The Immigration and Nationality (Cost Recovery Fees) Regulations 2013

Regulation 5

SCHEDULE 3 FEES FOR DOCUMENTS RELATING TO IMMIGRATION

Interpretation

1.—(1) In this Schedule—

“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008(1);

“certificate of travel” means a travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally, and in the view of the Secretary of State, unreasonably refused a passport by their own authorities who have—

(a)

been granted limited leave to remain in the United Kingdom or humanitarian protection under the immigration rules on rejection of a claim for asylum or for recognition as a stateless person; or

(b)

been granted indefinite leave to remain in the United Kingdom.

“claim for asylum” has the same meaning as in section 94(1) of the 1999 Act(2);

“convention travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951;

“document of identity” means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;

“the process used to take a record of a person’s biometric information” means the process, or combination of processes to which a person may be required to submit to permit a record of their fingerprints or a photograph of their face to be taken for the purposes of regulation 8(2)(d)(3) of the 2008 Regulations;

“stateless person’s travel document” means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954.

(2) For the purposes of this Schedule a claim for asylum is to be taken to be determined—

(a) on the date on which the Secretary of State notifies the claimant of the decision on the claim;

(b) if the claimant has appealed against the Secretary of State’s decision, on the date on which the appeal is disposed of; or

(c) if the claimant has brought an appeal from within the United Kingdom against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002(4) or section 2 of the Special Immigration Appeals Commission Act 1997(5), on the day on which the appeal is disposed of.

Fees for documents relating to immigration

2.—(1) Table 7 specifies the amount of fees for the applications listed in the second column of that table.

(2) Table 8 provides for exceptions to the requirement to pay the fees specified for applications for travel documents in Table 7.

(3) Table 9 specifies the amount of fees for the applications listed in the second column of that table.

(4) Tables 10 provide for exceptions to the requirement to pay the fees for applications for biometric immigration documents and the process used to take a record of biometric information specified in Table 9.

Table 7 (Fees for a transfer of conditions, immigration employment documents, travel documents, transit visas, and registration certificates and residence cards)

Number of fee	Type of application	Amount of fee
7.1	Fee for applications made in the United Kingdom for a transfer of conditions
7.1.1	Application for a transfer of conditions where the application is made within the United Kingdom by post or courier or via the public website maintained by the United Kingdom Border Agency.	£147
7.2	Fee for applications made overseas for a transfer of conditions (vignette transfer fee)
7.2.1	Application for a transfer of conditions where the application is made outside the United Kingdom.	£105
7.3	Fee for applications for immigration employment documents
7.3.1	Application for a letter to confirm an amendment to information held by the United Kingdom Border Agency relating to employment as a work permit holder within the meaning of the immigration rules, which does not constitute a change requiring a new application for permission to work.	£22
7.4	Fees for applications for travel documents
7.4.1	Application for a certificate of travel where the person in respect of whom the application is made is over the age of 16 at the time the application is made.	£257
7.4.2	Application for a certificate of travel where the person in respect of whom the application is made is under the age of 16 at the time the application is made.	£164
7.4.3	Application for a convention travel document, stateless person’s travel document, or document of identity where the person in respect of whom the application is made is over the age of 16 at the time the application is made.	£72.50
7.4.4	Application for a convention travel document, stateless person’s travel document, or document of identity where the person in respect of whom the application is made is under the age of 16 at the time the application is made.	£46
7.5	Fee for an application for a transit visa
7.5.1	Application for a transit visa.	£54
7.6	Fee for applications for documents referred to in the 2006 Regulations
7.6.1	Application made on or after 1st July 2013 for a document certifying permanent residence, a derivative residence card, a permanent residence card, a registration certificate, or a residence card under the 2006 Regulations.	£55
7.6.2	Application made on or after 1st July 2013 for a family member residence stamp within the meaning of paragraph 4 of Schedule 2 to the 2006 Regulations.	£55

Table 8 (Exceptions to requirement to pay fees for applications for travel documents)

Number and description of the exception		Fees to which exception applies
8.1	Travel documents for bodies being taken abroad for burial
	No fee is payable in respect of an application for a travel document for a body that is being taken abroad for the purposes of burial or cremation.	Fees 7.4.1 to 7.4.4
8.2	Travel documents for reconstruction or resettlement
	No fee is payable in respect of an application for a travel document where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purposes of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to resettle there.	Fees 7.4.1 to 7.4.4
8.3	Travel documents for the purposes of the Assisted Voluntary Returns programme
	No fee is payable in respect of an application for a document of identity for the purposes of the Assisted Voluntary Returns programme operated by the United Kingdom Border Agency.	Fees 7.4.3 and 7.4.4
8.4	Travel documents for persons born on or before 2nd September 1929
	No fee is payable in respect of an application for a convention travel document or stateless person’s travel document where the applicant was born on or before 2nd September 1929.	Fees 7.4.1 and 7.4.3

Table 9 (Fees for applications for biometric immigration documents and the process used to take a record of biometric information)

Number of fee	Type of application or process	Amount of fee
9.1	Fees for a mandatory application for a biometric immigration document following an application to replace a letter which indicated the applicant had been granted limited or indefinite leave to remain in the United Kingdom
9.1.1	Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(d) of the 2008 Regulations(6) where fees 9.1.2 and 9.1.3 do not apply.	£147
9.1.2	Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(d) of the 2008 Regulations where the applicant has made a claim for asylum which has been granted, or has been granted humanitarian protection under the immigration rules.	£38
9.1.3	Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(d) of the 2008 Regulations where the applicant has leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules.	£38
9.2	Fees for a mandatory application for a biometric immigration document following an application for a transfer of conditions
9.2.1	Application for a biometric immigration document in accordance with regulation 3(1)(a) and (2)(c) of the 2008 Regulations.	£147
9.3	Fees for a mandatory application for a replacement biometric immigration document
9.3.1	Application for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations(7) to replace a biometric immigration document which has been cancelled under regulation 17(a) or (d) to (i) of those Regulations.	£147
9.3.2	Application for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations to replace a biometric immigration document which has been cancelled under regulation 17(b) or (c) of those Regulations.	£38
9.3.3	Application for a biometric immigration document in accordance with regulation 19(1)(b) of the 2008 Regulations to replace a biometric immigration document which has ceased to have effect under regulation 13(4)(b) or (c) of those Regulations.	£38
9.4	Fee for taking a record of biometric information
9.4.1	The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document referred to in fees 9.1.1 to 9.1.3, 9.2.1, 9.3.1, and 9.3.2.	£19.20
9.4.2	The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document referred to in fee 9.3.3.	£19.20
9.4.3	The process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document in accordance with regulation 3(1)(a) and 2(a) and (b) of the 2008 Regulations.	£19.20

Table 10 (Exceptions to the requirement to pay fees for applications for biometric immigration documents and the process used to take a record of biometric information)

Number and description of the exception		Fees to which exception applies
10.1	Persons granted asylum or humanitarian protection, their dependants, and stateless persons
	No fee is payable for an application for a biometric immigration document if the applicant has made a claim for asylum which has been granted, been granted humanitarian protection under the immigration rules or has leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules.	Fee 9.3.3
10.2	Children born in the United Kingdom to persons granted asylum or humanitarian protection
	No fee is payable for an application for a biometric immigration document if the applicant is a child who was born in the United Kingdom to a person who had made a claim for asylum which had been granted or had been granted humanitarian protection under the immigration rules.	Fee 9.3.3
10.3	Process used to take a record of a person’s biometric information where exceptions 10.1 and 10.2 apply
	No fee is payable for the process used to take a record of a person’s biometric information for the purposes of an application for a biometric immigration document to which exceptions 10.1 and 10.2 apply.	Fee 9.4.2
10.4	Children receiving local authority support
	No fee is payable for the process used to take a record of a person’s biometric information if that person is a child who is being provided with assistance by a local authority.	Fees 9.4.1 to 9.4.3
10.5	Applicants with leave to remain under the EC Association Agreement with Turkey
	No fee is payable for the process used to take a record of a person’s biometric information if that person has leave to remain in the United Kingdom under the terms of the EC Association Agreement with Turkey.	Fees 9.4.1 to 9.4.3
10.6	Applications made in conjunction with an application for leave to remain in the United Kingdom which is exempt from the application fee
	No fee is payable for the process used to take a record of a person’s biometric information where that record is taken for the purposes of an application for a biometric immigration document made in accordance with regulation 3(1)(a) and (2)(a) of the 2008 Regulations following an application for leave to remain in the United Kingdom and the application for leave to remain is exempt from any application fee.	Fee 9.4.3

(1)

S.I. 2008/3048.

(2)

Section 94(1) was amended by section 60(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) and article 6 of, and paragraph 180 of Schedule 3 to, the Transfer of Tribunal Functions Order (S.I. 2008/2833).

(3)

Regulation 3 was amended by regulation 6 of the Immigration (Biometric Registration)(Amendment) Regulations 2012 (S.I. 2012/594).

(4)

2002 c. 41.

(5)

1997 c. 68; section 2 was amended by section 114 of, and paragraph 2 of Schedule 7 to, the Nationality, Immigration and Asylum Act 2002 and section 14 of, and paragraph 14 of Schedule 1 to, the Immigration, Asylum and Nationality Act 2006.

(6)

Regulation 3 was amended by regulation 4 of the Immigration (Biometric Registration)(Amendment) Regulations 2012 (S.I. 2012/594).

(7)

Regulation 19(1)(a) was amended by regulation 8 of the Immigration (Biometric Registration)(Amendment) Regulations 2009 (S.I. 2009/819)