The Immigration and Nationality (Fees) (Amendment No. 3) Regulations 2008

Amendment

2.—(1) The Immigration and Nationality (Fees) Regulations 2007(1) shall be amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “Tier 5 migrant” insert “and”; and

(b) omit the definition “Tier 5 (Temporary Worker) migrant” and the “and” that follows it.

(3) In regulation 5A (fees for applications for leave in the United Kingdom), for paragraph (3) substitute—

“(3) Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules the fee is—

(a) £400 for an application made by post or courier; or

(b) £600 where such application is made in person at a Public Enquiry Office of the UK Border Agency of the Home Office.”.

(4) For regulation 9 (exceptions in respect of fees for leave to remain applications) substitute—

“9.   No fee is payable in connection with applications referred to in—

(a) regulation 3;

(b) regulation 5A, in so far as the application is for leave to remain as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules;

(c) regulation 5C; or

(d) regulation 6, in so far as the application is for work permit employment under the immigration rules, as a highly skilled migrant under the immigration rules, as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules or a Tier Two migrant,

where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.”.

(5) In regulation 12 (exceptions in respect of fees for leave to remain applications), omit “, 5D”.

(6) Omit regulations 15, 16 and 18 (fees for immigration employment documents).

(7) At the beginning of regulation 20A (fees for sponsorship applications), insert “Subject to regulation 20AA,”.

(8) After regulation 20A (fees for sponsorship applications), insert—

“20AA.   In the case of an application to which article 3(2)(p)(2) of the 2007 Order applies, where such application is for a licence referred to in sub-paragraphs (a) to (d) of regulation 20A and is in respect of a person who—

(a) holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants; and

(b) is not a small sponsor,

the fee is £600.”.

(9) For regulation 20B (fees for entry clearance applications), substitute—

“20B.— (1) In the case of an application to which article 3(2)(aa)(3) of the 2007 Order applies—

(a) subject to sub-paragraphs (b), (c) and (d), where the application is for entry clearance as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is £600;

(b) subject to sub-paragraph (d), where the application is for entry clearance as a Tier 1 (General) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £540;

(c) subject to sub-paragraph (d),where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application, the fee is £200;

(d) where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is in respect of a person who—

(i) has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application; and

(ii) who is a national of a state which has ratified the Council of Europe Social Charter,

the fee is £180;

(e) where the application is for entry clearance as a Tier 1 (Post Study Work) migrant under the immigration rules, the fee is £205;

(f) subject to sub-paragraph (g), where the application is for entry clearance as a Tier 2 migrant, the fee is £205;

(g) where the application is for entry clearance as a Tier 2 migrant and is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter, the fee is £185;

(h) where the application is for entry clearance for settlement in the United Kingdom, the fee is £515;

(i) where the application is for entry clearance to the United Kingdom other than—

(i) for the purposes listed in sub-paragraphs (a) to (h);

(ii) as a visitor for a period of six months or less under the immigration rules;

(iii) as a student under the immigration rules;

(iv) as a Tier 4 migrant;

(v) as a Tier 5 migrant; or

(vi) for passing through the United Kingdom,

the fee is £205.

(2) This regulation is subject to regulation 20C and regulation 20D.”.

(10) In regulation 20C (exceptions and waivers in respect of fees for entry clearance applications)—

(a) after paragraph (b) insert “or”; and

(b) omit paragraph (d) and the “or” before it.

(1)

S.I. 2007/1158, as amended by S.I. 2008/544 and S.I. 2008/1695.

(2)

Article 3(2)(p) was inserted into S.I. 2007/807 by S.I. 2008/106.

(3)

Article 3(2)(aa) was inserted into S.I. 2007/807 by S.I. 2008/106.