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

Amendments to the Immigration and Nationality (Fees) Regulations 2018

8.—(1) Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) is amended as follows.

(2) In paragraph 1—

(a) the existing text becomes sub-paragraph (1);

(b) in that sub-paragraph omit the definitions of “short-term student” and “short-term student (child)”;

(c) after that sub-paragraph insert—

“(2) In this Schedule, a reference to an application for entry clearance under an Appendix to the immigration rules being for entry clearance—

(a) as the dependant partner or dependant child of a particular description of person, or

(b) as a dependant partner or dependant child, or any other description of dependant, on a particular route under that Appendix,

is to be construed in accordance with the Appendix in question.”

(3) In paragraph 2(5A) for the words from “as a Tier 2 (General) Migrant” to the end substitute “under Appendix Skilled Worker to the immigration rules”.

(4) In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom)—

(a) in 1.1.1 in the second column at the end insert “, except where the fee at 1.1.7 applies.”;

(b) in 1.1.7 for the words in the second column substitute “Application for entry clearance as a transit visitor under Appendix V: Visitor to the immigration rules(1).”;

(c) in 1.2 in the heading for “Fees” substitute “Fee”;

(d) omit 1.2.1;

(e) in 1.2.2 for the words in the second column substitute “Application for entry clearance under Appendix Short-term Student to the immigration rules(2).”;

(f) omit 1.2.3;

(g) in 1.3 in the heading for “, and connected applications, under the Points-Based System” substitute “under Tier 1 or as a worker, temporary worker or student”;

(h) after 1.3.6 insert—

“1.3.6A	Application for entry clearance— (a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, (b) under Appendix Intra-Company Routes to those rules, on the Intra-Company Transfer route under that Appendix, other than as a dependant partner or dependant child on that route, (c) under Appendix T2 Minister of Religion to those rules, other than as a dependant partner or dependant child on the T2 Minister of Religion route under that Appendix, or (d) under Appendix T2 Sportsperson to those rules, other than as a dependant partner or dependant child on the T2 Sportsperson route under that Appendix, where a certificate of sponsorship has been issued for a period of three years or less and fee 1.3.6C does not apply.	£610
1.3.6B	Application for entry clearance— (a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, or (b) under Appendix Intra-Company Routes to those rules, on the Intra-Company Transfer route under that Appendix, other than as a dependant partner or dependant child on that route, where a certificate of sponsorship has been issued for a period of more than three years and fee 1.3.6D does not apply.	£1,220
1.3.6C	Application for entry clearance under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of three years or less.	£464
1.3.6D	Application for entry clearance under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of more than three years.	£928
1.3.6E	Application for entry clearance under Appendix Intra-Company Routes to the immigration rules, on the Intra-Company Graduate Trainee route under that Appendix, other than as a dependant partner or dependant child on that route.	£482
1.3.6F	Application for entry clearance— (a) under Appendix T5 (Temporary Worker) Seasonal Worker to the immigration rules, (b) under Appendix T5 (Temporary Worker) Youth Mobility Scheme to those rules, (c) under Appendix T5 (Temporary Worker) Religious Worker to those rules, other than as a dependant partner or dependant child on the Religious Worker route under that Appendix, (d) under Appendix T5 (Temporary Worker) Charity Worker to those rules, other than as a dependant partner or dependant child on the Charity Worker route under that Appendix, (e) under Appendix T5 (Temporary Worker) Creative or Sporting Worker to those rules, other than as a dependant partner or dependant child on the Creative or Sporting Worker route under that Appendix, (f) under Appendix T5 (Temporary Worker) International Agreement Worker to those rules, other than as a dependant partner or dependant child on the International Agreement Worker route under that Appendix, or (g) under Appendix T5 (Temporary Worker) Government Authorised Exchange Worker to those rules, other than as a dependant partner or dependant child on the Government Authorised Exchange Worker route under than Appendix.(3)	£244”

(i) omit 1.3.7, 1.3.8, 1.3.9, 1.3.10 and 1.3.11;

(j) in 1.3.11A in the second column—

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

(ii) omit “(within the meaning those expressions have in that Appendix)”;

(iii) for “Appendix CS: Child Student” substitute “Appendix Child Student”;

(k) omit 1.3.13;

(l) in 1.3A in the heading for “as an Innovator or Start-up Migrant” substitute “under Appendix Innovator or Appendix Start-up to the immigration rules”(4);

(m) in 1.3A.1 in the second column for “as an Innovator” substitute “under Appendix Innovator to the immigration rules, other than as a dependant partner or dependant child on the Innovator route under that Appendix”;

(n) in 1.3A.2 in the second column for “as a Start-up Migrant” substitute “under Appendix Start-up to the immigration rules, other than as a dependant partner or dependant child on the Start-up route under that Appendix”;

(o) in 1.3B in the heading for “as a Global Talent Migrant” substitute “under Appendix Global Talent to the immigration rules”;

(p) in 1.3B.1 in the second column for “as a Global Talent Migrant” substitute “under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix”;

(q) in 1.3B.2 and 1.3B.3 in the second column for “as a Global Talent Migrant” substitute “under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix,”;

(r) after 1.3B.3 insert—

“1.3C	Fees for applications for entry clearance to enter or leave to enter the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules, other than as a specified dependant
1.3C.1	Application for entry clearance or limited leave to enter the United Kingdom for a period of thirty months under Appendix Hong Kong British National (Overseas) to the immigration rules(5), other than as— (a) a dependant partner on the BN(O) Status Holder route or the BN(O) Household Member route under that Appendix, (b) a BN(O) Household Child or BN(O) Adult Dependant Relative (within the meaning those expressions have in that Appendix) on the BN(O) Status Holder route under that Appendix, or (c) a dependant child on the BN(O) Household Member route under that Appendix.	£180
1.3C.2	Application for entry clearance or limited leave to enter the United Kingdom for a period of five years under Appendix Hong Kong British National (Overseas) to the immigration rules, other than as— (a) a dependant partner on the BN(O) Status Holder route or the BN(O) Household Member route under that Appendix, (b) a BN(O) Household Child or BN(O) Adult Dependant Relative (within the meaning those expressions have in that Appendix) on the BN(O) Status Holder route under that Appendix, or (c) a dependant child on the BN(O) Household Member route under that Appendix.	£250”

(s) in 1.4.6 for the words in the second column substitute “Application for entry clearance under Appendix Representative of an Overseas Business to the immigration rules(6), other than as a dependant partner or dependant child on the Representative of an Overseas Business route under that Appendix.”;

(5) In Table 2 (specified fees for dependants)—

(a) omit 2.1.2, 2.1.3 and 2.1.5;

(b) at the end insert—

“2.1.6

Application for entry clearance under Appendix Global Talent to the immigration rules as a dependant partner or dependant child on the Global Talent route under that Appendix.

£608”

(6) In Table 4 (exceptions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom)—

(a) in 4.3 in the heading for “the EC Association Agreement with Turkey” substitute “Appendix ECAA Extension of Stay to the immigration rules(7)”;

(b) in 4.3.1 in the second column for “the terms of the EC Association Agreement with Turkey” substitute “Appendix ECAA Extension of Stay to the immigration rules”;

(c) at the end insert—

“4.7	Applications for entry clearance under Appendix Service Providers from Switzerland to the immigration rules(8)
4.7.1	No fee is payable in respect of an application for entry clearance to enter the United Kingdom made under Appendix Service Providers from Switzerland to the immigration rules.	Fee 1.5.1
4.8	Applications for entry clearance under Appendix S2 Healthcare Visitor to the immigration rules(9)
4.8.1	No fee is payable in respect of an application for entry clearance to enter the United Kingdom made under Appendix S2 Healthcare Visitor to the immigration rules.	Fees 1.1.1, 1.1.6 and 1.5.1”

(7) In Table 5 (waivers or reductions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom) in 5.2.1 in the third column for “1.2.1, 1.2.2, 1.2.3” substitute “1.2.2”.

(8) For paragraph 3A substitute—

“Reduction of fees for Health and Care Visa applications and related applications by dependants

3A.— (1) In this paragraph—

a “Health and Care Visa application” means an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where the certificate of sponsorship issued in respect of the application confirms the applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance;

a “relevant dependant’s application” means an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker where—

(a)

the certificate of sponsorship issued in respect of the application by the main applicant confirms the main applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance, or by the Tier 2 Policy Guidance where the main applicant’s application was made before 9.00 a.m. on 1st December 2020, or

(b)

the applicant has a sponsor’s letter or email referred to in paragraph 9 of the Health and Care Visa Guidance.

(2) In the case of a Health and Care Visa application, the fee under 1.3.6A, 1.3.6B, 1.3.6C or 1.3.6D of Table 1 payable in respect of an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules is to be reduced—

(a) by £378, where it is the fee specified by 1.3.6A of that Table;

(b) by £756, where it is the fee specified by 1.3.6B of that Table;

(c) by 50%, where it is the fee specified by 1.3.6C or 1.3.6D of that Table.

(3) In the case of a relevant dependant’s application where the application by the main applicant was made at or after 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a) by £378, where it is the fee specified by 1.3.6A of that Table;

(b) by £756, where it is the fee specified by 1.3.6B of that Table;

(c) by 50%, where it is the fee specified by 1.3.6C or 1.3.6D of that Table.

(4) In the case of a relevant dependant’s application where the application by the main applicant was made before 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a) by £378, where it is the fee specified by 1.3.7 of Table 1 as it continues to have effect by virtue of regulation 14(1) of the Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020;

(b) by £756, where it is the fee specified by 1.3.8 of that Table as it continues to have effect by virtue of that regulation;

(c) by 50%, where it is the fee specified by 1.3.9 or 1.3.10 of that Table as it continues to have effect by virtue of that regulation.

(5) In sub-paragraph (1)—

(a) the references to “the Health and Care Visa Guidance” are references to the document entitled “Health and Care Visa Guidance” published by the Home Office(10);

(b) the reference to “the Tier 2 Policy Guidance” is a reference to the document entitled “Tier 2 of the Points-Based System – Policy Guidance” published by the Home Office(11).”

(9) In paragraph 4—

(a) in sub-paragraph (1) after “within sub-paragraph (2)” insert “or (2A)”;

(b) in sub-paragraph (2) omit paragraphs (d) to (h);

(c) after sub-paragraph (2) insert—

“(2A) An application is of a kind within this sub-paragraph if it is an application for entry clearance to enter the United Kingdom under any of the following Appendices to the immigration rules—

(a) Appendix Skilled Worker;

(b) Appendix Intra-Company Routes;

(c) Appendix T2 Minister of Religion;

(d) Appendix T2 Sportsperson;

(e) Appendix T5 (Temporary Worker) Seasonal Worker;

(f) Appendix T5 (Temporary Worker) Religious Worker;

(g) Appendix T5 (Temporary Worker) Charity Worker;

(h) Appendix T5 (Temporary Worker) Creative or Sporting Worker;

(i) Appendix T5 (Temporary Worker) International Agreement Worker;

(j) Appendix T5 (Temporary Worker) Government Authorised Exchange Worker;

(k) Appendix Innovator;

(l) Appendix Start-up;

(m) Appendix Global Talent.”

(1)

Appendix V: Visitor was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(2)

Appendix Short-term Student was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(3)

Appendix T5 (Temporary Worker) Seasonal Worker, Appendix T5 (Temporary Worker) Youth Mobility Scheme, 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 and Appendix T5 (Temporary Worker) Government Authorised Exchange Worker were added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(4)

Appendix Innovator and Appendix Start-up were added to the immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(5)

Appendix Hong Kong British National (Overseas) was added to the immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(6)

Appendix Representative of an Overseas Business was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(7)

Appendix ECAA Extension of Stay was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(8)

Appendix Service Providers from Switzerland was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(9)

Appendix S2 Healthcare Visitor was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 22nd October 2020 (HC 813).

(10)

“Health and Care Visa Guidance” is accessible via www.gov.uk.

(11)

“Tier 2 of the Points-Based System – Policy Guidance” is accessible via www.gov.uk.