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The Consular Fees Order 2012

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Consular Fees Order 2011 as amended by the Consular Fees (Amendment) Order 2011.

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

While the Order does not increase any of the fees above the levels that were set by the Consular Fees Order 2011 (as amended), the Order removes and rewords certain of the fees in Part 1 of Schedule I as follows:

(i)the fee for fixing a photograph to a document and, if necessary, certifying it as a true likeness (formerly Fee 8) has been removed;

(ii)the fee for forwarding an application for registration, naturalisation or renunciation to the Home Office (formerly Fee 10) has been removed;

(iii)the fee for issuing a certificate that no impediment to an intended marriage or civil partnership has been shown to exist, or issuing any local equivalent document for an intended marriage or overseas relationship in accordance with local law (either in English or in the local language spoken at the place of the consular post or diplomatic mission) (formerly Fee 13), has been redrafted to replace the references to “Nulla Ostas” and “certificates de coutume” with the term “any local equivalent document”;

(iv)the fee for forwarding a request to a local authority for the taking of evidence or the service of a document and returning any evidence received of service or attempted service of a document replaces three separate fees under the Consular Fees Order 2011(formerly Fees 19, 20 and 21) with a single fee of £130;

(v)the fee for providing or administering a service not otherwise covered in this Schedule in relation to shipping, seamen and related matters has been amended to include travel time in the calculation of the charge for providing maritime services.

The Order does not increase the fees in Part 2 of Schedule I beyond the changes introduced in respect of those fees by the Consular Fees (Amendment) Order 2011(1). The fees set out in Part 2 of Schedule I reflect the consolidated fees under Part 2 of Schedule 1 following their amendment by the Consular Fees (Amendment) Order 2011(2).

The Order removes the fees formerly specified in Part 3 of Schedule 1 relating to entry clearance following the enactment of the Immigration and Nationality (Fees) Regulations 2011(3) and the Immigration and Nationality (Cost Recovery Fees) Regulations 2011(4) under section 51 of the Immigration, Asylum and Nationality Act 2006(5). Since April 2011 the United Kingdom Border Agency has imposed these fees directly.

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

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