Amendments to the Immigration and Nationality (Fees) Regulations 20189

1

Schedule 11 (miscellaneous fees) is amended as follows.

2

In paragraph 1 after “application for”, in each place it occurs, insert “entry clearance to enter,”.

3

In paragraph 3—

a

in sub-paragraph (1) after paragraph (b) insert—

c

a decision to refuse to issue or renew, or to revoke, a frontier worker permit under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.

b

in sub-paragraph (3)—

i

in paragraph (a)—

aa

after “any application” insert “for entry clearance to enter, leave to enter or leave to remain in the United Kingdom”;

bb

after “Appendix EU to the immigration rules” insert “or an application to which sub-paragraph (3A) applies”;

ii

in paragraph (b) at the end insert “, except where that application was an application to which sub-paragraph (3A) applies or an application for entry clearance to enter the United Kingdom under Appendix EU (Family Permit) to the immigration rules.”;

c

after sub-paragraph (3) insert—

3A

This sub-paragraph applies to an application for—

a

leave to enter the United Kingdom under Appendix EU to the immigration rules,

b

entry clearance to enter or limited leave to remain in the United Kingdom under Appendix S2 Healthcare Visitor to those rules12, or

c

entry clearance to enter the United Kingdom under Appendix Service Providers from Switzerland to those rules.

d

in sub-paragraph (5) at the beginning insert “Subject to sub-paragraphs (5A) and (5B),”;

e

in sub-paragraph (5A)—

i

in the words before paragraph (a) omit “But”;

ii

omit paragraph (a) (including the “and” at the end);

f

after sub-paragraph (5A) insert—

5B

Sub-paragraph (5) also does not apply where the decision under review—

a

was a decision to refuse to issue a frontier worker permit to a person under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, or to revoke or refuse to renew a person’s frontier worker permit under those Regulations, and

b

is withdrawn solely because information or evidence that was not before the original decision maker has been provided showing that the person qualifies for a frontier worker permit under those Regulations.