The Immigration and Nationality (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. 2008/166 and second amendment), those matters 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 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 reflect benefits that she thinks are likely to accrue to the person who makes the application or to whom the application relates, if the application is successful.

These Regulations consolidate fees for those matters, revoking and replacing the Immigration and Nationality (Fees) Regulations 2007 (S.I. 2007/1158), (as amended by S.I. 2008/544, S.I. 2008/1695 and S.I. 2008/3017).

These Regulations specify a fee for certain matters and also set out the relevant exceptions. They also set out the consequences of failing to pay those specified fees. The fees for other matters specified in the Order will be specified in other Regulations made under section 51(3) of the Immigration, Asylum and Nationality Act 2006.

These Regulations introduce fees for Tier 1, Tier 2 , Tier 4 and Tier 5 migrants for applications under the immigration rules made at a Public Enquiry Office of the UK Border Agency of the Home Office by way of Regulations 5, 7, 8 and 9.

These Regulations also introduce an additional fee to reflect a contribution to the Migration Impacts Fund by requiring migrants to pay an additional charge on an application. This is reflected by an increase to the applicant’s fee in Regulations 5, 6, 7, 8, 10, and 20. The applicant is also subject to an additional fee for each dependant to that application by way of regulation 11.

Regulation 3 specifies fees for the following limited Leave to Remain applications in the United Kingdom:

(e) employment under the Sectors-Based Scheme;

(f) Home Office approved training or work experience;

(g) employment as a seasonal agricultural worker; or

(h) work permit employment.

Regulation 4 specifies fees for limited leave to remain applications in the UK for the following:

(i) a retired person of independent means; or

(j) a sole representative.

Regulation 5 specifies fees for limited leave to remain applications for:

(k) certain Tier 1 migrants under the immigration rules; or

(l) certain Tier 1 migrants under the immigration rules in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter (“CESC national”).

Regulation 6 specifies fees for limited Leave to Remain applications in the United Kingdom for applications other than those referred to in regulations 3, 4, 5, 8, 8 and 9. .

Regulation 7 specifies fees for limited Leave to Remain as:

(m) a Tier 2 migrant under the immigration rules; or

(n) a Tier 2 migrant under the immigration rules in respect of a person who is a CESC national.

Regulation 8 specifies fees for limited Leave to Remain as a Tier 4 migrant under the immigration rules in respect of an application made at a Public Enquiry Office of the UK Border Agency of the Home Office.

Regulation 9 specifies fees for limited Leave to Remain applications as a Tier 5 (Temporary Worker) migrant under the immigration rules in respect of:

(o) an application made at a Public Enquiry Office of the UK Border Agency of the Home Office; or

(p) an application as a Tier 5 (Temporary Worker) migrant in respect of a CESC national.

Regulation 10 sets out the fee for an application for Indefinite Leave to Remain in the United Kingdom under the immigration rules.

Regulation 11 provides for an additional fee to reflect a contribution to the Migration Impact Fund in respect of both Limited Leave to Remain and Indefinite Leave to Remain applications.

Regulations 12 to 19 provide a number of exceptions to the requirement to pay a specified fee.

Regulation 20 sets out the fee for an application for naturalisation as a British Citizen or British Overseas Territories Citizen.

Regulation 21 sets out the fee for registering either an adult, a child or children as a British Citizens.

Regulation 22 sets out the fee for renunciation of British Citizenship, British Overseas Citizenship, British Overseas Territories Citizenship or British Subject status.

Regulations 23 and 24 set out the fee for sponsorship applications in respect of Tier 2, Tier 4 and Tier 5 migrant applications.

Regulation 25 sets out the fees for entry clearance applications into the United Kingdom and introduces entry clearance fees for long term visit visas.

Regulations 26 to 27 provide for a number of exceptions to the requirement to pay an entry clearance fee.

Regulation 28 sets out the fee for a certificate of entitlement to the right of abode.

Regulation 29 sets out the fee for the process of issuing a certificate of sponsorship in respect of an application for leave to remain or enter as a Tier 2 migrant under the immigration rules.

Regulation 30 sets out the fee for an application to transfer conditions of stay.

Regulation 31 sets out the consequences of failing to pay 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.