The Immigration and Nationality (Fees) (Amendment) Regulations 2021

Amendments to the Immigration and Nationality (Fees) Regulations 2018

9.—(1) Schedule 11 (miscellaneous fees) is amended as follows.

(2) In paragraph 1 after “application for”, in each place it occurs, insert “entry clearance to enter,”.

(3) In paragraph 3—

(a) in sub-paragraph (1) after paragraph (b) insert—

“(c) a decision to refuse to issue or renew, or to revoke, a frontier worker permit under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.”;

(b) in sub-paragraph (3)—

(i) in paragraph (a)—

(aa) after “any application” insert “for entry clearance to enter, leave to enter or leave to remain in the United Kingdom”;

(bb) after “Appendix EU to the immigration rules” insert “or an application to which sub-paragraph (3A) applies”;

(ii) in paragraph (b) at the end insert “, except where that application was an application to which sub-paragraph (3A) applies or an application for entry clearance to enter the United Kingdom under Appendix EU (Family Permit) to the immigration rules.”;

(c) after sub-paragraph (3) insert—

“(3A) This sub-paragraph applies to an application for—

(a) leave to enter the United Kingdom under Appendix EU to the immigration rules,

(b) entry clearance to enter or limited leave to remain in the United Kingdom under Appendix S2 Healthcare Visitor to those rules(1), or

(c) entry clearance to enter the United Kingdom under Appendix Service Providers from Switzerland to those rules.”;

(d) in sub-paragraph (5) at the beginning insert “Subject to sub-paragraphs (5A) and (5B),”;

(e) in sub-paragraph (5A)—

(i) in the words before paragraph (a) omit “But”;

(ii) omit paragraph (a) (including the “and” at the end);

(f) after sub-paragraph (5A) insert—

“(5B) Sub-paragraph (5) also does not apply where the decision under review—

(a) was a decision to refuse to issue a frontier worker permit to a person under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, or to revoke or refuse to renew a person’s frontier worker permit under those Regulations, and

(b) is withdrawn solely because information or evidence that was not before the original decision maker has been provided showing that the person qualifies for a frontier worker permit under those Regulations.”

(1)

Appendix S2 Healthcare Visitor to the United Kingdom immigration rules provides for certain applications for “permission to stay” in the United Kingdom. Paragraph 6 of those rules provides that “permission to stay” has the same meaning as leave to remain under the Immigration Act 1971.