The Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 (“the 2009 Order”), the Immigration and Nationality (Fees) Regulations 2018 (“the 2018 Regulations”) and the Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020.

Regulations 2 to 4 amend the 2009 Order. Section 84(1) of the Immigration and Asylum Act 1999 prohibits a person who is not a qualified person from providing immigration advice or immigration services. The 2009 Order exempts licensed sponsors of Tier 2 Migrants under the United Kingdom immigration rules (and others) from the prohibition. Amendments to the immigration rules have replaced the Tier 2 route with new routes provided for by new Appendices. Regulations 2 to 4 amend the 2009 Order to exempt sponsors of applicants under the new Appendices from the prohibition. They also make related amendments, including amendments required because of the replacement of Appendix ST: Student and Appendix CS: Child Student in the immigration rules.

Regulations 5 to 13 amend the 2018 Regulations, and regulation 14 makes related savings provision. The 2018 Regulations set fees for the exercise of functions in connection with immigration and nationality. These include fees for various applications under the United Kingdom immigration rules and for related processes and services. Amendments have been made to the rules which mean that a number of references to them, and to applications under them, in the 2018 Regulations need to be changed to refer to new provisions of the rules, and which also mean that some existing fees are redundant. The amendments made by these Regulations are largely concerned with these changes. Relevant amendments are made to provisions relating to fees for applications for entry clearance to enter the United Kingdom (see regulation 8), applications for limited leave to remain in the United Kingdom (see regulation 9) and applications and services in connection with the sponsorship of applicants under the rules (see regulation 11). Regulation 6 makes related amendments to definitions. Fees for applications by dependants under new provisions of the rules are provided for by existing paragraph 3 of Schedule 1 and paragraph 3 of Schedule 2 to the 2018 Regulations, except where specific fees for dependants are provided for by the amendments made by these Regulations. Regulation 14 of these Regulations is concerned with preserving existing fees for applications by dependants where the main applicant applied under provisions of the rules which have been replaced.

The amendments to the 2018 Regulations also provide for new fees and new exceptions to existing fees, and for the removal of existing fee exceptions, as follows.

Regulation 8(4)(r) and 9(4)(l) set fees for applications for entry clearance to enter, limited leave to enter and limited leave to remain in the United Kingdom under new Appendix Hong Kong British National (Overseas) to the United Kingdom immigration rules. Regulation 13 similarly provides new fees for applications for entry clearance to enter the Bailiwick of Jersey under new Appendix HK(J) British National (Overseas) to the Jersey immigration rules. Fees for applications by dependants under the new Appendices are provided for by existing paragraph 3 of Schedule 1 and paragraph 3 of Schedule 2 to the 2018 Regulations (in relation to the United Kingdom) and by existing paragraph 4 of Schedule 10 to those Regulations (in relation to Jersey).

Regulations 8(6)(a) and (b), 9(6)(c), 10 and 12 replace and remove existing fee exceptions in connection with applications made, and leave granted, under the terms of the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963 (the EC Association Agreement with Turkey). In connection with the withdrawal of the United Kingdom from the European Union, new Appendix ECAA Extension of Stay to the United Kingdom immigration rules makes provision for applications by certain Turkish businesspersons and their dependants.

Regulation 8(6)(c) provides new fee exceptions in respect of applications for entry clearance to enter the United Kingdom made under new Appendix Service Providers from Switzerland to the immigration rules or new Appendix S2 Healthcare Visitor to those rules. Regulation 9(6)(d) also provides a new fee exception in respect of applications for limited leave to remain in the United Kingdom made under new Appendix S2 Healthcare Visitor. New Appendix Service Providers from Switzerland and Appendix S2 Healthcare make provision arising from the withdrawal of the United Kingdom from the European Union.

Regulation 11(3)(k) sets a new fee for the expedited processing of an application for a sponsor licence made under a priority service.

Regulation 12 removes the existing fee exception which applies to applications for entry clearance to enter the Isle of Man under the terms of the agreement entered into on 12th September 1963 between the European Community and Turkey (the EC Association Agreement with Turkey).

Regulation 13(3)(a) replaces the existing fee for an application for entry clearance to enter the Bailiwick of Jersey for the purposes of seasonal work permit employment with a fee of the same amount for an application for entry clearance for the purposes of low-skilled work permit employment for a period of 12 months or less.

Regulation 15 amends the Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020. The amendment replaces the definition of “Tier 4 Migrant” in the saving provision in regulation 24 of those Regulations, in consequence of the amendment made by regulation 6(12) of these Regulations.

The Home Office documents entitled “Health and Care Visa Guidance” and “Tier 2 of the Points-Based System – Policy Guidance” are accessible via www.gov.uk, and copies can be obtained from the Home Office, Fees and Income Planning Team, 2 Marsham Street, London, SW1P 4DF.

Impact assessments have been prepared in respect of the replacement of the Tier 2 (General) route under the United Kingdom immigration rules with the Skilled Worker route under new Appendix Skilled Worker to those rules, and in respect of the addition of new Appendix Hong Kong British National (Overseas) to those rules. These impact assessments are available alongside these Regulations at www.legislation.gov.uk. Copies are also available from the Home Office, Fees and Income Planning Team, 2 Marsham Street, London, SW1P 4DF. No impact assessment has been published in respect of other changes made by these Regulations because no impact, or no significant impact, on the private, voluntary or public sector is foreseen.