The Immigration and Nationality (Cost Recovery Fees) Regulations 2009

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. 2008/106 and the Immigration and Nationality (Fees)(Amendment) Order S.I. 2009/420) applications and processes in connection with immigration or nationality in respect of which a fee was to be charged. The Secretary of State in prescribing a fee for applications referred to in these Regulations relies on her powers under s.51 of the Immigration, Asylum and Nationality Act 2006.

These Regulations consolidate fees for those matters, revoking and replacing the Immigration and Nationality (Cost Recovery Fees) Regulations 2007 (S.I. 2007/936), (as amended by the Immigration and Nationality (Cost Recovery Fees) (Amendment) S.I. 2008/218, the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 2) S.I. 2008/1337, and the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 3) S.I. 2008/2790).

These Regulations specify a fee for certain matters and set out relevant exceptions. They also set out the consequences for failing to pay a specified fee and remove the entry clearance fee exemption for Tier 5 migrants.

Regulation 3 specifies fees for limited leave to remain applications for Tier 5 migrants and Tier 5 (Temporary Worker) migrants in respect of nationals of a state which has ratified the Council of Europe Social Charter.

Regulation 4 specifies fees for limited leave to remain applications made by post as a Tier 4 migrant.

Regulations 5 to 10 provide a number of exceptions in respect of leave to remain applications.

Regulation 11 provides for an additional fee to reflect a contribution to the fund to manage the transitional impacts of migration in respect of limited leave to remain applications.

Regulation 12 sets out the fees for entry clearance applications into the United Kingdom.

Regulations 13 and 14 provide a number of exceptions in respect of entry clearance applications.

Regulation 15 specifies a fee for an application to transfer conditions within the United Kingdom and introduces a fee for an application to transfer conditions whilst outside the United Kingdom.

Regulation 16 specifies a fee for the application of a work card in respect of a seasonal agricultural worker.

Regulation 17 specifies a fee for a travel document.

Regulation 18 specifies the fee for a direct airside transit visa.

Regulation 19 specifies a fee for a certificate of entitlement to the right of abode.

Regulation 20 specifies the fee for an application for permission to marry or form a civil partnership.

Regulation 21 specifies a fee for an application for a document recording biometric information.

Regulations 22 to 24 specify fees for sponsorship licences.

Regulation 25 specifies a fee for issuing a certificate of sponsorship.

Regulation 26 specifies a fee for arranging a citizenship ceremony.

Regulation 27 specifies a fee for the administration of a citizenship, oath or oath and pledge.

Regulation 28 specifies a fee for the supply of a certified copy of a notice, certificate, order, declaration or entry made under the 1981 Act, the former nationality Acts or the 1997 Act.

Regulation 29 introduces a fee for an application to amend a valid work permit document.

Regulation 30 introduces a fee for the provision of a letter or other document confirming immigration or nationality status.

Regulation 31 introduces a fee for the provision of services connected to immigration or nationality applications where those services are carried out either away from consular offices or the offices of the UK Border Agency, or where those services are being provided outside of working hours.

Regulation 32 sets out the consequences of failing to provide the specified fee under these regulations.

A regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the UKBA website www.ukba.homeoffice.gov.uk.