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The Immigration and Nationality (Fees) Regulations 2018

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Regulation 4

SCHEDULE 2U.K.APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

This schedule has no associated Explanatory Memorandum

Modifications etc. (not altering text)

InterpretationU.K.

1.—(1) In this Schedule—

“Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—

(a)

a person making a claim for asylum under Part 11 of the immigration rules which has either not been determined or has been granted;

(b)

a person who has been granted humanitarian protection under that Part of the immigration rules;

(c)

a person claiming that, due to an ongoing medical condition, removal from the United Kingdom would be incompatible with Article 3 of the European Convention on Human Rights;

(d)

a person who is a dependant of a refugee or person granted humanitarian protection under the immigration rules and is applying for leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

(e)

a child who was born in the United Kingdom to a person referred to in paragraph (a) or (b);

“claim for asylum” has the meaning given by section 94(1) of the 1999 Act M1;

F1...

“specified human rights application” means an application for limited leave to remain in the United Kingdom under—

(a)

[F2Appendix Private Life to the immigration rules;]

(b)

section R-LTRP.1.1. (a), (b) [F3, (c)] and (d) of Appendix FM to the immigration rules;

(c)

section R-LTRPT.1.1. (a), (b) [F4, (c)] and (d) of Appendix FM to the immigration rules; or

(d)

any other application other than an Article 3 or Refugee Convention application in which the applicant relies solely or primarily on a claim that to remove the applicant from the United Kingdom or to require the applicant to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 M2 (public authority not to act contrary to Convention rights);

F1...

F1...

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

(a)the day 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, the day on which the appeal is disposed of; or

(c)if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act M3 or section 2 of the Special Immigration Appeals Commission Act 1997 M4, the day on which the appeal is disposed of.

[F5(2A) In this Schedule, a reference to an application for limited leave to remain under an Appendix to the immigration rules being for limited leave to remain—

(a)as the dependant partner or dependant child [F6, or the dependent partner or dependent child,] of a particular description of person, or

(b)as a dependant partner or dependant child [F7or a dependent partner or dependent child], or any other description of dependant, on a particular route under that Appendix,

is to be construed in accordance with the Appendix in question.]

[F8(3) For the purposes of sub-paragraph (2A) there is to be regarded as being no difference between—

(a)the expressions “dependant partner” and “dependent partner”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other, or

(b)the expressions “dependant child” and “dependent child”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other.]

Textual Amendments

Marginal Citations

M1Section 94(1) was amended by section 60 of the 2002 Act and S.I. 2008/2833. It was also amended by section 44 of the 2002 Act but those amendments are not yet in force and have been prospectively repealed, from a date to be appointed, by paragraph 41 of Schedule 11 to the Immigration Act 2016 (“the 2016 Act”). Section 94(1) has also been prospectively amended, from a date to be appointed, by paragraphs 3 and 7 of Schedule 11 to the 2016 Act.

M21998 c. 42; section 6(4) was repealed by paragraph 66 of Schedule 9 to the Constitutional Reform Act 2005 (c. 4).

M3Section 82 was substituted by section 15(2) of the Immigration Act 2014 (“the 2014 Act”).

M41997 c.68; section 2 was substituted by paragraph 20 of Schedule 7 to the 2002 Act and was amended by paragraph 14 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006 Act, paragraphs 2 and 26 of Schedule 9 to the 2014 Act and section 64(2) of the 2016 Act. The amendments made to section 2 by paragraph 26 of Schedule 9 to the 2014 Act are not yet in force.

Fees for, and in connection with, applications for leave to remain in the United KingdomU.K.

2.—(1) Table 6 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom and the amount of the fee for an approval letter from [F9an endorsing body].

(2) Table 7 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom as the dependant of a main applicant.

(3) Table 8 specifies the amount of the fee for an application for indefinite leave to remain in the United Kingdom F10... .

F11(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Table 9 provides for exceptions to and waivers of the requirement to pay certain fees specified in Tables 6, 7 [F12and 8].

(5) Paragraph 3 makes provision for the amount of the fees to be paid in respect of an application for leave to remain in the United Kingdom by a dependant of a main applicant, in cases [F13where the fees specified in 6.2C.1 or 6.2C.2 of Table 6 or in Table 7 do not apply].

[F14(5A) Paragraph 3A provides for the reduction in specified circumstances of fees for applications for limited leave to remain in the United Kingdom [F15under Appendix Skilled Worker to the immigration rules].]

(6) F16... The fees specified in Tables 6, 7 [F17and 8] are subject to paragraph 5 (variation of an application for leave to remain in the United Kingdom).

Table 6 (Fees for applications for limited leave to remain in the United Kingdom and connected applications)

Number of feeType of applicationAmount of fee
6.1General fee for applications for limited leave to remain in the United Kingdom
6.1.1Application for limited leave to remain in the United Kingdom where the fee is not specified elsewhere in these Regulations.[F18£1,048]
6.2 [F19Fees for applications for limited leave to remain in the United Kingdom under Tier 1 or as a worker, temporary worker or student]
F20. . .F20. . .F20. . .
F20. . .F20. . .F20. . .
F20. . .F20. . .F20. . .
6.2.4Application for limited leave to remain in the United Kingdom as a Tier 1 (Entrepreneur) Migrant.[F21£1,292]
F22. . .F22. . .F22. . .
6.2.6Application for limited leave to remain in the United Kingdom as a Tier 1 (Investor) Migrant.[F23£1,638]
[F246.2.6A

Application for limited leave to remain in the United Kingdom—

(a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker,

[F25(b) under Appendix Global Business Mobility – Senior or Specialist Worker to those rules, other than as a dependent partner or dependent child of a Senior or Specialist Worker, or]

(c) under Appendix T2 Minister of Religion to those rules, other than as a dependant partner or dependant child on the T2 Minister of Religion route under that Appendix, F26...

(d) F26...

where a certificate of sponsorship has been issued for a period of three years or less and fee 6.2.6C does not apply.

[F27£719]
6.2.6B

Application for limited leave to remain in the United Kingdom—

(a) under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, or

[F28(b) under Appendix Global Business Mobility – Senior or Specialist Worker to those rules, other than as a dependent partner or dependent child of a Senior or Specialist Worker,]

where a certificate of sponsorship has been issued for a period of more than three years and fee 6.2.6D does not apply.

[F29£1,423]
6.2.6C Application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of three years or less. [F30£479]
6.2.6DApplication for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where a shortage occupation certificate of sponsorship has been issued for a period of more than three years.[F31£943]
F32. . .F32. . .F32. . .
[F336.2.6F

Application for limited leave to remain in the United Kingdom under—

(a) Appendix Temporary Work – Religious Worker to the immigration rules, other than as a dependent partner or dependent child of a Religious Worker,

(b) Appendix Temporary Work – Charity Worker to those rules, other than as a dependent partner or dependent child of a Charity Worker,

(c) Appendix Temporary Work – Creative Worker to those rules, other than as a dependent partner or dependent child of a Creative Worker,

(d) Appendix Temporary Work – International Agreement to those rules, other than as a dependent partner or dependent child on the International Agreement route under that Appendix, or

(e) Appendix Temporary Work – Government Authorised Exchange to those rules, other than as a dependent partner or dependent child on the Government Authorised Exchange route under that Appendix.

[F34£259]]
[F356.2.6G Application for limited leave to remain in the United Kingdom under Appendix Graduate to the immigration rules, other than as the dependant partner or dependant child of a Graduate.[F36£715]]
[F376.2.6H Application for limited leave to remain in the United Kingdom under Appendix International Sportsperson to the immigration rules, other than as a dependent partner or dependent child of an International Sportsperson, where a certificate of sponsorship has been issued for a period of 12 months or less.[F38£259]
6.2.6IApplication for limited leave to remain in the United Kingdom under Appendix International Sportsperson to the immigration rules, other than as a dependent partner or dependent child of an International Sportsperson, where a certificate of sponsorship has been issued for a period of more than 12 months.[F39£719]]
[F406.2.6J

Application for limited leave to remain in the United Kingdom—

(a) under Appendix Global Business Mobility – Graduate Trainee to the immigration rules, other than as a dependent partner or dependent child of a Graduate Trainee,

(b) under Appendix Global Business Mobility – UK Expansion Worker to those rules, other than as a dependent partner or dependent child of a UK Expansion Worker,

(c) under Appendix Global Business Mobility – Service Supplier to those rules, other than as a dependent partner or dependent child of a Service Supplier, or

(d) under Appendix Global Business Mobility – Secondment Worker to those rules, other than as a dependent partner or dependent child of a Secondment Worker.

£259
6.2.6KApplication for limited leave to remain in the United Kingdom made under Appendix Scale-up to the immigration rules, other than as a dependent partner or dependent child on the Scale-up route under that Appendix.£715]
F41. . .F41. . .F41. . .
F41. . .F41. . .F41. . .
F41. . .F41. . .F41. . .
F41. . .F41. . .F41. . .
F41. . .F41. . .F41. . .
[F426.2.6L Application for limited leave to remain in the United Kingdom made under Appendix High Potential Individual to the immigration rules, other than as a dependent partner or dependent child of a High Potential Individual.£715]
[F436.2.11A

Application for limited leave to remain in the United Kingdom under—

(a) [F44Appendix Student] to the immigration rules, other than an application for limited leave to remain in the United Kingdom as the dependant partner or dependant child of a Student F45..., or

(b) [F46Appendix Child Student] to those rules.

[F47£490]]
F48. . .F48. . .F48. . .
F49. . .F49. . .F49. . .
[F506.2A Fees for applications for limited leave to remain in the United Kingdom [F51under Appendix Innovator or Appendix Start-up to the immigration rules]]
[F506.2A.1 Application for limited leave to remain in the United Kingdom [F52under Appendix Innovator to the immigration rules, other than as a dependant partner or dependant child on the Innovator route under that Appendix].[F53£1,292]]
[F506.2A.2 Application for limited leave to remain in the United Kingdom [F54under Appendix Start-up to the immigration rules, other than as a dependant partner or dependant child on the Start-up route under that Appendix].[F55£508]]
[F566.2BFees for and in connection with applications for limited leave to remain in the United Kingdom [F57under Appendix Global Talent to the immigration rules]
6.2B.1Application to the Home Office for an approval letter from an endorsing body in respect of a proposed application for limited leave to remain in the United Kingdom [F58under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix].£456
6.2B.2Application for limited leave to remain in the United Kingdom [F59under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix,] where fee 6.2B.1 applies.[F60£167]
6.2B.3Application for limited leave to remain in the United Kingdom [F59under Appendix Global Talent to the immigration rules, other than as a dependant partner or dependant child on the Global Talent route under that Appendix,] where fee 6.2B.1 does not apply.[F61£623]]
[F626.2C Fees for applications for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules
6.2C.1

Application for limited leave to remain in the United Kingdom for a period of thirty months under Appendix Hong Kong British National (Overseas) to the immigration rules.

£180
6.2C.2

Application for limited leave to remain in the United Kingdom for a period of five years under Appendix Hong Kong British National (Overseas) to the immigration rules.

£250]
6.3Fees for other applications for limited leave to remain in the United Kingdom
6.3.1 [F63Application for limited leave to remain in the United Kingdom under Appendix Representative of an Overseas Business to the immigration rules, other than as a dependant partner or dependant child on the Representative of an Overseas Business route under that Appendix.][F64£719]
F65. . .F65. . .F65. . .
6.3.3Application for limited leave to remain in the United Kingdom as a visitor.[F66£1,000]

Table 7 (Fees for specified applications for limited leave to remain in the United Kingdom as a dependant)

Number of feeType of applicationAmount of fee
7.1Specified fees for applications for leave to remain in the United Kingdom as the dependant of a main applicant
7.1.1Application for limited leave to remain in the United Kingdom as the dependant of a Tier 1 (Exceptional Talent) Migrant.[F67£623]
F68. . .F68. . .F68. . .
F69. . .F69. . .F69. . .
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .
F69. . .F69. . .F69. . .
[F717.1.5 Application for limited leave to remain in the United Kingdom under Appendix Global Talent to the immigration rules as a dependant partner or dependant child on the Global Talent route under that Appendix. [F72£623]]

Table 8 (Fees for applications for indefinite leave to remain in the United Kingdom F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .)

Number of feeType of applicationAmount of fee
8.1General fee for applications for indefinite leave to remain in the United Kingdom
8.1.1Application for indefinite leave to remain in the United Kingdom F74. . . . . . . . . . [F75£2,404]

Table 8A (fees for applications for indefinite leave to remain in the United Kingdom)

F76. . . . . . . . . . . .

Table 9 (Exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)

Number and description of exception or waiverFees to which exception or waiver applies
9.1Article 3 or Refugee Convention applications
No fee is payable in respect of an Article 3 or Refugee Convention application.Fees 6.1.1, 8.1.1
9.2Applications for leave to remain under the Destitution Domestic Violence concession
No fee is payable in respect of an application made under the Destitution Domestic Violence Concession M5 operated outside the immigration rules by the Secretary of State.Fee 6.1.1
9.3Applications for leave to remain in the United Kingdom as a victim of domestic violence or abuse under paragraph 289A, Appendix FM or Appendix Armed Forces
No fee is payable in respect of an application as a victim of domestic violence or abuse under paragraph 289A of, or Appendix FM or Appendix Armed Forces to, the immigration rules where, at the time of making the application, the applicant appears to the Secretary of State to be destitute M6.Fee 8.1.1
9.4Specified human rights applications where to require payment of the fee would be incompatible with the applicant's Convention rights
No fee is payable in respect of a specified human rights application where to require payment of the fee would be incompatible with the applicant's Convention rights.Fee 6.1.1
9.5Short term variation of leave to remain in the United Kingdom
No fee is payable in respect of an application made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to remain in the United Kingdom for a period of up to six months.

Fees [F776.2.11A], [F786.2.6F], 6.3.1 F79...

9.6Children being looked after by a local authority
No fee is payable in respect of an application made in respect of a person who, at the time of making the application, is a child and is being looked after by a local authority.Fees 6.1.1, [F806.2.11A], [F816.2.6F], [F826.2.6H, 6.2.6I,] 8.1.1 F83. . .
9.7Applications under [F84Appendix ECAA Extension of Stay to the immigration rules]
No fee is payable in respect of an application made under [F85Appendix ECAA Extension of Stay to the immigration rules].Fee 6.1.1
9.8Applications from stateless persons
No fee is payable in respect of an application for limited leave to remain or indefinite leave to remain in the United Kingdom as a stateless person, or as the family member of a stateless person, under Part 14 of the immigration rules.Fees 6.1.1, 8.1.1
9.9Applications for variation of limited leave to enter or remain in the United Kingdom to allow recourse to public funds

No fee is payable in respect of an application for variation of the conditions attached to a grant of limited leave to enter or remain in the United Kingdom, in order to be permitted access to public funds, by a person who has been granted such leave (subject to a condition of no recourse [F86or access] to public funds)—

(a)under—

(i)paragraph 276BE(1) (including when F87... read with paragraph 276A01(1)) of Part 7 of the immigration rules;

(ii)paragraph 276DG of that Part of the immigration rules;

(iii)paragraph D-LTRP.1.2. (including when it is read with paragraph GEN.2.3.(1).) of Appendix FM to the immigration rules;

(iv)paragraph D-LTRPT.1.2. (including when it is read with paragraph GEN.2.3.(1).) of Appendix FM to the immigration rules;

(v)paragraph D-ILRP.1.2. of Appendix FM to the immigration rules; F88...

(vi)paragraph D-ILRPT.1.2. of Appendix FM to the immigration rules; F89[F90...

(vii)Appendix Hong Kong British National (Overseas) to the immigration rules;] [F91or

(viii) Appendix Private Life to the immigration rules;]

(b)outside the immigration rules—

(i)as mentioned in paragraph 276BE(2) (including when it is read with paragraph 276A01(1)) of Part 7 of the immigration rules; or

F92(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F93(iii) on the basis of the right to private and family life under Article 8 of the European Convention on Human Rights]

[F94Fees 6.1.1, 6.2C.1, 6.2C.2]
9.10 [F95Grant of leave to remain in the United Kingdom under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules]
9.10.1 [F96No fee is payable in respect of the first grant of leave under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules) (“the Appendix”) (whether or not an application is made for such leave to be granted).]Fee 6.1.1
9.10.2 [F97No fee is payable in respect of a further grant of leave under the Appendix where the individual—

(a)has not yet accrued in total thirty months limited leave to remain in the United Kingdom, granted as discretionary leave or under the Appendix; or

(b)was not originally granted thirty months limited leave to remain in the United Kingdom (granted as discretionary leave or under the Appendix) and the application is to allow the individual to have in total thirty months limited leave.]

.		Fee 6.1.1
9.10.3

[F98No fee is payable in respect of an application made under the Appendix where—

(a)9.10.2 does not apply because the individual has accrued—

(i)thirty months or more limited leave to remain in the United Kingdom granted as discretionary leave;

(ii)thirty months or more limited leave to remain in the United Kingdom granted under the Appendix; or

(iii)a total of thirty months or more limited leave to remain in the United Kingdom granted as discretionary leave or under the Appendix; and

(b)at the time of making the application the individual appears to the Secretary of State to be destitute.]

Fee 6.1.1
9.10.4No fee is payable by a dependant of a person granted an exception under 9.10.1 to 9.10.3.Fee 6.1.1
9.11Applications for leave as a domestic worker who is the victim of slavery or human trafficking
9.11.1No fee is payable in respect of an application for leave to remain made under [F99Appendix Domestic Worker who is a Victim of Modern Slavery to the immigration rules].Fee 6.1.1
9.12Applications by qualifying residents of Grenfell Tower and Grenfell Walk
9.12.1No fee is payable in respect of an application for leave to remain made under the Grenfell Tower Immigration Cases Policy for qualifying residents of Grenfell Tower and Grenfell Walk M7. [F100Fees 6.1.1, 8.1.1]
9.12.2

The official determining an application for leave to remain may decide to waive the payment of the fee where the application is made (on or after the day on which these Regulations come into force)—

(a)by a person who, on 31st January 2018, was eligible to be considered under the policy referred to in 9.12.1; or

(b)in respect of a child born on or after 14th June 2017 in the United Kingdom to a person who was so eligible on 31st January 2018 (whether or not the person had come forward for consideration under the policy by that date).

[F100Fees 6.1.1, 8.1.1]
F101. . . F101. . .
[F1029.14Applications for leave to remain in the United Kingdom by relevant Afghan citizens and their dependants
9.14.1No fee is payable in respect of an application for limited leave to remain in the United Kingdom made under paragraph 305 of the immigration rules in respect of a child of a person given limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 of the immigration rules [F103before 6th October 2021].Fee 6.1.1
9.14.2 [F104No fee is payable in respect of an application under Part 7 of the immigration rules for indefinite leave to remain in the United Kingdom as—

(a) a relevant Afghan citizen,

(b) the partner of a relevant Afghan citizen, or

(c) the minor dependent child of a relevant Afghan citizen or of their partner

(with the expressions used in (a), (b) and (c) having the same meaning as in that Part).]

Fee 8.1.1
9.15Applications for indefinite leave to remain in the United Kingdom by persons relocated to the United Kingdom under section 67 of the Immigration Act 2016 (unaccompanied refugee children: relocation and support)
No fee is payable in respect of an application for indefinite leave to remain in the United Kingdom made under paragraph 352ZN of the immigration rules.Fee 8.1.1]
[F1059.16 Applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules]
[F105No fee is payable in respect of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules. Fees 6.1.1, 8.1.1]
[F1069.17Applications for limited leave to remain in the United Kingdom made under Appendix S2 Healthcare Visitor to the immigration rules
No fee is payable in respect of an application for limited leave to remain in the United Kingdom made under Appendix S2 Healthcare Visitor to the immigration rules. Fees 6.1.1, 6.3.3]
[F1079.18Applications for indefinite leave to remain in the United Kingdom by certain foreign or Commonwealth citizens discharged from HM Forces

No fee is payable in respect of an application for indefinite leave to remain in the United Kingdom made under paragraph 16 of Appendix Armed Forces to the immigration rules if—

(a) in a case where the application is made on the basis of the completion of a period of reckonable service in HM Forces, the applicant’s period of reckonable service is at least 6 years, or

(b) in a case where the application is made on the basis of meeting the medical discharge criteria, the cause was attributable to service in HM Forces

(with expressions used in (a) and (b) being construed in accordance with that Appendix).

Fee 8.1.1
9.19Applications for limited leave to remain in the United Kingdom under Appendix Innovator to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain
No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Innovator to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph INN 22.1A or INN 42.1A of that Appendix, of an application for indefinite leave to remain in the United Kingdom.Fee 6.2A.1
9.20Applications for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain
No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph HK 64.1A of that Appendix, of an application for indefinite leave to remain in the United Kingdom.Fees 6.2C.1, 6.2C.2
9.21Applications for limited leave to remain in the United Kingdom under Appendix Private Life to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain
No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Private Life to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph PL 18.2 or PL 33.2 of that Appendix, of an application for indefinite leave to remain in the United Kingdom.Fee 6.1.1
9.22Applications for limited leave to remain in the United Kingdom under Appendix FM to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain under Appendix Settlement Family Life to those rules
No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix FM to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph SETF 9.2 or SETF 17.2 of Appendix Settlement Family Life to those rules, of an application for indefinite leave to remain in the United Kingdom under Appendix Settlement Family Life to those rules.Fee 6.1.1
9.23Applications for indefinite or limited leave to remain in the United Kingdom: waiver of fee as a remedy for maladministration

The Secretary of State may waive the payment of any fee specified in Table 6, 7 or 8 in respect of an application for limited or indefinite leave to remain in the United Kingdom where the Secretary of State considers that—

(a) the person in respect of whom the application is made has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and

(b) the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application.

All Fees in Tables 6, 7 and 8]
[F1089.24Applications for limited leave to remain in the United Kingdom under Appendix Ukraine Scheme to the immigration rules
No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Ukraine Scheme to the immigration rules.Fee 6.1.1]

Textual Amendments

F40Words in Sch. 2 Table 6 inserted (11.4.2022 for specified purposes, 22.8.2022 in so far as not already in force) by The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022 (S.I. 2022/296), regs. 1(4)(d)(9)(b), 6(3)(d)

Marginal Citations

M5The Destitution Domestic Violence Concession enables destitute applicants who intend to apply for indefinite leave to remain in the United Kingdom as a victim of domestic violence or abuse to be provided with access to public funds pending resolution of their application. Further information is available at www.gov.uk/government/uploads/system/uploads/attachment_data/file/679269/victims-of-domestic-violence-and-abuse-DDV-concession-v1_0.pdf

M6More information on the exercise of this destitution policy is available at www.gov.uk/government/uploads/system/uploads/attachment_data/file/680977/victims-of-domestic-violence-v14.pdf.

M7The policy, is accessible at www.gov.uk/government/publications/grenfell-tower-fire-handling-immigration-cases. As of 1st February 2018, it is closed to new cases but leave granted under the policy before that date can be extended under the policy after that date.

[F109Applications by dependantsU.K.

3.—(1) The fee for an application for leave to remain in the United Kingdom made by the dependant of a main applicant is—

(a)where the dependant’s application is not made at the same time as the main applicant’s application, the fee paid by the main applicant under Table 6 or 8 (as the case may be) in respect of their last application for limited leave to remain in the United Kingdom which was made before the dependant’s application;

(b)in any other case, the fee specified in Table 6 or 8 (as the case may be) in respect of the main applicant’s application.

(2) Sub-paragraph (1) does not apply in respect of applications for which a fee is specified in—

(a)6.2C.1 or 6.2C.2 of Table 6; or

(b)Table 7.

(3) The fee payable in accordance with sub-paragraph (1) is subject to—

(a)the exceptions and waivers set out in Table 9 (other than the exception in 9.18 of that Table); and

(b)paragraph 3A.]

Textual Amendments

[F110Reduction of fees for Health and Care Visa applications and related applications by dependantsU.K.

3A.—(1) In this paragraph—

a “Health and Care Visa application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where the certificate of sponsorship issued in respect of the application confirms the applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance;

a “relevant dependant’s application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker where—

(a)

the certificate of sponsorship issued in respect of the application by the main applicant confirms the main applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance, or by the Tier 2 Policy Guidance where the main applicant’s application was made before 9.00 a.m. on 1st December 2020, or

(b)

the applicant has a sponsor’s letter or email referred to in paragraph 9 of the Health and Care Visa Guidance.

(2) In the case of a Health and Care Visa application, the fee under 6.2.6A, 6.2.6B, 6.2.6C or 6.2.6D of Table 6 payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules is to be reduced—

(a)by £472, where it is the fee specified by 6.2.6A of that Table;

(b)by £944, where it is the fee specified by 6.2.6B of that Table;

[F111(c)by £232, where it is the fee specified by 6.2.6C of that Table;

(d)by £464, where it is the fee specified by 6.2.6D of that Table.]

(3) In the case of a relevant dependant’s application where the application by the main applicant was made at or after 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a)by £472, where it is the fee specified by 6.2.6A of Table 6;

(b)by £944, where it is the fee specified by 6.2.6B of that Table;

[F112(c)by £232, where it is the fee specified by 6.2.6C of that Table;

(d)by £464, where it is the fee specified by 6.2.6D of that Table.]

(4) In the case of a relevant dependant’s application where the application by the main applicant was made before 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a)by £472, where it is the fee specified by 6.2.7 of Table 6 as it continues to have effect by virtue of regulation 14(6) of the Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020;

(b)by £944, where it is the fee specified by 6.2.8 of that Table as it continues to have effect by virtue of that regulation;

[F113(c)by £232, where it is the fee specified by 6.2.9 of that Table as it continues to have effect by virtue of that regulation (and as modified by paragraph 4(4) of Schedule 2 to the Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022);

(d)by £464, where it is the fee specified by 6.2.10 of that Table as it continues to have effect by virtue of that regulation (and as modified by paragraph 4(5) of Schedule 2 to the Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022).]

(5) In sub-paragraph (1)—

(a)the references to “the Health and Care Visa Guidance” are references to the document entitled “Health and Care Visa Guidance” published by the Home Office;

(b)the reference to “the Tier 2 Policy Guidance” is a reference to the document entitled “Tier 2 of the Points-Based System – Policy Guidance” published by the Home Office.]

Textual Amendments

Applications made by CESC NationalsU.K.

F1144.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Variation of an application for leave to remain in the United KingdomU.K.

5.—(1) This sub-paragraph applies where—

(a)an application for leave to remain in the United Kingdom is made in respect of a person on or after the day that these Regulations come into force; but

(b) before that application [F115(“the first application”)] is determined a further application is submitted which has the effect of varying it.

F116(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F117(3) Where sub-paragraph (1) applies F118... the Secretary of State must refund any fee (or fees) paid in respect of the first application.]]

Textual Amendments

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