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The Immigration and Nationality (Fees) Regulations 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Immigration and Nationality (Fees) Regulations 2012 No. 971

PART 2FEES FOR APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Fees for standard applications and PEO applications for leave to remain in the United Kingdom

2.—(1) Subject to paragraph (7), Table 1 specifies, in respect of each of the applications for limited leave to remain in the United Kingdom listed in the second column of that table, the amount of the fee where the application is made as a standard application and the amount of the fee where it is made as a PEO application.

(2) Table 2 specifies, in respect of each of the applications for indefinite leave to remain in the United Kingdom listed in the second column of that table, the amount of the fee where the application is made as a standard application and the amount of the fee where it is made as a PEO application.

(3) Table 3 provides for exceptions to the requirement to pay the fees specified in Tables 1 and 2.

(4) The fees specified in Tables 1 and 2 for applications for leave to remain in the United Kingdom as the dependant of a person making such an application (“the main applicant”) apply where—

(a)in the case of standard applications, the application is made at the same time and by the same method as the main applicant’s application;

(b)in the case of PEO applications which are made in person at a Public Enquiry Office, the application is made at the same Public Enquiry Office and on the same day as the main applicant’s application; or

(c)in the case of PEO applications which are online applications the application is made at the same time and by the same method as the main applicant’s application.

(5) In a case not specified in paragraph (4), the fee for an application for leave to remain in the United Kingdom as the dependant of the main applicant will be the fee specified for the main applicant’s application.

(6) The fees specified in Tables 1 and 2 are subject to paragraph 3 (Multiple applications for leave to remain in the United Kingdom).

(7) In respect of applications for limited leave to remain as a Tier 5 (Temporary Worker) migrant (including applications to remain as a dependant of such a person), Table 1 specifies the amount of the fee for a PEO application(1).

Table 1 (Fees for standard applications and PEO applications for limited leave to remain in the United Kingdom)
Number of feeType of application for limited leave to remainAmount of fee for standard applicationsAmount of fee for PEO applications
1.1General fees for applications for limited leave to remain in the United Kingdom
1.1.1Application for limited leave to remain where the fee is not specified elsewhere in this table or in other immigration and nationality fees regulations.£561£867
1.1.2Application for limited leave to remain as the dependant of a person making an application for limited leave to remain to which fee 1.1.1 applies.£281£434
1.2Fees for applications for limited leave to remain in the United Kingdom under the Points-Based System
1.2.1Application for limited leave to remain as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant where fee 1.2.2 does not apply.£1,020£1,326
1.2.2Application for limited leave to remain as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant where the applicant is a CESC national.£918£1,193
1.2.3Application for limited leave to remain as a Tier 1 (General) Migrant where fees 1.2.4 and 1.2.5 do not apply.£1,500£1,800
1.2.4Application for limited leave to remain as a Tier 1 (General) Migrant where the applicant is a CESC national and fee 1.2.5 does not apply.£1,350£1,620
1.2.5Application for limited leave to remain as a Tier 1 (General) Migrant where the applicant has been previously granted a Highly Skilled Migrant Approval Letter under Part 6A of the immigration rules that is valid for such an application.£500£700
1.2.6Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant where fee 1.2.7 does not apply.£700£1,000
1.2.7Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant where the applicant is a CESC national.£630£900
1.2.8Application for limited leave to remain as a Tier 1 (Investor) Migrant.£1,020£1,326
1.2.9Application for limited leave to remain as a Tier 2 Migrant where fees 1.2.10, 1.2.11 and 1.2.12 do not apply.£561£867
1.2.10Application for limited leave to remain as a Tier 2 Migrant where the applicant is a CESC national and fee 1.2.12 does not apply.£505£780
1.2.11Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months where fee 1.2.12 does not apply.£400£700
1.2.12Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months where the applicant is a CESC national.£360£630
1.2.13Application for limited leave to remain as a Tier 4 Migrant.£394£716
1.2.14Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant where fee 1.2.15 does not apply.-£661
1.2.15Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant where the applicant is a CESC national.-£595
1.3Fees for applications for limited leave to remain in the United Kingdom by dependants of those applying for limited leave to remain under the Points-Based System
1.3.1Application for limited leave to remain as the dependant of a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant.£510£663
1.3.2Application for limited leave to remain as the dependant of a Tier 1 (General) Migrant where fee 1.3.3 does not apply.£750£900
1.3.3Application for limited leave to remain as the dependant of a Tier 1 (General) Migrant who has been previously granted a Highly Skilled Migrant Approval Letter under Part 6A of the immigration rules that is valid for such an application.£250£350
1.3.4Application for limited leave to remain as the dependant of a Tier 1 (Graduate Entrepreneur) Migrant.£350£500
1.3.5Application for limited leave to remain as the dependant of a Tier 1 (Investor) Migrant.£510£663
1.3.6Application for limited leave to remain as the dependant of a Tier 2 Migrant where fee 1.3.7. does not apply.£281£434
1.3.7Application for limited leave to remain as the dependant of a Tier 2 (Intra-Company Transfer) Migrant with limited leave to remain in the United Kingdom for a period of not more than 12 months.£200£350
1.3.8Application for limited leave to remain as the dependant of a Tier 4 (General) Student.£197£358
1.3.9Application for limited leave to remain as the dependant of a Tier 5 (Temporary Worker) Migrant.-£330
1.4Fees for other applications for limited leave to remain in the United Kingdom
1.4.1Application for limited leave to remain as a representative of an overseas business under Part 5 of the immigration rules.£1,020-
1.4.2Application for limited leave to remain as the dependant of a representative of an overseas business under Part 5 of the immigration rules.£510-
1.4.3Application for limited leave to remain as a retired person of independent means under Part 7 of the immigration rules.£1,020-
1.4.4Application for limited leave to remain as the dependant of a retired person of independent means under Part 7 of the immigration rules.£510-
Table 2 (Fees for standard applications and PEO applications for indefinite leave to remain in the United Kingdom)
Number of feeType of application for indefinite leave to remainAmount of fee for standard applicationsAmount of fee for PEO applications
2.1General fees for applications for indefinite leave to remain in the United Kingdom
2.1.1Application for indefinite leave to remain where the fee is not specified elsewhere in this table or in other immigration and nationality fees regulations.£991£1,377
2.1.2Application for indefinite leave to remain as the dependant of a person making an application for limited leave to remain to which fee 2.1.1 applies.£496£689
2.2Fee for applications for indefinite leave to remain in the United Kingdom by dependent relatives of a person present and settled in the United Kingdom
2.2.1Application for indefinite leave to remain as a parent, grandparent or other dependent relative of a person present and settled in the United Kingdom under paragraph 317 of the immigration rules.£1,850£2,258
2.3Fees for applications for indefinite leave to remain in the United Kingdom in respect of CESC nationals
2.3.1Application for indefinite leave to remain where the applicant is a CESC national and a work permit holder.£893£1,239
2.3.2Application for indefinite leave to remain where the applicant is a CESC national and a Highly Skilled Migrant.£893£1,239
2.3.3Application for indefinite leave to remain where the applicant is a CESC national applying as a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a Tier 1 (General) Migrant or a Tier 2 Migrant.£893£1,239
Table 3 (Exceptions)
Number and description of the exceptionFees to which exception applies
3.1Article 3 or Refugee Convention applications
No fee is payable in respect of an Article 3 or Refugee Convention application.Fees 1.1.1, 1.1.2, 2.1.1 and 2.1.2.
3.2Destitute victims of domestic violence
No fee is payable in respect of an application as a victim of domestic violence under paragraph 289A of the immigration rules, where at the time of making the application the applicant appears to the Secretary of State to be destitute.Fees 2.1.1 and 2.1.2.
3.3Short term variation of leave to enter or remain
No fee is payable in respect of an application made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to remain in the United Kingdom for a period of up to 6 months.Fees 1.1.2, 1.2.13 to 1.2.15, 1.3.1 to 1.3.9, 1.4.2 to 1.4.4.
3.4Children being provided with assistance by a local authority
No fee is payable in respect of an application made in respect of a person who, at the time of making the application is a child and is being provided with assistance by a local authority.Fees 1.1.1, 1.2.13 to 1.2.15, 2.1.1, 2.2.1 and 2.3.1 to 2.3.3.
3.5Applications under the EC Association Agreement with Turkey
No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.All fees in Table 1.
3.6Applications by Olympic or Paralympic Games Family Member Visitors
No fee is payable in respect of an application made under paragraphs 56R to 56T of the immigration rules(2).Fee 1.1.1
3.7Applications by Olympic or Paralympic Games Family Member Child Visitors
No fee is payable in respect of an application made under paragraphs 56U to 56W of the immigration rules(3).Fee 1.1.1.
3.8Applications from qualifying work permit holders
No fee is payable in respect of an application from a qualifying work permit holder.Fees 1.2.9 to 1.2.12.

Multiple applications for leave to remain in the United Kingdom

3.—(1) A single fee shall be payable where two or more applications for limited or indefinite leave to remain in the United Kingdom in respect of the same person—

(a)are made at the same time; or

(b)are being considered at the same time by the Secretary of State.

(2) Where the fees in respect of applications are different, the fee shall be the higher, or the highest, of the fees specified in respect of those applications.

Fees in respect of applications for leave to remain in the United Kingdom made on a premium case working basis

4.—(1) The fee for an application for leave to remain in the United Kingdom which is made on a premium case working basis is the fee that would be payable under these Regulations if the application was made as a PEO application.

(2) In addition to the fee specified in sub-paragraph (1), a fee of £6000 is payable for the attendance by a representative of the Secretary of State at a premises for the purposes of an application for leave to remain in the United Kingdom made on a premium case working basis.

(1)

The fee for a standard application is specified in other immigration and nationality fees regulations.

(2)

Paragraphs 56R to 56T were inserted by the statement of changes in immigration rules presented to Parliament on 10th October 2011 (HC 1511).

(3)

Paragraphs 56R to 56W were inserted by the statement of changes in immigration rules presented to Parliament on 10th October 2011 (HC 1511).

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