The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2024

Statutory Instruments

2024 No. 1313

IMMIGRATION

NATIONALITY

The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2024

Made

10th December 2024

Laid before Parliament

at 11.00 a.m. on 11th December 2024

Coming into force

at 6.00 p.m. on 11th December 2024

The Secretary of State makes these Regulations with the consent of the Treasury(1), in exercise of the powers conferred by sections 68(1), (7) and (10)(b), 69(2), and 74(8)(a) and (b) of the Immigration Act 2014(2). These Regulations are made further to provision in the Immigration and Nationality (Fees) Order 2016(3).

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2024.

(2) These Regulations—

(a) come into force at 6.00 p.m. on 11th December 2024;

(b) extend to England and Wales, Scotland and Northern Ireland.

(3) This regulation and regulation 3(1), (2) and (7) also extend to the Isle of Man for the same purpose as the provisions of the principal Regulations which they amend(4).

(4) This regulation and regulation 3(1), (3) and (8) also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey for the same purpose as the provisions of the principal Regulations which they amend(5).

(5) In these Regulations “the principal Regulations” means the Immigration and Nationality (Fees) Regulations 2018(6).

Amendment of the principal Regulations

2.  The principal Regulations are amended in accordance with regulation 3.

Amendments relating to assessment of overseas qualifications

3.—(1) In regulation 2 (interpretation)—

(a) after the definition of “main applicant” insert—

““overseas qualification” means a qualification awarded by a body located outside the United Kingdom;”;

(b) after the definition of “private medical treatment” insert—

““qualifications assessor” means a body approved by the Secretary of State to carry out assessments of overseas qualifications;

“recognised appropriate language level of overseas qualification” means an assessment by a qualifications assessor of an overseas qualification to determine whether that qualification was taught or researched in English at the appropriate Common European Framework of Reference for Languages level, or above that level;

“recognised standard of overseas qualification” means an assessment by a qualifications assessor of an overseas qualification to determine whether that qualification meets or exceeds the recognised standard of a Bachelor’s degree, Master’s degree or PhD in the United Kingdom;”.

(2) In regulation 11(a), for “and 5A” substitute “, 5A and 5C”(7).

(3) In regulation 12(a), for “and 5” substitute “, 5 and 5C”.

(4) In Schedule 3 (documents and administration), in Table 10 (fees for miscellaneous documents and services), after entry 10.9.1(8) insert—

“10.10	Fees for applications for assessment of an overseas qualification
10.10.1	Application for a recognised appropriate language level of overseas qualification	£140.00
10.10.2	Application for a recognised appropriate language level of overseas qualification with downloadable digital statement confirming the outcome of the assessment	£147.50
10.10.3	Application for a recognised standard of overseas qualification including, if requested, a recognised appropriate language level of overseas qualification	£210.00
10.10.4	Application for a recognised standard of overseas qualification including, if requested, a recognised appropriate language level of overseas qualification with downloadable digital statement confirming the outcome of the assessment	£217.50”.

(5) In Schedule 6 (premium services (in the United Kingdom)), in Table 17 (premium services in the United Kingdom), after entry 17.7.3(9) insert—

“17.8	Fees for expediting applications for a recognised appropriate language level of overseas qualification
17.8.1	Priority service application for a recognised appropriate language level of overseas qualification	£124.00
17.8.2	Super priority service application for a recognised appropriate language level of overseas qualification	£174.00”.

(6) In Schedule 7 (premium services (outside the United Kingdom)), in Table 18 (premium services outside the United Kingdom), after entry 18.4.1(10) insert—

“18.5	Fees for expediting applications for a recognised appropriate language level of overseas qualification
18.5.1	Priority service application for a recognised appropriate language level of overseas qualification	£124.00
18.5.2	Super priority service application for a recognised appropriate language level of overseas qualification	£174.00”.

(7) In Schedule 9 (applications in relation to entry clearance to enter the Isle of Man and Premium Services)—

(a) in paragraph 2, after sub-paragraph (1) insert—

“(1A) Table 21A specifies the amount of the fees for specified applications for assessment of an overseas qualification.”;

(b) after Table 21 (fees for applications for entry clearance to enter the Isle of Man), insert—

“Table 21A

Fees for applications for assessment of an overseas qualification

Number of fee	Type of application	Amount of fee
21A.1	Application for a recognised appropriate language level of overseas qualification	£140.00
21A.2	Application for a recognised appropriate language level of overseas qualification with downloadable digital statement confirming the outcome of the assessment	£147.50
21A.3	Application for a recognised standard of overseas qualification including, if requested, a recognised appropriate language level of overseas qualification	£210.00
21A.4	Application for a recognised standard of overseas qualification including, if requested, a recognised appropriate language level of overseas qualification with downloadable digital statement confirming the outcome of the assessment	£217.50”;

(c) In Table 25 (premium services outside the United Kingdom and the Isle of Man), after entry 25.3.2 insert—

“25.4	Fees for expediting applications for a recognised appropriate language level of overseas qualification
25.4.1	Priority service application for a recognised appropriate language level of overseas qualification	£124.00
25.4.2	Super priority service application for a recognised appropriate language level of overseas qualification	£174.00”.

(8) In Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and Premium Services)—

(a) in paragraph 2, after sub-paragraph (1) insert—

“(1ZA) Table 26ZA specifies the amount of fees for specified applications for assessment of overseas qualifications.”;

(b) after Table 26 (fees for applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey), insert—

“Table 26ZA

Fees for applications for assessment of an overseas qualification

Number of fee	Type of application	Amount of fee
26ZA.1	Application for a recognised appropriate language level of overseas qualification	£140.00
26ZA.2	Application for a recognised appropriate language level of overseas qualification with downloadable digital statement confirming the outcome of the assessment	£147.50
26ZA.3	Application for a recognised standard of overseas qualification including, if requested, a recognised appropriate language level of overseas qualification	£210.00
26ZA.4	Application for a recognised standard of overseas qualification including, if requested a recognised appropriate language level of overseas qualification with downloadable digital statement confirming the outcome of the assessment	£217.50”;

(c) in Table 27 (premium services outside the United Kingdom and the relevant bailiwick), after entry 27.3.2 insert—

“27.4	Fees for expediting applications for a recognised appropriate language level of overseas qualification
27.4.1	Priority service for a recognised appropriate language level of overseas qualification	£124.00
27.4.2	Super priority service for a recognised appropriate language level of overseas qualification	£174.00”.

Seema Malhotra

Parliamentary Under Secretary of State

Home Office

10th December 2024

We consent

Anna Turley

Vicky Foxcroft

Two of the Lords Commissioners of His Majesty's Treasury

9th December 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330) which sets fees for the exercise of various functions in connection with immigration and nationality.

Regulation 3 introduces new fees for an assessment of an overseas qualification to determine whether that overseas qualification meets or exceeds the recognised standard of a Bachelor’s degree, Master’s degree or PhD in the United Kingdom (an application for “a recognised standard of overseas qualification”) and whether that qualification was taught or researched in English of the appropriate Common European Framework of Reference for Languages level, or above that level (an application for “a recognised appropriate language level of overseas qualification”).

A fee is set for an application for a recognised appropriate language level of overseas qualification and for an application for a recognised standard of overseas qualification which may include a recognised appropriate language level of overseas qualification if requested.

A fee is also set for those applications to include a downloadable digital statement confirming the outcome of the relevant assessment and for applications for a recognised appropriate language level of overseas qualification to be expedited by way of a priority service or a super priority service.

A full impact assessment has not been prepared for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

Treasury consent has been obtained pursuant to section 69(1) of the Immigration Act 2014 (c. 22).

(2)

2014 c. 22. Sections 68 to 70 of the Immigration Act 2014 are extended, with modifications, to the Isle of Man by article 22 of, and Schedule 9A to, S.I. 2008/680 which were inserted by articles 5 and 7 of S.I. 2015/1765. Article 22 of S.I. 2008/680 was amended by S.I. 2019/562 and further amended by S.I. 2020/1214. There are other amendments to S.I. 2008/680 not relevant to these Regulations. Sections 68 to 70 are extended to the Bailiwick of Guernsey by article 4 of S.I. 2016/996 subject to modifications specified in the Schedule to that Order. Sections 68 to 70 are also extended to the Bailiwick of Jersey by article 12 of S.I. 2021/1281 subject to modifications specified in Schedule 10 to that Order.

(3)

S.I. 2016/177, amended by S.I. 2017/440 and S.I. 2024/1192; there are other amending instruments but none are relevant to these Regulations.

(4)

See regulation 1(4) of S.I. 2018/330 for the purpose for which provisions of that instrument extend to the Isle of Man. Regulation 1(4) was amended by S.I. 2018/618 and S.I. 2020/966.

(5)

See regulation 1(5) of S.I. 2018/330 for the purpose for which provisions of that instrument extend to the Bailiwick of Guernsey and the Bailiwick of Jersey. Regulation 1(5) was amended by S.I. 2018/618.

(6)

S.I. 2018/330. Relevant amending instruments are S.I. 2018/618, S.I. 2020/966, S.I. 2019/475 and S.I. 2024/398.

(7)

Article 5C was inserted into S.I. 2016/177 by S.I. 2024/1192.

(8)

Entry 10.9.1 was inserted by S.I. 2024/398.

(9)

Entry 17.7.3 was inserted by S.I. 2019/475.

(10)

Entry 18.4.1 was inserted by S.I. 2021/1035 and amended by S.I. 2024/398.