The Immigration and Nationality (Fees)(Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration and Nationality (Fees) Order 2007, S.I. 2007/807, (“the 2007 Order”) so as to require applications for sponsorship licences to 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”).

A person may apply to the Secretary of State to be licensed as a sponsor in order that they may be issued with certificates of sponsorship in respect of applicants, or potential applicants, who are applying for leave to enter or remain in the United Kingdom. The immigration rules will identify those applications which are required to be considered under a Points Based System.

A sponsor will be B rated if the sponsor meets the requirements to be a sponsor, but needs to take further action in order to be A rated. This Order amends the 2007 Order so as to provide that, in respect of the process of issuing to a B rated sponsor an action plan to enable the sponsor, subject to complying with the action plan, to obtain an A rating, a fee as specified in regulations made under section 51(3) of the 2006 Act is to be charged by the Secretary of State.

This Order also amends the 2007 Order so as to provide that a fee in respect of the process of issuing certificates of sponsorship as specified in regulations made under section 51(3) of the 2006 Act is to be charged by the Secretary of State.

This Order also amends the 2007 Order so as to provide that a fee specified in regulations under section 51(3) of the 2006 Act is to be charged by the Secretary of State in relation to applications for:

(a) entry clearance to the United Kingdom;

(b) a transit visa for a person passing through, but not entering, the United Kingdom;

(c) a document recording biometric information in relation to a person subject to immigration control;

(d) a certificate of entitlement for the right of abode in the United Kingdom.

A full regulatory impact assessment has not been produced for this instrument as such an assessment will be produced before regulations are made under section 51(3) of the 2006 Act setting the levels of fees to be charged by the Secretary of State for applications and processes specified in this instrument.