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Statutory Instruments

2010 No. 238

Diplomatic Service

The Consular Fees Order 2010

Made

10th February 2010

Coming into force

6th April 2010

At the Court at Buckingham Palace, the 10th day of February 2010

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 1(1) of the Consular Fees Act 1980(1) is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.  This Order may be cited as the Consular Fees Order 2010 and comes into force on 6th April 2010.

2.  In this Order—

“British overseas territory” means a territory as defined in section 50(1) of the British Nationality Act 1981(2) and includes the territories listed in Schedule 6 to that Act;

“Commonwealth country” means a country listed in Schedule 3 to the British Nationality Act 1981;

“Crown Dependencies” means the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man;

“consular officer” means any person authorised by the Secretary of State to exercise consular functions, or functions in the United Kingdom which correspond with consular functions (including persons who are not, as well as persons who are, consular officers);

“consular employee” means any person in the administrative or technical service of the consular post or diplomatic mission;

“consular premises” means the building or parts of buildings used for the purposes of the consular post or diplomatic mission;

“credit card charges” means the costs incurred in receiving payment by credit card;

“direct costs” means expenses that are incidental to the performance of a service, such as the cost of posting documents to a customer’s home address, but do not include credit card charges;

“entry clearance” means a visa, entry certificate, entry permit or other document which, in accordance with the applicable immigration laws or rules, is to be taken as evidence of a person’s eligibility for entry into the United Kingdom, a Crown Dependency, a British overseas territory, a Commonwealth country or any other country or territory, as the case may be (but does not include a work permit);

“fast-track service” means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made;

“fast-track collect service” means an application made in person, either by the applicant or by another person acting on behalf of the applicant, which is to be processed within seven days of that application having been made, and which permits the applicant or another person acting on behalf of the applicant to collect the passport in person;

“premium service” in relation to passport applications means an application made in person, either by the applicant or another person acting on behalf of the applicant, which is to be processed within twenty-four hours of that application having been made;

“premium service” in relation to legalisation means the same day service for the processing by a London legalisation office dedicated for companies, solicitors and notaries of applications made in person;

“standard service” in relation to legalisation means the 24 hour service for the processing by the main legalisation office, whether situated in London or Milton Keynes, or by consular officers at consular posts, of applications made in person and the processing of postal applications within a reasonable time period.

3.  The fees set forth in the table in Schedule 1 to this Order are prescribed to be levied by consular officers and by marriage officers under the Foreign Marriage Act 1892(3) and the Marriage with Foreigners Act 1906(4) in the execution of their duties.

4.  The statutory instruments listed in Schedule 2 to this Order are revoked by this Order.

Judith Simpson

Clerk of the Privy Council

SCHEDULE 1TABLE OF CONSULAR FEES

PART ILEGALISATION

Fee£
1.Legalising a signature or seal except where—
(a)the signature or seal is on a certificate or survey of foreign passenger ships running to or from the United Kingdom, or
(b)the signature or seal is on a document needed to pay money into or withdraw money from any British Post Office or other Government Savings Bank, or
(c)the signature or seal is in connection with stocks or bonds on the registers of the Post Office, with Savings Bank annuities or with annuities granted direct by the National Debt Commissioners—
(i)Standard service, unless fee 1(ii) applies (in addition to direct costs if any)28.80
(ii)Standard service where the request for the service is made outside of the United Kingdom but processing is carried out in whole or in part within the United Kingdom (in addition to direct costs if any)38.00
(iii)Premium service (in addition to direct costs if any)71.00
2.Obtaining a legalisation or other certification from another authority upon any document (in addition to direct costs if any)46.30

PART IINOTARIAL AND RELATED MATTERS

Fee£
3.Preparing any certificate, declaration or document not listed elsewhere in this Schedule—
(a)in English46.30
(b)in any other language73.00
4.Preparing or signing, or both, a declaration of existence—17.40
Except in connection with pay or pensions payable by a department of Her Majesty’s Government in the United Kingdom, or the government of any other Commonwealth country
5.Administering an oath or attesting the signature on a declaration or affirmation except where—54.50
(a)the oath, declaration or affirmation is made under the Merchant Shipping Act 1995(a) or in connection with the loss of a passport
(b)fee 16, 17, 18, 29, 30, 31, 34, 40, 45, or 46 is to be taken
6.Supplying witnesses, for each witness21.60
7.Initialling alterations in any document that has not been prepared by the consular officer or marking exhibits, for each initialling or marking11.30
8.Making a copy of a document by electronic means or verifying a copy of a document (including certifying when necessary), for each page (with a minimum charge of £25.50)£5.10
9.Uniting documents and sealing the fastening (except where fee 46 is applicable)21.60
10.Fixing a photograph to a document that has not been prepared by the consular officer, and, if necessary, certifying it as a true likeness of the photograph subject (except where fee 16,17, or 18 is applicable)21.60
11.Supplying certified copies of documents which form part of the records of a court which is, or was formerly, established under the Foreign Jurisdiction Acts 1890(b) and 1913(c), for each page64.80
12.Making or verifying (including certifying if necessary) a written translation, for every 100 words or characters written in the foreign language (except where fee 33, 34 or 48 is to be taken)—
(a)from or into Amharic, Chinese, Japanese, or Korean (three Japanese Kana count as one character when used independently)73.00
(b)from or into any other language46.30
13.Translating and interpreting viva voce except in performance of official duties, for every 15 minutes32.90

PART IIIPASSPORT APPLICATIONS MADE TO THE FOREIGN AND COMMONWEALTH OFFICE

Fee£
14.Administering an application made abroad, including applications for replacing an expired passport, replacing a passport of restricted validity with a new passport of full validity, issuing a new passport with amended personal details and replacing a lost or stolen passport and, if the application is successful, providing a 32 page passport—
(a)where the applicant is aged 16 years or over (in addition to direct costs if any)128.00
(b)where the applicant is under 16 years old (for a passport valid for 5 years) (in addition to direct costs if any)81.50
15.Administering an application made abroad, including applications for replacing an expired passport, replacing a passport of restricted validity with a new passport of full validity, issuing a new passport with amended personal details and replacing a lost or stolen passport and, if the application is successful, providing a 48 page passport (in addition to direct costs if any)154.50
16.Administering an application made abroad and, if the application is successful, providing an Emergency Passport71.00
17.Administering an application made abroad and, if the application is successful, providing a Temporary Passport valid for not more than one year91.50
18.Administering an application made abroad and, if the application is successful, providing an Emergency Travel Document91.50

PART IVPASSPORT APPLICATIONS MADE IN THE UNITED KINGDOM

Fee£
19.Administering an application made in the United Kingdom, including applications for replacing an expired passport, replacing a passport of restricted validity with a new passport of full validity, issuing a new passport with amended personal details and replacing a lost or stolen passport and, if the application is successful, issuing a 32 page passport—
(a)for applications made by post—
(i)where the applicant is aged 16 years and over77.50
(ii)where the applicant is under 16 years old (for a passport valid for 5 years)49.00
(b)for applications made in person—
(i)where the applicant is aged 16 years or over using the fast-track service112.50
(ii)where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track service96.50
(iii)where the applicant is aged 16 years or over using the fast-track collect service124.50
(iv)where the applicant is under 16 years old (for a passport valid for 5 years) using the fast-track collect service106.50
(v)where the applicant is aged 16 years or over using the premium service129.50
(vi)where the applicant is under 16 years old (for a passport valid for 5 years) using the premium service109.50
20.Administering an application made in the United Kingdom, including applications for replacing an expired passport, replacing a passport of restricted validity with a new passport of full validity, issuing a new passport with amended personal details and replacing a lost and stolen passport and, if the application is successful, issuing a 48 page passport—
(a)for applications made by post90.50
(b)for applications made in person—
(i)using the fast-track service120.50
(ii)using the fast-track collect service124.50
(iii)using the premium service138.50
21.Administering an application made in the United Kingdom and, if the application is successful, issuing a collective passport—
(a)for applications made by post39.00
(b)for applications made in person54.00

PART VOTHER DOCUMENTS RELATING TO TRAVEL OR ENTRY INTO THE UK, COMMONWEALTH, OVERSEAS TERRITORIES, CROWN DEPENDENCIES AND LIBYA

Fee£
22.Preparing or forwarding, or both, any letter, certificate, declaration or other document which may be required by an authority in any country or territory in connection with an application for or the issue or renewal of an entry clearance (for a country or territory for which the consular officer does not himself have authority to issue entry clearance), a residence permit or identity card or forwarding any other certificate or document (except a Home Office travel document and applications for registration and naturalisation)65.00
23.Renewing a Travel Certificate, a certificate of identity or other travel document on behalf of a Commonwealth country or of a dependency of a Commonwealth country (except where fee 25 is to be taken)64.80
24.Renewing a Travel Certificate, a certificate of identity or other travel document on behalf of a Crown Dependency or a British overseas territory (except where fee 25 is to be taken)64.80
25.Revalidating or renewing a Seaman’s Certificate of Nationality and Identity or a Seaman’s Identity Book (in addition to fee 22 where applicable)64.80
26.Providing a passport stamp setting out the format of an Arabic transcript of the passport’s details page, as required by the Libyan authorities for entry into Libya11.30
27.Receiving an application for entry clearance to a Commonwealth country or British overseas territory48.00
28.Receiving, outside the United Kingdom, an application for—
(a)entry clearance to the Crown Dependencies—
(i)as a visitor, for single, double and multiple entries valid—
(aa)for up to six months from the date of issue68.00
(bb)for between six months and up to two years from the date of issue230.00
(cc)for between two years and up to five years from the date of issue420.00
(dd)for between five years and up to ten years from the date of issue610.00
(ii)for settlement644.00
(iii)as a student199.00
(iv)as a work permit holder, unless (v) below applies270.00
(v)as a work permit holder where the application is in respect of a person who is a national of a State which has ratified the Council of Europe Social Charter250.00
(vi)as a temporary or voluntary worker unless (vii) below applies128.00
(vii)as a temporary or voluntary worker where the application is in respect of a person who is a national of a State which has ratified the Council of Europe Social Charter112.00
for any purpose other than those listed in sub-paragraphs (i) to (vii) above230.00
(b)a certificate of entitlement to the right of abode in the Crown Dependencies220.00

PART VIBIRTHS, DEATHS, MARRIAGES AND CIVIL PARTNERSHIPS

Fee£
29.Receiving notice of an intended marriage, civil partnership or overseas relationship, including an application for a Nulla Osta64.80
30.Solemnising or attending a marriage under the Foreign Marriage Acts 1892(d) and 1947(e): administering oaths to the parties and registering the marriage137.80
31.Registering a civil partnership under the Civil Partnership (Registration Abroad and Certificates) Order 2005(f)137.80
32.Issuing in English or in the local language a certificate that no impediment to an intended marriage or civil partnership has been shown to exist or issuing a “certificate de coutume” or a Nulla Osta for an intended marriage or intended overseas relationship in accordance with local law64.80
33.Forwarding a record of a marriage under the local law to the appropriate Registrar General in accordance with the Foreign Marriage Order 1970(g), including the provision of any necessary certification37.00
34.Forwarding a record of an overseas relationship to the appropriate Registrar General in accordance with the Civil Partnership (Registration Abroad and Certificates) Order 2005(h), including any necessary certification37.00
35.Administering an application for the registry of a birth or a death (in addition to fee 37 where applicable)100.80
36.Making an addition to or correction in the consular register of births, deaths, marriages or civil partnerships at the request of the parties concerned37.00
37.Issuing a certified copy of an entry in the consular register of births, deaths, marriages or civil partnerships (in addition to fee 38 or 35 where applicable)64.80

PART VIISEARCHES

Fee£
38.Making a search in (in addition to fee 3(a) and 37 where applicable)—
(a)the consular registers of births, deaths, marriages or civil partnerships where the number or date of entry is not provided64.80
(b)the records of the Identity and Passport Service where the request originates in the United Kingdom15.40
(c)any other records or archives of Her Majesty’s Government in the United Kingdom112.10
(d)naturalisation, registration or renunciation records kept by a consular officer78.20
39.Having a search made for, or attempting to obtain copies of, or both, entries in the local registers or records of local authorities responsible for births, marriages or overseas relationships or any other document, irrespective of whether an entry or record or any other document is found or obtained after a period of 18 months (in addition to direct costs exceeding £5.00 if any)131.70

PART VIIINATIONALITY AND REGISTRATION

Fee£
40.Administering an oath of British Citizenship under the British Nationality Act 1981(i) at a citizenship ceremony82.30
41.Preparing or forwarding, or both, an application for registration, naturalisation or renunciation to the Home Office, or any other application requested by any Department of Her Majesty’s Government to that Department64.80
42.Supervising a knowledge of life test for naturalisation under the British Nationality Act 1981 in consular premises131.70

PART IXESTATES

Fee£
43.Administering fully or partly, safeguarding, or arranging the transmission of all or part of the personal effects and other estate of a deceased person or if sold, the proceeds, except for the wages and personal effects of a seaman. Except where the gross current market value is less than £1,000; charge based on the amount of the gross current market value

2.05%

rounded to the nearest £10.00

However where a local lawyer is employed and consular officer’s actions are nominal83.30

PART XATTENDANCES

Fee£
44.Attending (except in connection with trade and investment enquiries) for each hour or part hour (the time taken will include reasonable travelling time to and from the location)
(a)at the consular premises or elsewhere during office hours except when attending to supervise an examination for two or more persons sitting examinations at the same time when the fee may be apportioned between them130.00
(b)at the consular premises or elsewhere outside office hours131.70
up to a maximum in any 24 hour period for each consular officer of939.00

PART XIMATTERS RELATING TO LEGAL PROCEEDINGS

Fee£
45.Presiding at the taking of evidence under a commission or order from a Court, including any action by the consular officer as examiner—
(a)for up to two hours on the first day262.40
(b)for each additional hour or part hour131.70
46.Providing evidence of service or attempted service (in addition to fee 44 or 47)131.70
47.Providing the services of a consular officer or consular employee—
(a)to assist the consular officer in the taking of evidence under a commission or order from a Court, for each such person—
for each hour or part hour131.70
(b)to affect or try to affect service of a document, for each hour or part hour outside the consular premises—
during office hours131.70
outside office hours163.00
48.Forwarding a request to a local authority for the taking of evidence or the service of a document and, where necessary, certifying the accuracy of a translation accompanying the document131.70

PART XIIREPATRIATION AND FINANCIAL ASSISTANCE

Fee£
49.Arranging the repatriation of a person or members of the same family travelling together131.70
50.Arranging, in exceptional circumstances, for currency to be made available against the deposit of funds with Her Majesty’s Government by any means (in addition to fee 44 where payable). The fee will depend on the value of the deposit as follows:
(a)£0-£508.20
(b)£51-£10016.40
(c)£101-£50032.90
(d)£501-£150076.10
(e)>£150092.60

PART XIIISHIPPING, SEAMEN AND RELATED MATTERS

Fee£
51.Granting or considering whether to grant a provisional certificate of registry, whether the owner is a private individual or body corporate383.80
52.Receiving a return of the birth or death of any person on board a ship and endorsing the agreement with the crew accordingly55.50
53.Examining or arranging for the examination of provisions or water, payable by the party who proves to be in default (in addition to any cost of a survey)55.50
54.Noting a marine protest and providing one certified copy if required and for each further copy46.30
55.Extending a marine protest, filing the original and providing one certified copy if required (in addition to fee 1 and 3 where applicable)—
(a)for up to 200 words, excluding the declaratory clause110.10
(b)for every subsequent 100 words or less46.30
56.Making a request, or issuing or arranging for the issue of a document, in connection with a survey of a ship (in addition to fee 8 where applicable)—
(a)for the purposes of the International Convention for the Safety of Life at Sea 1974 (SOLAS) or of the International Convention for the Prevention of Pollution from Ships 1973 as modified by its Protocol of 1978 (MARPOL)73.00
(b)for any other purpose131.70
57.Issuing a bill of health46.30
58.Preparing or signing, or both, any document, whether required by the Merchant Shipping Acts or by the local authorities, relating to the master or the members of the crew of a ship, to their numbers, names or other details, or to their engagement, discharge, desertion or death (except where fee 52 is taken in addition to fee 44, or a death inquiry is held under section 271 of the Merchant Shipping Act 1995(k))73.00
59.Signing and, if necessary, sealing any documents at the request of the master of the ship (except where this is required under the Merchant Shipping Act 1995, or fee 58 is taken)73.00
60.Inspecting—
(a)a ship’s papers when required to enable a consular officer to do any matter or thing in respect of a ship (except where fee 58 is taken in addition to fee 44)54.50
(b)the marking of a ship, irrespective of the number of visits (in addition to fee 44)54.50

PART XIVPAYMENTS USING CREDIT CARDS

Fee£
61.Receiving payments by credit card on behalf of Her Majesty’s Government where no other fee is chargeable under this Order.The applicable fee will be equal to the credit card charges incurred

SCHEDULE 2

Statutory Instruments revokedReferences
Consular Fees Order 2009S.I. 2009/700
Consular Fees (Amendment) Order 2009S.I 2009/1745

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Consular Fees Order 2009 as amended by the Consular Fees (Amendment) Order 2009.

The Order sets out fees to be charged for consular services.

The Order increases the fees in all parts of Schedule I by 2.9% or less, with the exception of fees for immigration applications contained in Part V of Schedule 1, which are increased so as to be equivalent to corresponding immigration fees charged for entry into the United Kingdom under the Immigration and Nationality (Fees) Regulations 2010 and the Immigration and Nationality (Cost Recovery Fees) Regulations 2010.

The Order also amends fee 28(a) (Entry Clearance to the Crown Dependencies) so as to be consistent with the fee categories for entry clearance to the United Kingdom under the Immigration and Nationality (Fees) Regulations 2010 and the Immigration and Nationality (Cost Recovery Fees) Regulations 2010.

The Order makes no increase to the fees for administration of passport applications made in the United Kingdom.

Where increases to fees have been calculated on the basis of a percentage, the new fee has been rounded to the nearest ten pence.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.