The Immigration and Nationality (Fees)(Amendment) 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 “assistance” insert—

““charity” means an English charity, a Scottish charity or a Northern Ireland charity;”

(b) after the definition of “dependant” insert—

““English charity” means—

(a)

subject to paragraph (b), a charity as defined in section 1 of the Charities Act 2006(2);

(b)

prior to the commencement of section 1 of the Charities Act 2006, a charity within the meaning of section 96 of the Charities Act 1993(3);”;

(c) after the definition of “leave to remain” insert—

““Northern Ireland charity” means a charity within the meaning of section 35 of the Charities Act (Northern Ireland) 1964(4);”;

(d) after the definition of “school teacher” insert—

““Scottish charity” means a body entered in the Scottish Charity Register;

“small sponsor” means a sponsor that is either—

(a)

subject to paragraph (b)—

(i)

a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006(5); or

(ii)

in the case of a person who is not a company for the purposes of sections 382 and 383 of the Companies Act 2006 and therefore does not qualify as small in accordance with those sections, a person who employs no more than 50 employees;

(b)

prior to the commencement of sections 382 and 383 of the Companies Act 2006—

(i)

a company that qualifies as small or medium sized for the purposes of section 247 of the Companies Act 1985(6); or

(ii)

in the case of a person who is not a company for the purposes of section 247 of the Companies Act 1985 and therefore does not qualify as small or medium-sized in accordance with that section, a person who employs no more than 50 employees; or

(c)

a charity.

“sponsor” means a person who is granted a sponsorship licence;

“sponsorship licence” means a licence granted by the Secretary of State to a person who, by virtue of such grant, is licensed as a sponsor;”.

(3) Omit regulation 4 (Fees for applications for leave in the United Kingdom).

(4) After regulation 5 (Fees for applications for leave in the United Kingdom) insert—

“5A.— (1) In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 1 (General) migrant under the immigration rules, the fee is that specified in paragraph (2).

(2) The fee is—

(a) subject to sub-paragraph (b), £750 for an application made by post or courier; or

(b) £350 for an application made by post or courier by a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application.

(3) This regulation is subject to regulations 9, 12, 13 and 14.

5B.— (1) In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom, other than an application referred to in paragraph (2), where such application is made in person at the relevant Public Enquiry Office of the Border and Immigration Agency of the Home Office, the fee is £595.

(2) The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom—

(a) for work permit employment;

(b) for the purposes of employment under the Sectors-Based Scheme;

(c) for Home Office approved training;

(d) as a seasonal agricultural worker;

(e) as a person intending to establish himself in business;

(f) as an innovator;

(g) as an investor;

(h) as a retired person of independent means;

(i) as a sole representative,

(j) as a student;

(k) to re-sit an examination;

(l) to write up a thesis;

(m) as a student union sabbatical officer; or

(n) as a prospective student,

under the immigration rules.

(3) This regulation is subject to regulations 7, 11, 12, 13 and 14.”.

(5) In regulation 7, (Exceptions in respect of fees for leave to remain applications) omit “indefinite”.

(6) In regulation 9, (Exceptions in respect of fees for leave to remain applications), for “4” substitute “5A”.

(7) In regulation 10, (Exceptions in respect of fees for leave to remain applications), omit “, 4”.

(8) In regulation 11, (Exceptions in respect of fees for leave to remain applications), after “regulation” insert “5B or”.

(9) In regulation 12, (Exceptions in respect of fees for leave to remain applications), omit “4,” and after “5” insert “,5A, 5B”.

(10) In regulation 17 (Fees for immigration employment documents) omit “, or remain in,”.

(11) After regulation 20 (Fees for nationality applications) insert—

“Fees for sponsorship applications

20A.— (1) In the case of an application to which article 3(2)(p) of the 2007 Order applies, where such application is not in respect of a person who if granted a sponsorship licence would be a small sponsor, the fee is £1000.

Fees for entry clearance applications

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

(a) subject to sub-paragraph (b), where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules, the fee is £600;

(b) where the application is for entry clearance as a Tier 1 (General) migrant under the immigration rules and is made by 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;

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

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

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

(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) outside the immigration rules on an application by entertainers as referred to in Chapter 17 Section 3 of the Immigration Directorate’s Instructions dated April 2007(7);

(v) outside the immigration rules on an application by sportsmen and sportswomen as referred to in Chapter 17 Section 8 of the Immigration Directorate’s Instructions dated August 2001;

(vi) outside the immigration rules on an application by voluntary workers as referred to in Chapter 17 Section 9 of the Immigration Directorate’s Instructions dated July 2003; or

(vii) for passing through the United Kingdom,

the fee is £205.

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

Exceptions and waivers in respect of fees for entry clearance applications

20C.   No fee is payable in relation to an application referred to in regulation 20B where—

(a) it is in connection with the official duty of any official of Her Majesty’s Government;

(b) it is for the purpose of family reunion under Part 11 of the immigration rules; or

(c) the Secretary of State determines that the fee should be waived.

20D.   The official determining the application may waive the payment of a fee required under regulation 20B where—

(a) it is made by a candidate for or holder of a scholarship funded by Her Majesty’s Government and is in connection with such scholarship; or

(b) where the official so decides as a matter of international courtesy.

Fee for a certificate of entitlement to the right of abode

20E.   In the case of an application to which article 3(2)(lb) of the 2007 Order applies, where such application is made by an applicant who is outside the United Kingdom the fee is £205.”.

(1)

2007/1158.

(2)

2006 c. 50.

(3)

1993 c. 10.

(4)

1964 c. 33 (N.I.).

(5)

2006 c. 46.

(6)

1985 c. 6.

(7)

The Immigration Directorate’s Instructions are available on the website of the Border and Immigration Agency of the Home Office.