The Immigration and Nationality (Fees) Regulations 2018

In these Regulations—

• “the 1971 Act” means the Immigration Act 1971 M3;

• “the 1981 Act” means the British Nationality Act 1981 M4;

• “the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 1982 M5;

• “the 1999 Act” means the Immigration and Asylum Act 1999 M6;

• “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002 M7;

• “the 2007 Act” means the UK Borders Act 2007 M8;

• “the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008 M9;

• “the 2016 Order” means the Immigration and Nationality (Fees) Order 2016;

• F53“administrative review” means administrative review under Appendix AR or Appendix AR (EU) to the immigration rules F277or under Part 5 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020;

• “approval letter from a designated competent body”—

  1. a

     F74...

  2. b

     F75... means a letter from a designated competent body, within the meaning of the Isle of Man immigration rules M10, endorsing a proposed application for entry clearance to enter the Isle of Man as a Tier 1 (Exceptional Talent) Migrant;

• F149“approval letter from an endorsing body” means a letter from an endorsing body, within the meaning given by paragraph 6 of the immigration rules, endorsing a proposed application F533from an individual or a business for—

  1. (a)

     entry clearance to enter or leave to remain in the United Kingdom under Appendix Global Talent, Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to those rules;; or

  2. (b)

     a sponsor licence in connection with sponsoring the applicant under Appendix Scale-up to those rules;

• “being looked after by a local authority” means being looked after by a local authority (or in Northern Ireland, an authority) under—

  1. a

     section 22(1) of the Children Act 1989 M11;

  2. b

     section 17(6) of the Children (Scotland) Act 1995 M12;

  3. c

     article 25(1) of the Children (Northern Ireland) Order 1995 M13; or

  4. d

     section 74(1) of the Social Services and Well-being (Wales) Act 2014 M14;

• “biometric immigration document” has the same meaning as provided in section 5 of the 2007 Act M15;

• “certificate of sponsorship”—

  1. a

     F4... means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a sponsored worker;

  2. b

     F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F326...

• “child” means a person under the age of 18;

• “contractor” means a person with whom the Secretary of State has entered into a contract, by which the person agrees to provide certain services in connection with immigration or nationality to applicants;

• “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 M16;

• “dependant” in respect of a person (“P”) means—

  1. a

     the spouse or civil partner of P;

  2. b

     someone who has been living with P in a relationship akin to a marriage or civil partnership for at least two years; or

  3. c

     any other person whose entitlement to make an application referred to in these Regulations arises by virtue of a connection between that person and P;

• “EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963 M17;

• “entry clearance”—

  1. a

     in respect of the United Kingdom has the same meaning as provided in section 33(1) of the 1971 Act M18;

  2. b

     in respect of the Isle of Man has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Isle of Man M19;

  3. c

     in respect of the Bailiwick of Guernsey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Guernsey M20;

  4. d

     in respect of the Bailiwick of Jersey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Jersey M21;

• F76“Global Talent Migrant” has the meaning given by paragraph 6 of the immigration rules;

• “immigration rules” means the rules made under section 3(2) of the 1971 Act;

• “indefinite leave” has the same meaning as provided in section 33(1) of the 1971 Act;

• F534“Innovator Founder” has the meaning given by paragraph 6 of the immigration rules;

• “Isle of Man immigration rules” means the rules made under section 3(2) of the 1971 Act as that section extends to the Isle of Man M22;

• “leave to enter the United Kingdom” means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

• “leave to remain in the United Kingdom” means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

• F535“legacy endorsing body” means an organisation which had previously been approved by the Home Office to endorse an individual or business in connection with an application under the Innovator or Start-up routes but which is not permitted to endorse a new individual or business under the Innovator Founder route;

• “Life in the UK Test” means the test referred to as the Life in the UK Test in Appendix KoLL F150and Appendix KOL UK to the immigration rules and regulation 5A of the British Nationality (General) Regulations 2003 M23;

• “limited leave” has the same meaning as provided in section 33(1) of the 1971 Act;

• “main applicant” means the person who has made an application or claim in connection with immigration, as distinct from a person applying as the dependant of such a person;

• “Points-Based System”—

  1. a

     F151...

  2. b

     F152... means those categories set out in Part 6A of the Isle of Man immigration rules;

• F280“premium services” means optional premium services in connection with immigration or nationality;

• “private medical treatment”—

  1. a

     in respect of the United Kingdom has the same meaning as provided in Appendix V to the immigration rules;

  2. b

     in respect of the Isle of Man has the same meaning as provided in Appendix V to the Isle of Man immigration rules;

• “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 in order to enable a record to be taken of that person's biometric information, where the person is required by regulations made under section 41 of the 1981 Act M24F284... or section 5 of the 2007 Act to provide such information for the purposes of an application or claim in connection with immigration or nationality;

• F285“reuse of a person’s biometric information” means the reuse of a person’s recorded biometric information by the Secretary of State, pursuant to regulations made under section 41 of the 1981 Act or section 5 of the 2007 Act and in connection with an application in connection with immigration or nationality, where that recorded information was provided for the purposes of any other application or claim in connection with immigration or nationality;

• “shortage occupation certificate of sponsorship”—

  1. a

     F6... means a certificate of sponsorship issued in respect of employment in an occupation listed in the Shortage Occupation List F153in Appendix Shortage Occupation List to the immigration rules;

  2. b

     F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “sponsor”—

  1. a

     F8... means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;

  2. b

     F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a sponsor;

• “sponsored worker”—

  1. a

     F10...means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship;

  2. b

     F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F86“Start-up Migrant”—

  1. a

     F154...

  2. b

     F155... has the meaning given by paragraph 6 of the Isle of Man immigration rules;

• F514...

• “Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”F515... F156and, “Tier 1 (Investor) Migrant”F157...—

  1. a

     in respect of the United Kingdom have the meanings given by paragraph 6 of the immigration rules;

  2. b

     in respect of the Isle of Man have the meanings given by paragraph 6 of the Isle of Man immigration rules;

• F516“Tier 1 (Graduate Entrepreneur) Migrant” has the meaning given by paragraph 6 of the Isle of Man immigration rules;

• F158...

  1. a

     F158...

  2. b

     F12...

• F159...

• “Tier 4 Migrant”—

  1. a

     F160...

  2. b

     F161... has the meaning given by paragraph 6 of the Isle of Man immigration rules;

• “Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant”—

  1. a

     F162...

  2. b

     F163... have the meanings given by paragraph 6 of the Isle of Man immigration rules;

• F164...

• “travel document” means a document which—

  1. a

     is not a passport;

  2. b

     allows a person (or, if the person has died, the body of that person) to travel outside the United Kingdom; and

  3. c

     is issued by the Home Office to a person who is either a refugee or stateless, or cannot obtain or use a passport issued by the person's own country;

• “User-Pays Application Centre” means an office at which applicants can access—

  1. a

     in respect of the United Kingdom, services in connection with immigration or nationality specifically in relation to entry clearance to enter, leave to enter or leave to remain in the United Kingdom;

  2. b

     in respect of the Isle of Man, services in connection with immigration specifically in relation to entry clearance to enter the Isle of Man;

  3. c

     in respect of the Bailiwick of Guernsey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;

  4. d

     in respect of the Bailiwick of Jersey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;

• “visit visa”—

  1. a

     F165in respect of the United Kingdom means entry clearance to enter the United Kingdom as a visitor;

  2. b

     in respect of the Isle of Man has the same meaning as in Appendix V to the Isle of Man immigration rules.

Schedule 4 (sponsorship) has effect to specify the amount of the fees for specified applications, processes, services and premium services for sponsors in relation to sponsorship for the purposes of article 7 of the 2016 Order.

The Secretary of State may waive any fee specified in these Regulations which would otherwise be payable by a person for or in connection with an application made under the Windrush Scheme.

The Secretary of State may refund any fee, or any part of a fee, paid under these Regulations.

Schedule 12 (amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011) M29 has effect.

Where a person seeks to pay any fee specified in these Regulations in a currency other than sterling (“the foreign currency”), the fee payable in the foreign currency is determined by reference to the Home Office Exchange Rate Policy M30 on the date that the payment is made.