The Immigration and Nationality (Fees) Order 2007

Draft Order laid before Parliament under section 52(4)(b) of the Immigration, Asylum and Nationality Act 2006, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2007 No.

immigration

The Immigration and Nationality (Fees) Order 2007

Made

Coming into force

A draft of this Order has been laid before and approved by a resolution of each House of Parliament, in pursuance of section 52(4)(b) of the Immigration, Asylum and Nationality Act 2006(1);

In exercise of the power conferred on him by section 51(1) and (2)(a) of that Act and with the consent of the Treasury, the Secretary of State makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Immigration and Nationality (Fees) Order 2007 and shall come into force on the day after the day on which it is made.

2.  In this Order—

“the 1971 Act” means the Immigration Act 1971(2);

“the 1981 Act” means the British Nationality Act 1981(3);

“the 1997 Act” means the British Nationality (Hong Kong) Act 1997(4);

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006;

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

“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act.

Requirement to pay a fee for applications in connection with immigration or nationality

3.—(1) An application in connection with immigration or nationality to which this article applies must be accompanied by the fee for the time being specified in relation to the application in question in regulations made under section 51(3) of the 2006 Act.

(2) This article applies to applications for—

(a) leave to remain in the United Kingdom given in accordance with the provisions of, or made under, the 1971 Act;

(b) variation of leave to enter, or remain in, the United Kingdom given in accordance with the provisions of, or made under, the 1971 Act;

(c) the fixing of a stamp, sticker or other attachment which indicates that a person has been granted limited, or indefinite, leave to enter, or remain in, the United Kingdom on a passport or other document issued to the applicant;

(d) an immigration employment document, that is to say a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom;

(e) a travel document not including a passport;

(f) naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act;

(g) naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act;

(h) registration as a British citizen under section 1(3) or (4), 3(1), (2)(5) or (5)(6), 4(2) or (5), 4A(7), 4B(8), 4C(9), 10(1)(10) or (2)(11), or 13(1) or (3) of the 1981 Act, or paragraph 3(12), 4(13) or 5 of Schedule 2 to that Act;

(i) registration as a British overseas territories citizen under sections 24 and 13(1) or (3), or section 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of the 1981 Act, or paragraph 3, 4 or 5 of Schedule 2 to that Act;

(j) registration as a British overseas citizen under section 27(1) of the 1981 Act, or paragraph 4 or 5 of Schedule 2 to that Act;

(k) registration as a British subject under section 32 of the 1981 Act, or paragraph 4 of Schedule 2 to that Act;

(l) registration as a British citizen under section 1 of the 1997 Act;

(m) permission to marry in the United Kingdom under section 19(3)(b), 21(3)(b) or 23(3)(b) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(14); and

(n) permission to form a civil partnership in the United Kingdom under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004(15).

Requirement to pay a fee in respect of the provision on request of a service in connection with nationality

4.—(1) In respect of the provision on request of a service in connection with nationality to which this article applies, the fee for the time being specified in regulations made under section 51(3) of the 2006 Act as payable in connection with that service is to be charged by the Secretary of State.

(2) This article applies to the following services—

(a) the registration of a declaration of a renunciation of British citizenship under section 12 of the 1981 Act;

(b) the registration of a declaration of a renunciation of British overseas territories citizenship under sections 24 and 12 of the 1981 Act;

(c) the registration of a declaration of a renunciation of British Overseas citizenship under sections 29 and 12 of the 1981 Act;

(d) the registration of a declaration of a renunciation of the status of British subject under sections 34 and 12 of the 1981 Act;

(e) the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony);

(f) the administration of a citizenship oath, or oath and pledge (where not administered at a citizenship ceremony); and

(g) the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former nationality Acts, or the 1997 Act.

Minister of State

Home Office

EXPLANATORY NOTE

(This note is not part of the Order)

Article 3 requires that the applications in connection with immigration or nationality specified in that article be accompanied by a specified fee. The fee will be specified in regulations made by the Secretary of State under section 51(3) of the Immigration, Asylum and Nationality Act 2006 (“the 2006 Act”).

Article 4 provides that the fee specified in regulations made under section 51(3) of the 2006 Act in connection with a service to which that article applies is to be charged by the Secretary of State.

(1)

2006 c. 13.

(2)

1971 c. 77.

(3)

1981 c. 61.

(4)

1997 c. 20.

(5)

Amended by section 5 of, and paragraph 3(1) and (2) of Schedule 1 to the British Overseas Territories Act 2002, c. 8.

(6)

Amended by section 5 of, and paragraph 3(1) and (4) of Schedule 1 to the British Overseas Territories Act 2002, c. 8.

(7)

Inserted by section 4 of the British Overseas Territories Act, c. 14.

(8)

Inserted by section 12 of the Nationality, Immigration and Asylum Act 2002, c. 41.

(9)

Inserted by section 13 of the Nationality, Immigration and Asylum Act 2002, c. 41.

(10)

Amended by sections 5(a) and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002, c. 41.

(11)

Amended by sections 5(a) and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002, c. 41 and by section 261(1) of, and paragraph 73 of Schedule 27 to, the Civil Partnership Act 2004, c. 33.

(12)

Amended by section 1(1)(b) of the British Overseas Territories Act 2002, c. 8 and by sections 8 and 161 of, and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002, c. 41.

(13)

Amended by sections 1(1)(b) and 2(2)(b) of the British Overseas Territories Act 2002, c. 8.

(14)

2004 c. 19.

(15)

2004 c. 33.