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The Immigration and Nationality (Fees) Regulations 2018

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Regulation 5

SCHEDULE 3U.K.DOCUMENTS AND ADMINISTRATION

This schedule has no associated Explanatory Memorandum

InterpretationU.K.

1.  In this Schedule—

F1...

[F2“Appendix EU biometric residence card” means a document (within the meaning given by section 126(9) of the Nationality, Immigration and Asylum Act 2002) issued to a person granted leave to remain in the United Kingdom under Appendix EU to the immigration rules on which biometric information is recorded under regulation 6A of the Immigration (Provision of Physical Data) Regulations 2006;]

“Assisted Voluntary Return programme” means any arrangements made by the Secretary of State under section 58 of the 2002 Act;

“certificate of travel” means a travel document issued at the discretion of the Secretary of State to a person who has been granted leave to remain in the United Kingdom and is unable to obtain a passport issued by their national authority;

“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 M1;

“Direct Airside Transit Visa” means a transit visa within the meaning of section 41(2) of the 1999 Act, authorising the holder to remain within an airport, without passing through immigration control, pending departure on another flight from the same airport;

“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;

“Electronic Visa Waiver” means a document authorising a person to travel to the United Kingdom for the purpose of entry to the United Kingdom where that person, in the absence of such a document, would require entry clearance in order to do so;

[F3“ETA” has the meaning given by section 11C of the 1971 Act (electronic travel authorisations);]

“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 M2;

“transfer of conditions” means [F4an addition to a passport,] or other document issued to an applicant which indicates that a person has been granted leave to enter or leave to remain in the United Kingdom.

Textual Amendments

Marginal Citations

M1United Nations, Treaty Series, volume 189 at page 137.

M2United Nations, Treaty Series, volume 360 at page 117.

Fees for documentsU.K.

2.—(1) Table 10 specifies the amount of the fees for the specified applications and requests for and in connection with documents relating to immigration or nationality.

(2) Table 11 provides for exceptions to the requirement to pay fees specified in Table 10 for applications for travel documents [F5and for processing an application or claim which is later rejected as invalid].

(3) Table 12 specifies the amount of the fees for the specified applications for biometric immigration documents F6....

(4) Table 13 provides for exceptions to the requirement to pay fees specified in [F7Tables 10 and 12].

(5) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the specified fee in 12.2.4.

[F8(6) Paragraph 4 confers a discretion on the Secretary of State to waive, in specified circumstances, any fee specified in Table 10 or 12.]

[F9(7) Paragraph 5 confers a discretion on the Secretary of State to waive part of the specified fee in 10.8.1 in specified circumstances.]

Table 10 (Fees for miscellaneous documents and services)

Number of feeType of applicationAmount of fee
F10...F10...
F10. . .F10. . .F10. . .
F11. . .F11. . .F11. . .
10.2Fee for applications made overseas for a transfer of conditions
10.2.1Application for a transfer of conditions where the application is made outside the United Kingdom.£154
10.3Fees for applications for travel documents
10.3.1Application for a certificate of travel where the person in respect of whom the application is made is aged 16 or over when the application is received by the Secretary of State.£280
10.3.2Application for a certificate of travel where the person in respect of whom the application is made is under the age of 16 when the application is received by the Secretary of State.£141
10.3.3Application 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 aged 16 or over when the application is received by the Secretary of State.[F12£82]
10.3.4Application 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 when the application is received by the Secretary of State.[F13£53]
10.4Fee for applications for a Direct Airside Transit Visa
10.4.1Application for a Direct Airside Transit Visa.£35
F14...F14...
F14. . .F14. . .F14. . .
[F1510.5A Fees for applications for a replacement F16... Appendix EU biometric residence card]
[F1510.5A.1 Application for a replacement of an Appendix EU biometric residence card that has been lost, stolen, damaged or destroyed.[F17£19]]
F18. . .F18. . .F18. . .
F18...F18...
F18. . .F18. . .F18. . .
F11. . .F11. . .F11. . .
F18. . .F18. . .F18. . .
F11. . .F11. . .F11. . .
F18. . .F18. . .F18. . .
10.7Electronic Visa Waiver
10.7.1Request for an Electronic Visa Waiver.[F19£30]
[F2010.7AElectronic Travel Authorisation
10.7A.1Request for an ETA where required in accordance with Appendix Electronic Travel Authorisation to the immigration rules £10]
10.8 [F21Fee] for processing an application or claim which is later rejected as invalid
10.8.1Processing an application or claim which is rejected as invalid prior to a decision being issued F22. . .£25
F23. . .F23. . .F23. . .
F23. . .F23. . .F23. . .

Table 11 (Exceptions to requirement to pay fees for applications for travel documents [F24and for processing an application or claim later rejected as invalid])

Number and description of the exceptionFees to which exception applies
11.1Travel documents for bodies being taken outside the United Kingdom for burial or cremation
No fee is payable in respect of an application for a travel document for a body that is being taken outside the United Kingdom for the purposes of burial or cremation.Fees 10.3.1 to 10.3.4
11.2Travel 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 10.3.1 to 10.3.4
11.3Travel documents for the purposes of the Assisted Voluntary Return programme
No fee is payable in respect of an application for a document of identity for the purposes of the Assisted Voluntary Return programme.Fees 10.3.1 to 10.3.4
11.4Travel 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 10.3.1 to 10.3.4
[F2511.5Processing an application or claim which is later rejected as invalid
[F2611.5.1]

No fee is payable in respect of the processing of an application or claim which is rejected as invalid prior to a decision being issued where—

(a)

no fee was payable in respect of that application or claim; or

(b)

a fee was payable in respect of that application or claim but no fee was paid at the time the application or claim was made.

[F27Fee 10.8.1]]
[F2811.5.2 No fee is payable in respect of the processing of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules before 7.00 a.m. on 30th March 2019 which is rejected as invalid at or after that time prior to a decision being issued.10.8.1]

Table 12 (Fees for applications for biometric immigration documents F29...

Number of feeType of application or processAmount of fee
12.1Fees for mandatory applications for a replacement biometric immigration document
12.1.1

Application, by an applicant who has limited or indefinite leave to remain in the United Kingdom, for a biometric immigration document in accordance with regulation 19(1)(a) of the 2008 Regulations M3 to replace a biometric immigration document which has been cancelled under the following provisions of those Regulations—

(a)regulation 17(b) where the applicant is within the United Kingdom;

(b)regulation 17(c) to (e);

(c)regulation 17(f) (other than where the document needs to be reissued because some substantive alteration is required to the information recorded in the cancelled document); or

(d)regulation 17(g) M4.

[F30£19]
F31. . .F31. . .F31. . .
F31...F31...
F31. . .F31. . .F31. . .
F32. . .F32. . .F32. . .
F33. . .F33....F33. . .
F31. . .F31. . .F31. . .

Table 13 (Exceptions to the requirement to pay fees for applications for biometric immigration documents F34...

Number and description of the exceptionFees to which exception applies
13.1Persons granted asylum or humanitarian protection, stateless persons and their dependants
13.1.1

No fee is payable for an application for a biometric immigration document if the applicant—

(a)has been granted asylum;

(b)has been granted humanitarian protection under the immigration rules;

(c)has been granted leave to remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules;

(d)is a dependant of an individual described in any of (a) to (c); or

(e)has been granted 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.

[F35Fee 12.1.1]
13.2Children born in the United Kingdom to persons granted asylum or humanitarian protection
13.2.1No 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 has been granted asylum, or has been granted humanitarian protection under the immigration rules. [F35Fee 12.1.1]
F36...F36...
F36. . .F36. . .F36. . .
F36...F36...
F36. . .F36. . .F36. . .
F36...F36...
F36. . .F36. . .F36. . .
F37...F37...
F37. . .F37. . .F37. . .
F37...F37...
F37. . .F37. . .F37. . .
F36. . .F36. . .
F36. . .F36. . .F36. . .
F36. . .F36. . .
F36. . .F36. . .F36. . .
13.8Fee for a biometric immigration document where the person has paid an application fee in 10.6 of this Schedule
13.8.1No fee is payable for a biometric immigration document if that person [F38made an application for which a fee was specified in 10.6.1, 10.6.3 or 10.6.5 at any time before the date on which those provisions were revoked] , or made an application at any time before 9.00 a.m. on 6th April 2022 for which a fee was specified in 10.6.2 or 10.6.4 when the application was made . [F39Fee 12.1.1]

Textual Amendments

Marginal Citations

M3Regulation 19 was amended by S.I. 2009/819 and S.I. 2015/433.

M4Regulation 17 was amended by S.I. 2009/819.

[F40Waiver of fee 12.1.1 U.K.

2A.  The Secretary of State may waive the fee specified in 12.1.1 in Table 12.]

Textual Amendments

Waiver or reduction in respect of the fee specified at 12.2.4U.K.

F413.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F42Waiver of fee as a remedy for maladministrationU.K.

4.  The Secretary of State may waive the payment of any fee specified in Table 10 or 12 in respect of any application, request or process where the Secretary of State considers that—

(a)the person in respect of whom the application or request is made or (as the case may be) in relation to whom the process is to be carried out 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, request or process.]

Textual Amendments

[F43Partial waiver of the fee specified at 10.8.1 (fee for processing an application or claim rejected as invalid)U.K.

5.—(1) This paragraph applies where—

(a)an application or claim in respect of which a fee (“the application fee”) is specified by these Regulations is rejected as invalid before a decision is issued in respect of that application or claim,

(b)the fee specified in 10.8.1 is payable for the processing of that application or claim, and

(c)the amount of the application fee paid in respect of the rejected application or claim is less than the amount of the fee specified in 10.8.1.

(2) The Secretary of State may waive the payment of the fee specified in 10.8.1 to the extent that the amount of that fee exceeds the amount of the application fee paid in respect of the rejected application or claim.]

Textual Amendments

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