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The Immigration and Nationality (Fees) Regulations 2018

Changes over time for: The Immigration and Nationality (Fees) Regulations 2018 (without Schedules)

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Citation, commencement and extentU.K.

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2018.

(2) These Regulations come into force on 6th April 2018.

(3) Subject to paragraphs (4) to (6), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) This regulation and regulations 2, 11, [F113A,] [F213B, 13C, 13D,] 15 and 17 and Schedule 9 also extend to the Isle of Man, but only for the purpose of issuing entry clearance to enter the Isle of Man.

(5) This regulation and regulations 2, 12, [F313A,] [F413B, 13C, 13D,] 15 and 17 and Schedule 10 also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only for the purpose of issuing entry clearance to enter the bailiwick concerned.

(6) Paragraphs (a) and (b) of regulation 18 have the same extent as the instruments which they revoke.

Textual Amendments

InterpretationU.K.

2.  In these Regulations—

“the 1971 Act” means the Immigration Act 1971 M1;

“the 1981 Act” means the British Nationality Act 1981 M2;

“the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 1982 M3;

“the 1999 Act” means the Immigration and Asylum Act 1999 M4;

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002 M5;

“the 2007 Act” means the UK Borders Act 2007 M6;

“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008 M7;

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

[F5“administrative review” means administrative review under Appendix AR or Appendix AR (EU) to the immigration rules;]

“approval letter from a designated competent body”—

(a)

F6...

(b)

F7... means a letter from a designated competent body, within the meaning of the Isle of Man immigration rules M8, endorsing a proposed application for entry clearance to enter the Isle of Man as a Tier 1 (Exceptional Talent) Migrant;

[F8“approval letter from an endorsing body” means a letter from an endorsing body, within the meaning given by Annex 1 of Appendix W to the immigration rules, endorsing a proposed application for entry clearance to enter, leave to enter or leave to remain in the United Kingdom as a Global Talent Migrant;]

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

(a)

section 22(1) of the Children Act 1989 M9;

(b)

section 17(6) of the Children (Scotland) Act 1995 M10;

(c)

article 25(1) of the Children (Northern Ireland) Order 1995 M11; or

(d)

section 74(1) of the Social Services and Well-being (Wales) Act 2014 M12;

“biometric immigration document” has the same meaning as provided in section 5 of the 2007 Act M13;

“certificate of sponsorship”—

(a)

F9... 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;

(b)

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“CESC national” means a person who is a national of a state which has ratified the European Social Charter, agreed by the Council of Europe at Turin on 18th October 1961 M14;

“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 M15;

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

(a)

the spouse or civil partner of P;

(b)

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

(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 M16;

“entry clearance”—

(a)

in respect of the United Kingdom has the same meaning as provided in section 33(1) of the 1971 Act M17;

(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 M18;

(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 M19;

(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 M20;

[F11“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;

[F12“Innovator”—

(a)

in respect of the United Kingdom has the meaning given by paragraph 6 of the immigration rules;

(b)

in respect of the Isle of Man has the meaning given by paragraph 6 of the Isle of Man 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 M21;

“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;

“Life in the UK Test” means the test referred to as the Life in the UK Test in Appendix KoLL to the immigration rules and regulation 5A of the British Nationality (General) Regulations 2003 M22;

“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”—

(a)

in respect of the United Kingdom means those categories set out in Part 6A of the immigration rules [F13and in Appendix ST: Student and Appendix CS: Child Student to those rules];

(b)

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

“private medical treatment”—

(a)

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

(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 M23, section 126 of the 2002 Act M24 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;

“shortage occupation certificate of sponsorship”—

(a)

F14... means a certificate of sponsorship issued in respect of employment in an occupation listed in the Shortage Occupation List set out in Appendix K to the immigration rules;

(b)

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“sponsor”—

(a)

F16... means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;

(b)

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“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”—

(a)

F18...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;

(b)

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20“Start-up Migrant”—

(a)

in respect of the United Kingdom has the meaning given by paragraph 6 of the immigration rules;

(b)

in respect of the Isle of Man has the meaning given by paragraph 6 of the Isle of Man immigration rules;]

“Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”, “Tier 1 (General) Migrant”, “Tier 1 (Graduate Entrepreneur) Migrant”, “Tier 1 (Investor) Migrant”, and “Tier 1 (Post-Study Work) Migrant”—

(a)

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

(b)

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

“Tier 2 Migrant”, “Tier 2 (General) Migrant”, “Tier 2 (Intra-Company Transfer) Migrant”, “Tier 2 (Minister of Religion) Migrant” and “Tier 2 (Sportsperson) Migrant”—

(a)

F21... have the meanings given by paragraph 6 of the immigration rules;

(b)

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23“Tier 2 (Intra-Company Transfer) Long Term Staff Migrant” and “Tier 2 (Intra-Company Transfer) Graduate Trainee Migrant” mean a Tier 2 (Intra-Company Transfer) Migrant granted leave in, respectively, the Long Term staff sub-category or the Graduate Trainee sub-category within the meaning of Part 6A of the immigration rules;]

“Tier 4 Migrant”—

(a)

in respect of the United Kingdom has the meaning given by paragraph 6 of the immigration rules;

(b)

in respect of the Isle of Man 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”—

(a)

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

(b)

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

“transit visit visa” has the same meaning as in Part V7 of Appendix V to the immigration rules;

“travel document” means a document which—

(a)

is not a passport;

(b)

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

(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—

(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;

(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;

(c)

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

(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”—

(a)

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

(b)

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

Textual Amendments

Marginal Citations

M11971 c. 77. This Act was extended subject to modifications to the Bailiwick of Guernsey by S.I. 1993/1796 (as amended by S.I. 2003/2900), S.I. 2011/2444 and S.I. 2015/1533. It was also extended to the Bailiwick of Jersey by S.I. 1993/1797, as amended by S.I. 2003/1252, S.I. 2012/2593 and S.I. 2017/981. It was also extended subject to modifications to the Isle of Man by S.I. 2008/680 as amended by S.I. 2011/1158, S.I. 2011/1408, S.I. 2015/1765, S.I. 2016/156 and SI 2016/755.

M3S.I. 1982/1070, as amended by sections 1(2) and 2(3) of the British Overseas Territories Act 2002 (c. 8), S.I. 1983/1699 and S.I. 2009/1892.

M7S.I. 2008/3048, as amended by S.I. 2009/819, S.I. 2009/3321, S.I. 2010/2958; S.I. 2012/594, S.I. 2015/433 and S.I. 2015/897.

M8Laid before Tynwald on 17th May 2005 (SD 62/05), as amended.

M91989 c. 41. Section 22(1) was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22); section 2(1) and (2) of the Children (Leaving Care) Act 2000 (c. 35); section 116(2) of the Adoption and Children Act 2002 (c. 38); and S.I. 2016/413.

M101995 c. 36. Section 17(6) was amended by paragraph 9(4)(b) of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4); paragraph 2(4) of Schedule 5 to the Children's Hearings (Scotland) Act 2011 (asp 1); and S.S.I. 2013/211.

M122014 anaw 4.

M13Section 5 was amended by paragraph 19 of the Schedule to the Identity Documents Act 2010 (c. 40); the 2008 Regulations were made under this section.

M14(CETS No. 035).

M16OJ No C 113, 24.12.73, p 2.

M17The definition of “entry clearance” in section 33(1) was amended by paragraph 2 of Schedule 4 to the 1981 Act and paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).

M18The definition of “entry clearance” in section 33(1) was extended with modifications to the Isle of Man by article 6 of S.I. 2008/680; there are amendments to that Order but none are relevant.

M19The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Guernsey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, S.I. 1993/1796.

M20The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Jersey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, S.I. 1993/1797, as amended by S.I. 2017/981.

M21Section 3(2) of the Immigration Act 1971 was extended with modifications to the Isle of Man by article 6 of S.I. 2008/680; there are amendments to that Order but none are relevant.

M22S.I. 2003/548; regulation 5A was inserted by S.I. 2004/1726 and subsequently amended by S.I. 2013/2541, S.I. 2015/681 and S.I. 2015/1806.

M23Section 41 was amended by sections 1(3) and (4) and 3 of, and paragraphs 3 to 7 of Schedule 1 to, the 2002 Act, section 50(4) of, and paragraph 1 of Schedule 2, and Schedule 3 to, the Immigration, Asylum and Nationality 2006 Act, section 10 of the Immigration Act 2014 (c. 22) (“the 2014 Act”), S.I. 1986/948 and S.I. 2014/542. Regulations have been made: S.I. 2003/548, as amended by S.I. 2015/738; other amendments have been made but none are relevant.

M24Section 126 was amended by sections 8 and 14(3) of, and paragraph 3 of Schedule 2 and paragraph 19 of Schedule 9 to, the 2014 Act. Regulations have been made: S.I. 2006/1743, as amended by S.I. 2011/1779 and S.I. 2015/737.

Fees for applications, processes and services in connection with immigration and nationalityU.K.

3.  Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) has effect to specify—

(a)the amount of the fees for—

(i)specified applications for entry clearance to enter the United Kingdom for the purposes of article 4 of the 2016 Order;

(ii)specified applications for entry clearance to enter and leave to enter the United Kingdom for the purposes of article 5 of the 2016 Order;

(iii)specified applications for a transit visit visa and an approval letter from [F24an endorsing body] for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay fees referred to in paragraph (a), and F25... circumstances in which such fees may be waived or reduced.

Textual Amendments

4.  Schedule 2 (applications for leave to remain in the United Kingdom) has effect to specify—

(a)the amount of the fees for—

(i)specified applications for leave to remain in the United Kingdom for the purposes of articles 4 and 5 of the 2016 Order;

(ii)applications for an approval letter from [F26an endorsing body] for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay fees referred to in paragraph (a), and F27...circumstances in which such fees may be waived or reduced.

Textual Amendments

5.  Schedule 3 (documents and administration) has effect to specify—

(a)the amount of the fees for specified applications and requests for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay fees referred to in paragraph (a), and F28... circumstances in which such fees may be waived or reduced.

Textual Amendments

6.  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.

7.  Schedule 5 (consular functions) has effect to specify—

(a)the amount of fees for specified consular functions for the purposes of article 8 of the 2016 Order; and

(b)F29... circumstances in which such fees may be waived.

Textual Amendments

8.  Schedule 6 (premium services (in the United Kingdom)) has effect to specify—

(a)the amount of the fees for specified premium services offered in the United Kingdom for the purposes of article 9 of the 2016 Order M25; and

(b)F30... circumstances in which such fees may be waived or reduced.

Textual Amendments

Marginal Citations

M25Amended by S.I. 2017/440.

9.  Schedule 7 (premium services (outside the United Kingdom)) has effect to specify—

(a)the amount of the fees for specified premium services offered outside the United Kingdom for the purposes of article 9 of the 2016 Order; and

(b)F31... circumstances in which such fees may be waived or reduced.

Textual Amendments

10.  Schedule 8 (nationality) has effect to specify—

(a)the amount of the fees for—

(i)specified applications, processes and services in connection with nationality for the purposes of article 10 of the 2016 Order;

(ii)specified applications for certain documents, specified applications for the review of certain applications, or the process of taking a record of an applicant's biometric information for the purposes of article 6 of the 2016 Order; F32...

[F33(aa)an exception to the requirement to pay specified fees referred to in paragraph (a)(i);]

(b)the circumstances in which the fee for arrangement of a citizenship ceremony must be refunded[F34; and

(c)F35... circumstances in which one of the specified fees referred to in paragraph (a)(i) may be waived.]

Textual Amendments

11.  Schedule 9 (applications relating to entry clearance to enter the Isle of Man and premium services) has effect to specify—

(a)the amount of the fees for specified applications for entry clearance to enter the Isle of Man, and for an approval letter from a designated competent body, for the purposes of articles 4, 5 and 5A of the 2016 Order M26;

(b)[F36exceptions to the requirement to pay specified fees] referred to in paragraph (a);

(c)the amount of the fees for specified premium services offered outside the United Kingdom and the Isle of Man for the purposes of article 9A of the 2016 Order M27 as it relates to the Isle of Man; and

(d)F37... circumstances in which fees mentioned in paragraph (a) or (c) may be waived or reduced.

Textual Amendments

Marginal Citations

M26Article 5A was inserted by S.I. 2017/440.

M27Article 9A was inserted by S.I. 2018/329.

12.  Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) has effect to specify—

(a)the amount of the fees for specified applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey for the purposes of articles 4 and 5 of the 2016 Order M28;

(b)the amount of the fees for specified premium services offered outside the United Kingdom and the Bailiwick of Guernsey or the Bailiwick of Jersey (as the case may be) for the purposes of article 9A of the 2016 Order as it relates to the Bailiwick of Guernsey and the Bailiwick of Jersey; and

(c)F38... circumstances in which fees mentioned in paragraphs (a) and (b) may be waived or reduced.

Textual Amendments

Marginal Citations

M28Articles 4 and 5 were extended to the Bailiwick of Guernsey and the Bailiwick of Jersey by S.I. 2017/440.

13.  Schedule 11 (miscellaneous fees) has effect to specify—

(a)the amount of the fees for—

(i)the administration of the Life in the UK test, for the purpose of fee 3.2.1 in the table in article 6 of the 2016 Order;

(ii)an administrative review of a decision for the purpose of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fee referred to in (a)(ii), and F39... circumstances in which such a fee may be waived or reduced.

Textual Amendments

[F40Windrush Scheme: power to waive feesU.K.

13A.  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.]

Textual Amendments

[F41Power to waive fees: exceptional circumstances affecting a number of individualsU.K.

13B.—(1) Paragraph (2) applies where the Secretary of State considers that—

(a)there are exceptional circumstances significantly affecting a number of individuals who are in the same or a similar situation, and

(b)those circumstances are beyond the control of those individuals.

(2) Where the Secretary of State considers it appropriate to do so because of the effect of those circumstances on those individuals, the Secretary of State may decide, in relation to every one of those individuals, to waive the payment by them of any fee specified by these Regulations in respect of any particular description of application, request, process or service.

(3) The Secretary of State’s power under paragraph (2) is in addition to, and does not limit, the Secretary of State’s other powers under these Regulations to waive the payment of fees.

Textual Amendments

Power to waive fees in consequence of a decision of a court or tribunalU.K.

13C.—(1) The Secretary of State may waive the payment of any fee specified in these Regulations where the Secretary of State considers it appropriate to do so in consequence of a decision of any court or tribunal in the United Kingdom.

(2) The Secretary of State’s power under paragraph (1) is in addition to, and does not limit, the Secretary of State’s other powers under these Regulations to waive the payment of fees.

Textual Amendments

General power to refund feesU.K.

13D.  The Secretary of State may refund any fee, or any part of a fee, paid under these Regulations.]

Textual Amendments

Amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011U.K.

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

Marginal Citations

Rate of exchangeU.K.

15.  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.

Marginal Citations

M30Accessible at https://www.gov.uk/government/publications/exchange-rate-policy.

Consequences of failing to pay the specified fee for an applicationU.K.

16.—(1) Where a person is required to pay a fee specified in these Regulations for an application, but fails to pay that fee, the Secretary of State may—

(a)reject the application as invalid; or

(b)request the person to pay the outstanding amount.

(2) Where paragraph (1)(b) applies—

(a)the person must pay the outstanding amount within 10 working days beginning with the day on which the request for payment was made;

(b)if the outstanding amount is not paid within the period mentioned in sub-paragraph (a), the Secretary of State must reject the application as invalid.

(3) The period of 10 working days referred to in paragraph (2)(a) begins—

(a)where the request for payment is made in writing, on the day that the request is sent;

(b)where the request is made by telephone or in person, on the day that the request is made.

Payments for in person applicationsU.K.

17.—(1) Where—

(a)an application is made in person; and

(b)the applicant pays the fee in relation to such an application prior to the date that the application is made,

the fee payable is that in relation to the relevant application on the date of payment.

(2) In this regulation, the date of payment means the date on which the payment is made by the applicant, unless it is made by post, in which case it means the date that the payment is posted.

RevocationsU.K.

18.  The following are revoked—

(a)the Immigration and Nationality (Fees) Regulations 2017 M31 except regulation 14 of, and paragraph 1(1) and (3) of Schedule 12 to, those Regulations;

(b)the Immigration and Nationality (Fees) (Amendment) Regulations 2017 M32.

Marginal Citations

Caroline Nokes

Minister of State

Home Office

We consent

Paul Maynard

Craig Whittaker

Two of the Lords Commissioners of Her Majesty's Treasury

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