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

Saving of provisions of the Immigration and Nationality (Fees) Regulations 2018 amended by regulations 8 and 9

14.—(1) Despite the revocation by regulation 8(4)(i) of 1.3.7, 1.3.8, 1.3.9, 1.3.10 and 1.3.11 in Table 1 in Schedule 1 to the 2018 Regulations, those entries continue to have effect, as they had effect immediately before commencement, for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for entry clearance to enter the United Kingdom made by dependants of Tier 2 Migrants.

(2) 1.3.11A in Table 1 in Schedule 1 to the 2018 Regulations continues to have effect as it had effect immediately before commencement, without the amendments made by regulation 8(4)(j), for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for entry clearance to enter the United Kingdom made by dependants of Appendix ST: Student migrants.

(3) Despite the revocation by regulation 8(4)(k) of 1.3.13 in Table 1 in Schedule 1 to the 2018 Regulations, that entry continues to have effect, as it had effect immediately before commencement, for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for entry clearance to enter the United Kingdom made by dependants of Tier 5 Migrants.

(4) 1.3A, 1.3A.1 and 1.3A.2 in Table 1 in Schedule 1 to the 2018 Regulations continue to have effect as they had effect immediately before commencement, without the amendments made by regulation 8(4)(l), (m) and (n), for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for entry clearance to enter the United Kingdom made by dependants of Innovators or Start-up Migrants.

(5) 1.4.6 in Table 1 in Schedule 1 to the 2018 Regulations continues to have effect as it had effect immediately before commencement, without the amendment made by regulation 8(4)(s), for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for entry clearance to enter the United Kingdom made by dependants of representatives of an overseas business.

(6) Despite the revocation by regulation 9(4)(c) of 6.2.7, 6.2.8, 6.2.9, 6.2.10 and 6.2.11 in Table 6 in Schedule 2 to the 2018 Regulations, those entries continue to have effect, as they had effect immediately before commencement, for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for limited leave to remain in the United Kingdom made by dependants of Tier 2 Migrants.

(7) Despite the revocation by regulation 9(4)(e) of 6.2.13 in Table 6 in Schedule 2 to the 2018 Regulations and the amendments made by regulation 9(6)(a) and (b), that entry and the references to it in 9.5 and 9.6 in Table 9 in that Schedule continue to have effect, as they had effect immediately before commencement, for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for limited leave to remain in the United Kingdom made by dependants of Tier 5 Migrants.

(8) 6.2A, 6.2A.1 and 6.2A.2 in Table 6 in Schedule 2 to the 2018 Regulations continue to have effect as they had effect immediately before commencement, without the amendments made by regulation 9(4)(f), (g) and (h), for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for limited leave to remain in the United Kingdom made by dependants of Innovators or Start-up Migrants.

(9) 6.3.1 in Table 6 in Schedule 2 to the 2018 Regulations continues to have effect as it had effect immediately before commencement, without the amendment made by regulation 9(4)(m), for the purposes of the provision by paragraph 3 of that Schedule of fees for applications for limited leave to remain in the United Kingdom by dependants of representatives of an overseas business.

(10) In this regulation—

“the 2018 Regulations” means the Immigration and Nationality (Fees) Regulations 2018;

“Appendix ST: Student migrant” means a person who—

(a)

has entry clearance to enter or limited leave to remain in the United Kingdom as a Student granted before commencement under Appendix ST: Student to the immigration rules, or

(b)

made an application before commencement for entry clearance to enter or limited leave to remain in the United Kingdom as a Student under that Appendix which had not been determined immediately before commencement;

“commencement” means 9.00 a.m. on 1st December 2020;

“dependant” has the meaning given by regulation 2 of the 2018 Regulations;

“the immigration rules” means the rules made under section 3(2) of the Immigration Act 1971(1);

“Innovator” means a person who—

(a)

has entry clearance to enter or limited leave to remain in the United Kingdom granted before commencement in the Innovator category under Appendix W to the immigration rules, or

(b)

made an application before commencement for entry clearance to enter or limited leave to remain in the United Kingdom in that category which had not been determined immediately before commencement;

“representative of an overseas business” means a person who—

(a)

has entry clearance to enter or limited leave to remain in the United Kingdom as a representative of an overseas business granted before commencement under Part 5 of the immigration rules, or

(b)

made an application before commencement for entry clearance to enter or limited leave to remain in the United Kingdom as a representative of an overseas business under that Part which had not been determined immediately before commencement;

“Start-up Migrant” means a person who—

(a)

has entry clearance to enter or limited leave to remain in the United Kingdom granted before commencement in the Start-up category under Appendix W to the immigration rules, or

(b)

made an application before commencement for entry clearance to enter or limited leave to remain in the United Kingdom in that category which had not been determined immediately before commencement;

“Tier 2 Migrant” means a person who—

(a)

has entry clearance to enter or limited leave to remain in the United Kingdom as a Tier 2 (Intra-Company Transfer) Migrant, a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant granted before commencement under Part 6A of the immigration rules, or

(b)

made an application before commencement under that Part for entry clearance to enter or limited leave to remain in the United Kingdom as a Tier 2 (Intra-Company Transfer) Migrant, a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant which had not been determined immediately before commencement;

“Tier 5 Migrant” means a person who—

(a)

has entry clearance to enter or limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) Migrant or a Tier 5 (Youth Mobility) Temporary Migrant granted before commencement under Part 6A of the immigration rules, or

(b)

made an application before commencement under that Part for entry clearance to enter or limited leave to remain in the United Kingdom as a Tier 5 (Temporary Worker) Migrant or a Tier 5 (Youth Mobility) Temporary Migrant which had not been determined immediately before commencement.

(1)

1971 c. 77.