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

Amendments to the Immigration and Nationality (Fees) Regulations 2018

11.—(1) Schedule 4 (sponsorship) is amended as follows.

(2) In paragraph 1—

(a) in the definition of “students” for “Appendix ST: Student or Appendix CS: Child Student” substitute “Appendix Student or Appendix Child Student”;

(b) in the definition of “the student route”—

(i) in paragraph (a) for “Appendix ST: Student” substitute “Appendix Student”;

(ii) in paragraph (b) for “Appendix CS: Child Student” substitute “Appendix Child Student”.

(c) after the definition of “Student Sponsor basic compliance assessment” insert—

““temporary workers” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under—

(a)

Appendix T5 (Temporary Worker) Seasonal Worker to the immigration rules,

(b)

Appendix T5 (Temporary Worker) Youth Mobility Scheme to those rules,

(c)

Appendix T5 (Temporary Worker) Religious Worker to those rules,

(d)

Appendix T5 (Temporary Worker) Charity Worker to those rules,

(e)

Appendix T5 (Temporary Worker) Creative or Sporting Worker to those rules,

(f)

Appendix T5 (Temporary Worker) International Agreement Worker to those rules, or

(g)

Appendix T5 (Temporary Worker) Government Authorised Exchange Worker to those rules;

“the temporary worker route” means any or all of—

(a)

the Seasonal Worker route provided for by Appendix T5 (Temporary Worker) Seasonal Worker to the immigration rules;

(b)

the Youth Mobility Scheme route provided for by Appendix T5 (Temporary Worker) Youth Mobility Scheme to those rules;

(c)

the Religious Worker route provided for by Appendix T5 (Temporary Worker) Religious Worker to those rules;

(d)

the Charity Worker route provided for by Appendix T5 (Temporary Worker) Charity Worker to those rules;

(e)

the Creative or Sporting Worker route provided for by Appendix T5 (Temporary Worker) Creative and Sporting Worker to those rules;

(f)

the International Agreement Worker route provided for by Appendix T5 (Temporary Worker) International Agreement Worker to those rules;

(g)

the Government Authorised Exchange Worker route provided for by Appendix T5 (Temporary Worker) Government Authorised Exchange Worker to those rules;

“temporary worker sponsor” means a person who has a sponsor licence in respect of temporary workers;”;

(d) omit the definition of “Tier”;

(e) at the end insert—

““workers” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under—

(a)

Appendix Skilled Worker to the immigration rules,

(b)

Appendix Intra-Company Routes to those rules,

(c)

Appendix T2 Minister of Religion to those rules, or

(d)

Appendix T2 Sportsperson to those rules;

“the worker route” means any or all of—

(a)

the Skilled Worker route provided for by Appendix Skilled Worker to the immigration rules;

(b)

the Intra-Company Transfer route provided for by Appendix Intra-Company Routes to those rules;

(c)

the Intra-Company Graduate Trainee route provided for by Appendix Intra-Company Routes to those rules;

(d)

the T2 Minister of Religion route provided for by Appendix T2 Minister of Religion to those rules;

(e)

the T2 Sportsperson route provided for by Appendix T2 Sportsperson to those rules;

“worker sponsor” means a person who has a sponsor licence in respect of workers.”

(3) In Table 14 (fees in relation to sponsor licences, premium services for sponsors, certificates of sponsorship and confirmations of acceptance for studies)—

(a) in 14.1.1 in the second column for “Tier 2 Migrants” substitute “workers”;

(b) in 14.1.3 in the second column for “Tier 5 Migrants” substitute “temporary workers”;

(c) in 14.1.4 in the second column for “Tier 2 Migrants” substitute “workers”;

(d) in 14.1.5 in the second column for “Tier 2 and Tier 5 Migrants” substitute “workers and temporary workers”;

(e) in 14.1.6 in the second column for “Tier 2 Migrants, Tier 5 Migrants” substitute “workers, temporary workers”;

(f) in 14.2.1 in the second column for “Tier 2 Migrants” substitute “workers”;

(g) in 14.2.3 in the second column for “Tier 5 Migrants” substitute “temporary workers”;

(h) in 14.3.3 in the second column for “Tier 2 and Tier 5” substitute “the worker route and the temporary worker route”;

(i) in 14.3.4 in the second column for “Tier 2 and Tier 5” substitute “the worker route and the temporary worker route”;

(j) in 14.3.6 in the second column—

(i) for “a Tier 2 or Tier 5 sponsor” substitute “a worker sponsor or a temporary worker sponsor”;

(ii) for “for which fee 14.3.3 or fee 14.3.4 has been paid” substitute “for which a fee has been paid (before, at or after 9.00 a.m. on 1st December 2020) under 14.3.3 or 14.3.4 of this Table”;

(k) after 14.3.6 insert—

“14.3.7

The expedited processing of an application for a sponsor licence made under a priority service.

£500”

(l) in 14.4.1 in the second column for “for leave to enter or leave to remain in the United Kingdom as a Tier 2 Migrant” substitute “under Appendix Skilled Worker, Appendix Intra-Company Routes, Appendix T2 Minister of Religion or Appendix T2 Sportsperson to the immigration rules,”;

(m) in 14.4.2 in the second column for “Appendix ST: Student or Appendix CS: Child Student” substitute “Appendix Student or Appendix Child Student”;

(n) in 14.4.3 in the second column for “for leave to enter or leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) Migrant” substitute “under Appendix T5 (Temporary Worker) Seasonal Worker, Appendix T5 (Temporary Worker) Religious Worker, Appendix T5 (Temporary Worker) Charity Worker, Appendix T5 (Temporary Worker) Creative or Sporting Worker, Appendix T5 (Temporary Worker) International Agreement Worker or Appendix T5 (Temporary Worker) Government Authorised Exchange Worker to the immigration rules,”.

(4) In paragraph 3 for sub-paragraphs (1), (2) and (2A) substitute—

“(1) In sub-paragraph (2) a “relevant sponsor licence” means a sponsor licence which—

(a) is a sponsor licence in respect of students or temporary workers or both, and

(b) is not also a sponsor licence in respect of workers.

(2) Where a person who is not a small or charitable sponsor holds a relevant sponsor licence and applies for that licence to be extended so that it is also a sponsor licence in respect of workers, the fee payable for that application is the sum equivalent to the difference between—

(a) the fee paid for the original application for the licence, and

(b) the fee specified by 14.1.1 in Table 14.

(2A) Except as provided for by sub-paragraph (2), no fee is payable for an application to add any route referred to in the definitions of “the student route”, “the temporary worker route” or “the worker route” in paragraph 1 to an existing sponsor licence.”