount of fee |
---|---|---|
F15... | F15... | |
F15. . . | F15. . . | F15. . . |
F16. . . | F16. . . | F16. . . |
10.2 | Fee for applications made overseas for a transfer of conditions | |
10.2.1 | Application for a transfer of conditions where the application is made outside the United Kingdom. | £154 |
10.3 | Fees for applications for travel documents | |
10.3.1 | Application for a certificate of travel where the person in respect of whom the application is made is aged 16 or over when the application is received by the Secretary of State. | £280 |
10.3.2 | Application for a certificate of travel where the person in respect of whom the application is made is under the age of 16 when the application is received by the Secretary of State. | £141 |
10.3.3 | Application for a convention travel document, stateless person's travel document, or document of identity where the person in respect of whom the application is made is aged 16 or over when the application is received by the Secretary of State. | [F17£82] |
10.3.4 | Application for a convention travel document, stateless person's travel document, or document of identity where the person in respect of whom the application is made is under the age of 16 when the application is received by the Secretary of State. | [F18£53] |
10.4 | Fee for applications for a Direct Airside Transit Visa | |
10.4.1 | Application for a Direct Airside Transit Visa. | £35 |
F19... | F19... | |
F19. . . | F19. . . | F19. . . |
[F2010.5A | Fees for applications for a replacement F21... Appendix EU biometric residence card] | |
[F2010.5A.1 | Application for a replacement of an Appendix EU biometric residence card that has been lost, stolen, damaged or destroyed. | [F22£19]] |
F23. . . | F23. . . | F23. . . |
F23... | F23... | |
F23. . . | F23. . . | F23. . . |
F16. . . | F16. . . | F16. . . |
F23. . . | F23. . . | F23. . . |
F16. . . | F16. . . | F16. . . |
F23. . . | F23. . . | F23. . . |
10.7 | Electronic Visa Waiver | |
10.7.1 | Request for an Electronic Visa Waiver. | [F24£30] |
[F2510.7A | Electronic Travel Authorisation | |
10.7A.1 | Request for an ETA where required in accordance with Appendix Electronic Travel Authorisation to the immigration rules | £10] |
10.8 | [F26Fee] for processing an application or claim which is later rejected as invalid | |
10.8.1 | Processing an application or claim which is rejected as invalid prior to a decision being issued F27. . . | £25 |
F28. . . | F28. . . | F28. . . |
F28. . . | F28. . . | F28. . . |
[F2910.9 | Fee for contact point meeting | |
10.9.1 | Carrying out a contact point meeting required by Appendix Innovator Founder of the immigration rules. | £500] |
Number and description of the exception | Fees to which exception applies | |
---|---|---|
11.1 | Travel documents for bodies being taken outside the United Kingdom for burial or cremation | |
No fee is payable in respect of an application for a travel document for a body that is being taken outside the United Kingdom for the purposes of burial or cremation. | Fees 10.3.1 to 10.3.4 | |
11.2 | Travel documents for reconstruction or resettlement | |
No fee is payable in respect of an application for a travel document where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purposes of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to resettle there. | Fees 10.3.1 to 10.3.4 | |
11.3 | Travel documents for the purposes of the Assisted Voluntary Return programme | |
No fee is payable in respect of an application for a document of identity for the purposes of the Assisted Voluntary Return programme. | Fees 10.3.1 to 10.3.4 | |
11.4 | Travel documents for persons born on or before 2nd September 1929 | |
No fee is payable in respect of an application for a convention travel document or stateless person's travel document where the applicant was born on or before 2nd September 1929. | Fees 10.3.1 to 10.3.4 | |
[F3111.5 | Processing an application or claim which is later rejected as invalid | |
[F3211.5.1] | No fee is payable in respect of the processing of an application or claim which is rejected as invalid prior to a decision being issued where— (a) no fee was payable in respect of that application or claim; or (b) a fee was payable in respect of that application or claim but no fee was paid at the time the application or claim was made. | [F33Fee 10.8.1]] |
[F3411.5.2 | No fee is payable in respect of the processing of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules before 7.00 a.m. on 30th March 2019 which is rejected as invalid at or after that time prior to a decision being issued. | 10.8.1] |
[F3511.6 | Contact point meetings for certain applicants | |
11.6.1 | No fee is payable in respect of a contact point meeting where— (a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”), (b) the contact point meeting is with the endorsing body or legacy endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, and (c) where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up. | 10.9.1 |
11.6.2 | No fee is payable in respect of a contact point meeting where— (a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”), (b) the contact point meeting is not with the endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, (c) the letter which endorsed the applicant in connection with the applicant’s current leave (“the original letter”) was issued (pursuant to the immigration rules) by a legacy endorsing body which was at the time when the original letter was issued, approved by the Home Office to endorse individuals in connection with applications under Appendix Innovator to those rules, and (d) where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up. | 10.9.1 |
11.6.3 | No fee is payable in respect of a contact point meeting where the endorsing body is the Global Entrepreneur Programme operated by the Department for Business and Trade. | 10.9.1] |
Number of fee | Type of application or process | Amount of fee | |
---|---|---|---|
12.1 | Fees for mandatory applications for a replacement biometric immigration document | ||
12.1.1 | Application, by an applicant who has limited or indefinite leave to remain in the United Kingdom, for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations M3 to replace a biometric immigration document which has been cancelled under the following provisions of those Regulations— (a)regulation 17(b) where the applicant is within the United Kingdom; (b)regulation 17(c) to (e); (c)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 (d)regulation 17(g) M4. | [F37£19] | |
F38. . . | F38. . . | F38. . . | |
F38... | F38... | ||
F38. . . | F38. . . | F38. . . | |
F39. . . | F39. . . | F39. . . | |
F40. . . | F40.... | F40. . . | |
F38. . . | F38. . . | F38. . . |
Number and description of the exception | Fees to which exception applies | |
---|---|---|
13.1 | Persons granted asylum or humanitarian protection, stateless persons and their dependants | |
13.1.1 | No fee is payable for an application for a biometric immigration document if the applicant— (a)has been granted asylum; (b)has been granted humanitarian protection under the immigration rules; (c)has been granted leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; (d)is a dependant of an individual described in any of (a) to (c); or (e)has been granted 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. | [F42Fee 12.1.1] |
13.2 | Children born in the United Kingdom to persons granted asylum or humanitarian protection | |
13.2.1 | No fee is payable for an application for a biometric immigration document if the applicant is a child who was born in the United Kingdom to a person who has been granted asylum, or has been granted humanitarian protection under the immigration rules. | [F42Fee 12.1.1] |
F43... | F43... | |
F43. . . | F43. . . | F43. . . |
F43... | F43... | |
F43. . . | F43. . . | F43. . . |
F43... | F43... | |
F43. . . | F43. . . | F43. . . |
F44... | F44... | |
F44. . . | F44. . . | F44. . . |
F44... | F44... | |
F44. . . | F44. . . | F44. . . |
F43. . . | F43. . . | |
F43. . . | F43. . . | F43. . . |
F43. . . | F43. . . | |
F43. . . | F43. . . | F43. . . |
13.8 | Fee for a biometric immigration document where the person has paid an application fee in 10.6 of this Schedule | |
13.8.1 | No fee is payable for a biometric immigration document if that person [F45made an application for which a fee was specified in 10.6.1, 10.6.3 or 10.6.5 at any time before the date on which those provisions were revoked] , or made an application at any time before 9.00 a.m. on 6th April 2022 for which a fee was specified in 10.6.2 or 10.6.4 when the application was made . | [F46Fee 12.1.1] |
Textual Amendments
F7Words in Sch. 3 para. 2 heading inserted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(b)(i)
F8Words in Sch. 3 para. 2(1) substituted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(b)(ii)(aa)
F9Words in Sch. 3 para. 2(1) inserted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(b)(ii)(bb)
F10Words in Sch. 3 para. 2(2) inserted (8.10.2018) by The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 5(2)
F11Words in Sch. 3 para. 2(3) omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(a)
F12Words in Sch. 3 para. 2(4) substituted (5.10.2020 at 9.00 a.m.) by The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020 (S.I. 2020/966), regs. 1(2), 19(2)
F13Sch. 3 para. 2(6) inserted (6.4.2022) by The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(2), 7(2)
F14Sch. 3 para. 2(7) inserted (9.11.2022) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1062), regs. 1(2), 2(4)(a)
F15Words in Sch. 3 Table 10 omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(b)(i)
F16Words in Sch. 3 Table 10 omitted (6.4.2022 at 9.00 a.m.) by virtue of The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(3)(b), 7(3)
F17Sum in Sch. 3 Table 10.3.3 substituted (4.10.2023 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1004), reg. 1(2), Sch. 1 (with reg. 12)
F18Sum in Sch. 3 Table 10.3.4 substituted (4.10.2023 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1004), reg. 1(2), Sch. 1 (with reg. 12)
F19Words in Sch. 3 Table 10 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 46(2)(b)
F20Words in Sch. 3 Table 10 inserted (30.3.2019 at 7.00 a.m.) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(3)(b)
F21Words in Sch. 3 Table 10 omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(b)(ii)
F22Sum in Sch. 3 Table 10 substituted (9.11.2022 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1062), regs. 1(3), 2(4)(b)(i)
F23Words in Sch. 3 Table 10 omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(b)(iii)
F24Sum in Sch. 3 Table 10 substituted (29.3.2019) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(2), 7(3)(c)
F25Words in Sch. 3 Table 10 inserted (25.10.2023) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1004), regs. 1(5), 5(3) (with reg. 12)
F26Word in Sch. 3 Table 10 substituted (30.3.2019 at 7.00 a.m.) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(3)(d)
F27Words in Sch. 3 Table 10 omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(3)(e)
F28Words in Sch. 3 Table 10 omitted (30.3.2019 at 7.00 a.m.) by virtue of The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(3)(f)
F29Words in Sch. 3 Table 10 inserted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(c)
F30Words in Sch. 3 Table 11 heading substituted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(d)(i)
F31Words in Sch. 3 Table 11 inserted (8.10.2018) by The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018 (S.I. 2018/999), regs. 1(2), 5(4)(b)
F32Word in Sch. 3 Table 11 inserted (30.3.2019 at 7.00 a.m.) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(4)(a)(i)
F33Words in Sch. 3 Table 11 substituted (30.3.2019 at 7.00 a.m.) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(4)(a)(ii)
F34Words in Sch. 3 Table 11 inserted (30.3.2019 at 7.00 a.m.) by The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019 (S.I. 2019/475), regs. 1(3)(f), 7(4)(b)
F35Words in Sch. 3 Table 11 inserted (10.4.2024) by The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024 (S.I. 2024/398), regs. 1(2)(b), 8(d)(ii)
F36Words in Sch. 3 Table 12 heading omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(c)(i)
F37Sum in Sch. 3 Table 12 substituted (9.11.2022 at 9.00 a.m.) by The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2022 (S.I. 2022/1062), regs. 1(3), 2(4)(b)(iv)
F38Words in Sch. 3 Table 12 omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(c)(ii)
F39Words in Sch. 3 Table 12 omitted (6.4.2022 at 9.00 a.m.) by virtue of The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(3)(b), 7(4)(a)
F40Words in Sch. 3 Table 12 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 46(2)(c)
F41Words in Sch. 3 Table 13 heading omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(d)(i)
F42Words in Sch. 3 Table 13 substituted (7.9.2023) by The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(d)(ii)
F43Words in Sch. 3 Table 13 omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(d)(iii)
F44Words in Sch. 3 Table 13 omitted (6.4.2022 at 9.00 a.m.) by virtue of The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(3)(b), 7(5)(b)
F45Words in Sch. 3 Table 13 substituted (7.9.2023) by The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(d)(iv)(aa)
F46Words in Sch. 3 Table 13 substituted (7.9.2023) by The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(d)(iv)(bb)
Marginal Citations
M3Regulation 19 was amended by S.I. 2009/819 and S.I. 2015/433.
M4Regulation 17 was amended by S.I. 2009/819.
2A. The Secretary of State may waive the fee specified in 12.1.1 in Table 12.]
Textual Amendments
F47Sch. 3 para. 2A inserted (7.9.2023) by The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(e)
F483. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F48Sch. 3 para. 3 omitted (7.9.2023) by virtue of The Immigration and Nationality (Fees) (Amendment) Order 2023 (S.I. 2023/977), arts. 1(2), 3(3)(f)
4. The Secretary of State may waive the payment of any fee specified in Table 10 or 12 in respect of any application, request or process where the Secretary of State considers that—
(a)the person in respect of whom the application or request is made or (as the case may be) in relation to whom the process is to be carried out has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and
(b)the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application, request or process.]
Textual Amendments
5.—(1) This paragraph applies where—
(a)an application or claim in respect of which a fee (“the application fee”) is specified by these Regulations is rejected as invalid before a decision is issued in respect of that application or claim,
(b)the fee specified in 10.8.1 is payable for the processing of that application or claim, and
(c)the amount of the application fee paid in respect of the rejected application or claim is less than the amount of the fee specified in 10.8.1.
(2) The Secretary of State may waive the payment of the fee specified in 10.8.1 to the extent that the amount of that fee exceeds the amount of the application fee paid in respect of the rejected application or claim.]
Textual Amendments