The Immigration and Nationality (Fees) (Amendment No. 2) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Secretary of State specified in the Immigration and Nationality (Fees) Order 2007 (S.I. 2007/807), as amended by the Immigration and Nationality (Fees) (Amendment) Order 2008 (S.I. 2008/166), (the “Fees Order 2007”) applications and processes in connection with immigration or nationality in respect of which she was going to charge a fee. These Regulations, which amend the Immigration and Nationality (Fees) Regulations 2007 (S.I. 2007/1168), as amended by the Immigration and Nationality (Fees) (Amendment) Regulations 2008 (S.I. 2008/544) (the “2007 Regulations”), specify a fee for certain of those matters specified in the 2007 Order. The fees for certain other applications specified in the Fees Order 2007 will be specified in other Regulations made under section 51(3) of the Immigration, Nationality and Asylum Act 2006 (the “2006 Act”).

The Secretary of State has in these Regulations specified fees for the following applications:

(a) leave to remain in the United Kingdom where the application is for limited leave to remain in the United Kingdom as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant, a Tier 1 (Entrepreneur) migrant and a Tier 1 (Post Study) migrant (regulation 5A as substituted by regulation 2(4));

(b) leave to remain in the United Kingdom where the application is for limited leave to remain in the United Kingdom as a Tier 2 migrant, (regulation 5C as inserted by regulation 2(6));

(c) an application for registration as a British citizen under the British Nationality (Hong Kong) Act 1997 (regulation 2(11));

(d) a sponsorship licence, save for such a licence granted to a small sponsor (as defined in the 2007 Regulations), which is granted to a sponsor in respect of Tier 2 migrants, Tier 2 and Tier 4 migrants, Tier 2 and Tier 5 migrants or Tier 2, Tier 4 and Tier 5 migrants (each as defined in these Regulations) (regulation 20A as substituted by regulation 2(12));

(e) entry clearance as a Tier 1 (Investor) migrant, a Tier 1 (Entrepreneur) migrant and a Tier 1 (Post Study) migrant (regulation 20B as amended by regulation 2(13)); and

(f) entry clearance as a Tier 2 migrant (regulation 20B).

In these Regulations, the Secretary of State has also specified a fee for the process of issuing a certificate of sponsorship (as defined in these Regulations) in respect of an application or potential application for leave to remain or enter the United Kingdom as a Tier 2 migrant (regulation 20F, as inserted by regulation 2(15)).

These Regulations remove fees in respect of the following applications that are replaced by the points based system under the immigration rules:

(a) leave to remain in the United Kingdom where the application is for limited leave to remain in the United Kingdom as a person intending to establish himself in business, an innovator or an investor under the immigration rules (regulation 2(3)); and

(b) an immigration employment document, where the application is made in respect of a person seeking to enter the United Kingdom under the Highly Skilled Migrant Programme (regulation 2(10)).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the UK Border Agency website: www.bia.homeoffice.gov.uk. Alternatively please contact Chris Nickson, UK Border Agency, Charging Programme, Vulcan House, Sheffield, PO Box 3468, S3 8WA, email: [e-mail]. In addition, it is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.