The Immigration and Nationality (Fees) and Passport (Fees) (Amendment) Regulations 2023

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) and Passport (Fees) (Amendment) Regulations 2023.

(2) These Regulations come into force—

(a) for the purposes of regulation 3 and the Schedule, on 2nd February 2023;

(b) for all other purposes, on 30th January 2023.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendments to Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018

2.—(1) Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018(1) (applications for leave to remain in the United Kingdom) is amended as follows.

(2) In paragraph 1(1) (interpretation), omit the definitions of “positive conclusive grounds decision”, “the Trafficking Convention” and “Trafficking Convention reason”.

(3) In paragraph 2, in Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom), in 9.10—

(a) for the heading substitute “Grant of leave to remain in the United Kingdom under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules”(2);

(b) in 9.10.1, for the words from “No fee” to “decision” substitute—

“No fee is payable in respect of the first grant of leave under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules) (“the Appendix”) (whether or not an application is made for such leave to be granted).”;

(c) in 9.10.2, for the words from “No fee” to “reason” (in the second place where it occurs) substitute—

“No fee is payable in respect of a further grant of leave under the Appendix where the individual—

(a) has not yet accrued in total thirty months limited leave to remain in the United Kingdom, granted as discretionary leave or under the Appendix; or

(b) was not originally granted thirty months limited leave to remain in the United Kingdom (granted as discretionary leave or under the Appendix) and the application is to allow the individual to have in total thirty months limited leave.”;

(d) in 9.10.3, for the words from “No fee” to “destitute” substitute—

“No fee is payable in respect of an application made under the Appendix where—

(a) 9.10.2 does not apply because the individual has accrued—

(i) thirty months or more limited leave to remain in the United Kingdom granted as discretionary leave;

(ii) thirty months or more limited leave to remain in the United Kingdom granted under the Appendix; or

(iii) a total of thirty months or more limited leave to remain in the United Kingdom granted as discretionary leave or under the Appendix; and

(b) at the time of making the application the individual appears to the Secretary of State to be destitute.”.

Amendments to the Schedule to the Passport (Fees) Regulations 2022

3.  The Schedule to the Passport (Fees) Regulations 2022(3) is amended in accordance with the Schedule to these Regulations.

We consent to the making of these Regulations

Nigel Huddleston

Andrew Stephenson

Two of the Lords Commissioners of His Majesty’s Treasury

10th January 2023

Robert Jenrick

Minister of State

Home Office

At 10.30 a.m. on 11th January 2023