The Immigration and Nationality (Cost Recovery Fees) (Amendment No. 3) Regulations 2008

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), as amended by the Immigration and Nationality (Fees) (Amendment) Order 2008 (S.I. 2008/166), (the “Fees Order 2007”) applications and processes in connection with immigration or nationality in respect of which she was going to charge a fee. These Regulations, which amend the Immigration and Nationality (Cost Recovery Fees) Regulations 2007 (S.I. 2007/936), as amended by the Immigration and Nationality (Cost Recovery Fees) (Amendment) Regulations 2008 (S.I. 2008/218) and the Immigration and Nationality (Cost Recovery Fees) (Amendment No.2) Regulations 2008 (S.I. 2008/1337) (the “2007 Regulations”), specify the fee for an application for:

(a) leave to remain as a Tier 4 migrant (as defined in these Regulations) (regulation 4 as amended by regulation 3(3));

(b) entry clearance as a Tier 4 migrant (regulation 10A, as substituted by regulation 3(4));

(c) entry clearance as a Tier 5 (Temporary Worker) migrant (as defined in the 2007 Regulations) made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter (a “CESC national”) (regulation 10A)

(d) entry clearance as an academic visitor under the immigration rules (regulation 10A); and

(e) entry clearance as a visitor where the Secretary of State decides that the application is one to which the operation of a scheme for a reduced entry clearance fee applies (regulation 10A).

The Regulations remove the fees for the following applications (regulation 10A):

(a) entry clearance 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;

(b) entry clearance 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; and

(c) entry clearance 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.

The Regulations also remove the exemption from the requirement to pay a fee for an application for entry clearance as a Tier 5 (Temporary Worker) migrant which is made in respect a CESC national or a national of a state which has ratified the Council of Europe Revised Social Charter (“CERSC national”) (regulation 10B as amended by regulation 3(5)).