The Immigration and Nationality (Fees) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Secretary of State specified in the Immigration and Nationality (Fees) Order 2007 (S.I. 2007/807), those matters in connection with immigration or nationality in respect of which he was going to charge a fee. These Regulations specify a fee for certain of those matters and also set out the relevant exceptions. These Regulations also set out the consequences of failing to pay those specified fees. The fees for the other matters specified in that Order will be specified in other Regulations made under section 51(3) of the Immigration, Asylum and Nationality Act 2006.

The Secretary of State in prescribing a fee for the applications referred to in these Regulations has, relying on section 42(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, prescribed an amount which is intended to exceed the administrative cost of determining the application and reflects benefits that he thinks are likely to accrue to the person who makes the application or to whom the application relates, if the application is successful.

The Secretary of State has in these Regulations specified fees for the following types of applications for leave to remain in the United Kingdom:

(a) Limited leave to remain in the United Kingdom:

(i) for work permit employment;

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

(iii) for Home Office approved training or work experience; or

(iv) as a seasonal agricultural worker,

under the immigration rules (regulation 3).

(b) Limited leave to remain in the United Kingdom as a highly skilled migrant under the immigration rules (regulation 4).

(c) Limited leave to remain as:

(i) a person seeking to establish himself in business;

(ii) an innovator;

(iii) an investor;

(iv) a retired person of independent means; or

(v) a sole representative,

under the immigration rules (regulation 5).

(d) Indefinite leave to remain in the United Kingdom other than an application referred to in regulation 7, (regulation 6).

Regulations 7 to 14 provide a number of exceptions to the requirement to pay a specified fee.

The fee for an application for an immigration employment document made in respect of a person seeking to enter, or remain in, the United Kingdom under the Highly Skilled Migrant Programme is set out in regulation 17.

The fee for all other applications for an immigration employment document, other than in respect of persons seeking leave to enter or remain in the United Kingdom as a seasonal agricultural worker under the immigration rules or as a school teacher employed in England is set out in regulation 15.

Such applications need not be accompanied by a specified fee if they are made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.

The fee for an application for naturalisation as a British citizen or British overseas territories citizen is set out in regulation 19.

The fees for an application for registration as a British citizen, British overseas territories citizen, British overseas citizen or British subject are set out in regulation 20.

By virtue of regulations 19(2) and 20(2), the total fee payable in respect of certain multiple applications for registration or naturalisation is the same as that for a single application.

By virtue of regulation 21, an application referred to in these Regulations will not be considered to be validly made unless it is accompanied by the specified fee. However in respect of leave to remain applications, made before 21st May 2007 where such an application is not accompanied by that fee, the Secretary of State will write to the applicant to inform them that they need to pay that fee. If the fee is not paid within 28 days of that letter being posted, the application will be treated as invalid.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the BIA website: www.bia.homeoffice.gov.uk. Alternatively please contact Steve Birtwistle, BIA Charging policy, W8D, Moorfoot, Sheffield, S3 8WA. In addition, it is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.