The Immigration and Nationality (Cost Recovery Fees)(Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Secretary of State specified in the Immigration and Nationality (Fees) (Amendment) Order 2008 (S.I. 2008/166) (the “2008 Amendment Order”), which amends the Immigration and Nationality (Fees) Order 2007 (S.I. 2007/807), matters in connection with immigration or nationality in respect of which she was going to charge a fee. These Regulations specify a fee for certain of those matters which are charged at or below the normal administrative costs of such matters. The fees for certain other matters specified in the 2008 Amendment Order will be specified in the Immigration and Nationality (Fees) (Amendment) Regulations 2008 which are subject to the approval of each House of Parliament.

The Secretary of State has in regulation 2(4) of these Regulations specified fees for entry clearance to the United Kingdom:

(a) as a visitor for six months or less under the immigration rules;

(b) as a student under the immigration rules;

(c) outside the immigration rules on an application by entertainers in accordance with Chapter 17 Section 3 of the Immigration Directorate’s Instructions dated April 2007;

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

(e) outside the immigration rules on an application by voluntary workers in accordance with Chapter 17 Section 9 of the Immigration Directorate’s Instructions dated July 2003;

(f) for passing through the United Kingdom.

Regulations 10B and 10C as inserted by regulation 2(4) provide for exceptions and waivers, respectively, to the requirement to pay a specified fee for entry clearance applications.

The Secretary of State has also in these Regulations specified a fee for:

(a) a direct airside transit visa (regulation 2(6));

(b) a certificate of entitlement to the right of abode in the United Kingdom, made in respect of an applicant who is in the United Kingdom (regulation 2(6)); and

(c) a sponsorship licence which is granted to a small sponsor (as defined in these Regulations) (regulation 2(7)).

These Regulations also amend the fee levels for applications for travel documents (regulation 2(5)).

An impact assessment has been prepared in respect of the proposed fees for sponsorship in the Immigration and Nationality (Fees) (Amendment) Regulations 2008 which was laid on 30^th January 2008. Copies have been placed in the House Library and the impact assessment will also be published on the Border and Immigration Agency website at www.bia.homeoffice.gov.uk. A separate impact assessment has been prepared on the policy of sponsorship and will be made available on the Border and Immigration website www.bia.homeoffice.gov.uk.