This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament and published on 3rd February 2014 (ISBN 978-0-11-110909-0). It is being issued free of charge to all known recipients of that draft Statutory Instrument.

Draft Regulations laid before Parliament under section 42(7) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, for approval by resolution of each House of Parliament.

2014 No.

Immigration
Nationality

The Immigration and Nationality (Fees) Regulations 2014

Made

Coming into force

The Secretary of State makes the following Regulations with the consent of the Treasury1, in exercise of the powers conferred by sections 51(3) and 52(1), (3) and (6) of the Immigration, Asylum and Nationality Act 20062, and in reliance on section 42(1), (2) and (2A) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 20043.

These Regulations are made pursuant to the Immigration and Nationality (Fees) Order 20114.

In accordance with section 42(6) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, the Secretary of State has consulted with such persons as appear to her to be appropriate prior to making these Regulations.

In accordance with section 42(7) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement1

These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2014 and come into force on 6th April 2014.

Interpretation2

1

In these Regulations—

  • “the 1971 Act” means the Immigration Act 19715;

  • “the 2011 Order” means the Immigration and Nationality (Fees) Order 2011;

  • “approval letter from a designated competent body” means a letter from a designated competent body within the meaning of the immigration rules6 endorsing a proposed application for leave to remain in, or leave to enter the United Kingdom as a Tier 1 (Exceptional Talent) Migrant;

  • “certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of one or more applications, or potential applications, for leave to remain in or leave to enter the United Kingdom;

  • “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 19617;

  • “Channel Islands” means the Bailiwick of Guernsey and the Bailiwick of Jersey;

  • “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 and nationality to applicants outside the United Kingdom;

  • “dependant” in respect of a person means—

    1. a

      the spouse or civil partner of that person;

    2. b

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

    3. c

      a child of that person;

  • “EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 19638;

  • “immigration and nationality fees regulations” means regulations made under sections 51(3) and 52(1) and (3) of the Immigration, Asylum and Nationality Act 2006;

  • “immigration or nationality application” means an application for which a fee is specified in these Regulations or other immigration and nationality fees regulations;

  • “immigration rules” means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the 1971 Act.

  • “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;

  • “main applicant” means a person who has made an application for leave to enter or remain in the United Kingdom, or has been granted leave to enter or remain in the United Kingdom, as distinct from a person applying as the dependant of such a person;

  • “Points-Based System” has the same meaning as provided in the immigration rules;

  • “shortage occupation certificate of sponsorship” means a certificate of sponsorship issued in respect of an applicant applying for leave to remain in the United Kingdom in order to take up employment in an occupation listed in the Shortage Occupation List set out in Appendix K to the immigration rules;

  • “sponsor” means a sponsor under Part 6A of the immigration rules;

  • “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;

  • “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” have the same meaning as provided in the immigration rules;

  • “Tier 2 Migrant”, “Tier 2 (General) Migrant”, “Tier 2 (Intra-Company Transfer) Long Term Staff Migrant”, “Tier 2 (Intra-Company Transfer) Short Term Staff Migrant”, “Tier 2 (Sportsperson) Migrant”, “Tier 2 (Minister of Religion) Migrant”, “Tier 2 (Graduate Trainee”) Migrant” and “Tier 2 (Skills Transfer) Migrant” have the same meaning as provided in the immigration rules;

  • “Tier 4 Migrant” has the same meaning as provided in the immigration rules;

  • “Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant” have the same meaning as provided in the immigration rules;

  • “work permit holder” means a person holding an extant work permit granted under the work permit provisions formerly contained in the immigration rules9.

2

In these Regulations, “entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act10, save that in regulation 7 and Schedule 5, it has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Channel Islands11.

Fees for applications, processes and services in connection with immigration and nationality

3

Schedule 1 (Fees for 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 and variation of such leave for the purposes of article 3(2)(a) and (c) of the 2011 Order;

ii

an application for an approval letter from a designated competent body for the purposes of article 3(2)(f) of the 2011 Order; and

b

exceptions to the requirement to pay the fees referred to in paragraph (a)(i).

4

Schedule 2 (Fees for applications for entry clearance 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 3(2)(b) of the 2011 Order;

ii

an application for an approval letter from a designated competent body for the purposes of article 3(2)(f) of the 2011 Order; and

b

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

5

Schedule 3 (Fees in relation to Sponsor Licences) has effect to specify the amount of the fees for specified applications for sponsor licences, for premium customer services for sponsors, and for related processes for the purposes of articles 3(2)(t) and (u), 4(m), and 5 of the 2011 Order.

6

Schedule 4 (Fees for applications in connection with nationality) has effect to specify the amount of fees for specified applications in connection with nationality for the purposes of article 3(2)(h), (j), (k), (l), (m), (n), (o) and (p) of the 2011 Order.

7

Schedule 5 (Fees for entry clearance to enter the Channel Islands) has effect to specify the amount of fees for specified applications for entry clearance to enter either of the Channel Islands for the purposes of article 6 of the 2011 Order and exceptions to the requirement to pay such fees and circumstances in which such fees may be waived or reduced.

8

Schedule 6 (Fees for expediting applications, applications made in person, and optional services for applicants within the United Kingdom) has effect to specify—

a

the amount of the fees for—

i

the attendance by a representative of the Secretary of State at a location of the applicant’s choosing, for the purposes of article 4(i) of the 2011 Order;

ii

the provision of services outside office hours for the purposes of article 4(j) of the 2011 Order;

iii

the provision of arrangements for expediting the processing of immigration and nationality applications, made from within the United Kingdom, for the purposes of article 4(k) of the 2011 Order;

iv

the provision of arrangements enabling immigration or nationality applications made from within the United Kingdom to be made in person, for the purposes of article 4(l) of the 2011 Order;

v

optional services enabling expedited entry into the United Kingdom, for the purposes of article 4(q) of the 2011 Order; and

b

circumstances in which such fees may be waived or reduced.

9

Schedule 7 (Fees for expediting applications, applications made in person, and optional services for applicants outside the United Kingdom) has effect to specify—

a

the amount of the fees for—

i

the acceptance or processing of an immigration or nationality application, or of information (including biometric information) in relation to such an application from outside the United Kingdom at a facility managed by a contractor or at any other place for the purposes of article 4(o) of the 2011 Order;

ii

the provision of arrangements for expediting the processing (or an element of the processing) of immigration or nationality applications, made outside the United Kingdom, for the purposes of article 4(k) of the 2011 Order;

iii

the provision by a contractor of services outside the United Kingdom outside office hours for the purposes of article 4(j) of the 2011 Order;

iv

the provision of advice and assistance in relation to an immigration or nationality application to applicants outside the United Kingdom by way of the international contact centre service, for the purposes of article 7(a) of the 2011 Order; and

b

circumstances in which such fees may be waived or reduced.

Rate of Exchange10

The rate of exchange for calculating the equivalents of fees set out in these Regulations but paid in a foreign currency must be based upon the rate of exchange which is generally prevailing on the date, and at the place of payment, but which may be adjusted by the Secretary of State (or a representative of the Secretary of State) in such a manner and to such an extent as that person considers expedient in the interests of administrative efficiency.

Consequences of failing to pay the specified fee11

Where these Regulations specify a fee which must accompany an application for the purposes of the 2011 Order, the application is not validly made unless it is accompanied by the specified fee.

Revocation12

The Immigration and Nationality (Fees) Regulations 201312 are revoked.

Minister of StateHome Office

We consent

Two of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULE 1FEES FOR APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM AND FOR AN APPROVAL LETTER

Regulation 3

Interpretation1

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—

    1. a

      a person making a claim for asylum which has either not been determined or has been granted;

    2. b

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

    3. c

      a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum;

    4. d

      a person who is a dependant of a person referred to in paragraph (a), (b) or (c) and is applying for leave to enter or remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

    5. e

      a child who does not come within paragraph (d) who was born in the United Kingdom to a person referred to in paragraph (a), (b) or (c);

  • “assistance by a local authority” means assistance, accommodation or maintenance provided by a local authority (or in Northern Ireland, an authority, which has the same meaning as provided in Article 2(2) of the Children (Northern Ireland) Order 199513) under—

    1. a

      section 17, 20 or 23 of the Children Act 198914;

    2. b

      section 22, 25 or 26 of the Children (Scotland) Act 199515; or

    3. c

      article 18, 21 or 27 of the Children (Northern Ireland) Order 1995;

  • “claim for asylum” means a claim within the meaning of section 94(1) of the Immigration and Asylum Act 199916;

  • “Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 199817;

  • “indefinite leave to remain” means leave to remain in the United Kingdom for an indefinite period;

  • “limited leave to remain” means leave to remain in the United Kingdom for a limited period;

  • “qualifying work permit holder” means an applicant for limited leave to remain in the United Kingdom who—

    1. a

      was granted leave to remain in the United Kingdom for 3 years as a Tier 2 Migrant on the basis that they were a Qualifying Work Permit Holder under Part 6A of the immigration rules;

    2. b

      is applying to extend the duration of that leave to remain to 5 years; and

    3. c

      is still working for the same employer and in the same role as they were when that leave to remain was granted;

  • “Specified Human Rights Application” means an application for limited leave to remain in the United Kingdom under—

    1. a

      paragraph 276ADE of the immigration rules;

    2. b

      section R-LTRP.1.1 of Appendix FM to the immigration rules;

    3. c

      section R-LTRPT.1.1 of Appendix FM to the immigration rules; or

    4. d

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

2

For the purposes of this Schedule a claim for asylum is to be taken to be determined on—

a

the day on which the Secretary of State notifies the claimant of her 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, against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 200218 or section 2 of the Special Immigration Appeals Commission Act 199719 on the day on which the appeal is disposed of.

Fees for, and in connection with, applications for leave to remain in the United Kingdom2

1

Table 1 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom.

2

Table 1.2.1 specifies the amount of the fee for an approval letter from a designated competent body.

3

Table 2 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom by a dependent of a main applicant.

4

Table 3 specifies the amount of the fees for the specified applications for indefinite leave to remain in the United Kingdom.

5

Table 4 provides for exceptions to the requirement to pay the fees specified in Tables 1, 2 and 3.

6

Paragraph 3 makes provision for the amount of the fees to be paid in respect of an application for limited leave to remain in the United Kingdom by a dependant of a main applicant, in cases where Table 2 does not apply.

7

The fees specified in Tables 1 and 3 are subject to paragraph 4 (Applications by CESC nationals), and the fees specified in Tables 1, 2 and 3 are subject to paragraph 5 (Multiple applications for leave to remain in the United Kingdom).

Table 1 (Fees for applications for limited leave to remain in the United Kingdom and connected applications)

Number of fee

Type of application

Amount of fee

1.1

General fees for applications for limited leave to remain in the United Kingdom

1.1.1

Application for limited leave to remain where the fee is not specified elsewhere in these Regulations or in other immigration and nationality fees regulations.

£601

1.2

Fees for and in connection with applications for limited leave to remain in the United Kingdom under the Points-Based System

1.2.1

Application to the Home Office for an approval letter from a designated competent body in respect of a proposed application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant.

£437

1.2.2

Application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant where fee 1.2.1 applies.

£656

1.2.3

Application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant where fee 1.2.1 does not apply.

£1,093

1.2.4

Application for limited leave to remain as a Tier 1 (Entrepreneur) Migrant

£1,093

1.2.5

Application for limited leave to remain as a Tier 1 (General) Migrant.

£1,607

1.2.6

Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant.

£422

1.2.7

Application for limited leave to remain as a Tier 1 (Investor) Migrant.

£1,093

1.2.8

Application for limited leave to remain as a Tier 2 (General) Migrant, a Tier 2 (Intra-Company Transfer) Long Term Staff Migrant, a Tier 2 (Sportsperson) Migrant or a Tier 2 (Minister of Religion) Migrant where a certificate of sponsorship has been issued for a period of three years or less, and where fee 1.2.10 does not apply.

£601

1.2.9

Application for limited leave to remain as a Tier 2 (General) Migrant or Tier 2 (Intra-Company Transfer) Long Term Staff Migrant where a certificate of sponsorship has been issued for a period of more than three years, and where fee.1.2.11 does not apply.

£1,202

1.2.10

Application for limited leave to remain as a Tier 2 (General) Migrant where a shortage occupation certificate of sponsorship has been issued for a period of three years or less.

£428

1.2.11

Application for limited leave to remain as a Tier 2 (General) Migrant where a shortage occupation certificate of sponsorship has been issued for a period of more than three years.

£856

1.2.12

Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Short Term Staff Migrant, a Tier 2 (Graduate Trainee) Migrant or a Tier 2 (Skills Transfer) Migrant.

£428

1.2.13

Application for limited leave to remain as a Tier 4 Migrant.

£422

1.2.14

Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant.

£208

1.3

Fees for other applications for limited leave to remain in the United Kingdom

1.3.1

Application for limited leave to remain as a representative of an overseas business under Part 5 of the immigration rules.

£1,093

1.3.2

Application for limited leave to remain as a retired person of independent means under Part 7 of the immigration rules.

£1,093

Table 2 (Fees for specified applications for limited leave to remain in the United Kingdom as a dependant)

Number of fee

Type of application for leave to remain

Amount of fee

2.1

Specified fees for applications for leave to remain in the United Kingdom as the dependant of the main applicant

2.1.1

Application for limited leave to remain as the dependant of a Tier 1 (Exceptional Talent) Migrant.

£1,093

2.1.2

Application for limited leave to remain as the dependant of a Tier 1 (Post-Study) Work Migrant.

£324

Table 3 (Fees for applications for indefinite leave to remain in the United Kingdom)

Number of fee

Type of application for indefinite leave to remain

Amount of fee

3.1

General fees for applications for indefinite leave to remain in the United Kingdom

3.1.1

Application for indefinite leave to remain where the fee is not specified in other immigration and nationality fees regulations.

£1,093

Table 4 (Exceptions in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)

Number and description of the exception

Fees to which exception applies

4.1

Article 3 or Refugee Convention applications

No fee is payable in respect of an Article 3 or Refugee Convention application.

Fees 1.1.1,

3.1.1

4.2

Applications 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 concession20 operated outside the immigration rules by the Home Office.

Fee 1.1.1

4.3

Applications for leave to remain as a victim of domestic violence under paragraph 289A or Appendix FM or Appendix Armed Forces

No fee is payable in respect of an application as a victim of domestic violence 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.

Fee 3.1.1

4.4

Specified Human Rights Application 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, because at the time of making the application the applicant appears to the Secretary of State to be destitute.

Fee 1.1.1

4.5

Short term variation of leave to remain

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 6 months.

Fees 1.2.13, 1.2.14, 1.3.1, 1.3.2

4.6

Children being provided with assistance 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 provided with assistance by a local authority.

Fees 1.1.1, 1.2.13, 1.2.14, 3.1.1

4.7

Applications under the EC Association Agreement with Turkey

No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.

All fees in Tables 1, 2 and 3

4.8

Applications from qualifying work permit holders

No fee is payable in respect of an application from a qualifying work permit holder.

Fees 1.2.8 to 1.2.12

4.9

Applications from stateless persons

No fee is payable in respect of an application for an initial period of limited leave to remain as a stateless person or the family member of a stateless person under Part 14 of the immigration rules.

Fee 1.1.1

4.10

Applications for variation of limited leave to remain in the United Kingdom to allow recourse to public funds in certain circumstances

No fee is payable in respect of an application for variation of the conditions attached to a grant of limited leave to remain in the United Kingdom, in order to be permitted access to public funds, by a person who has been granted such leave under—

  1. a

    paragraph 276BE of the immigration rules;

  2. b

    paragraph D-LTRP.1.2 of Appendix FM to the immigration rules; or

  3. c

    paragraph D-LTRPT.1.2 of Appendix FM to the immigration rules.

Fee 1.1.1

Applications by dependants3

Except in respect of applications for which a fee is specified in Table 2, and subject to the exceptions set out in Table 4, the fee for an application for leave to remain made by a dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 1 or 3 (as the case may be) in respect of the main applicant’s application.

Reduction in fees for certain applications made by CESC Nationals4

1

Where an application for leave to remain in the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 1 must be reduced by £55.

2

An application is of a kind mentioned in sub-paragraph (1) if it is an application for leave to remain in the United Kingdom as—

i

a Tier 1 (Entrepreneur) Migrant;

ii

a Tier 1 (Exceptional Talent) Migrant;

iii

a Tier 1 (General) Migrant;

iv

a Tier 1 (Graduate Entrepreneur) Migrant;

v

a Tier 2 Migrant;

vi

a Tier 5 (Temporary Worker) Migrant;

vii

a work permit holder; or

viii

a Highly Skilled Migrant within the meaning provided in the immigration rules.

Multiple applications for leave to remain in the United Kingdom5

1

Where two or more applications for leave to remain in the United Kingdom in respect of the same person—

a

are made at the same time; or

b

are being considered at the same time by the Secretary of State,

a fee is payable only in respect of one of those applications.

2

The fee payable under sub-paragraph (1) must—

a

be the higher, or the highest, of the fees specified in respect of those applications; or

b

in any case where the fee specified for each application is the same, the fee for a single application.

SCHEDULE 2FEES FOR APPLICATIONS FOR ENTRY CLEARANCE TO ENTER THE UNITED KINGDOM AND FOR AN APPROVAL LETTER

Regulation 4

Fees for, and in connection with, applications for entry clearance to enter the United Kingdom1

1

Table 5 specifies the amount of the fees for the specified applications for entry clearance to enter the United Kingdom, and the amount of the fee for an application for an approval letter from a designated competent body.

2

Table 6 specifies the amount of the fee for specified applications for entry clearance to enter the United Kingdom by a dependant of the main applicant.

3

Table 7 specifies the amount of the fee for an application for indefinite leave to enter the United Kingdom as the dependant of a member of HM forces.

4

Table 8 provides for exceptions to the requirement to pay the fees specified in Tables 5, 6 and 7, and Table 9 confers a discretion on the Secretary of State to waive or reduce the fees specified in Tables 5, 6 and 7 in certain circumstances.

5

Paragraph 2 makes provision for the amount of fees to be paid in respect of an application for entry clearance to enter the United Kingdom by a dependant of a main applicant in cases where Table 6 does not apply.

6

The fees specified in Table 5 are subject to paragraph 3 (Applications by CESC nationals).

Table 5 (Fees for applications for entry clearance to enter the United Kingdom, and connected applications)

Number of fee

Type of application

Amount of fee

5.1

General fee for applications for entry clearance to enter the United Kingdom

5.1.1

Application for entry clearance (other than an application by a person passing through the United Kingdom) where the fee is not specified elsewhere in these Regulations or other immigration and nationality regulations.

£289

5.2

Fees for applications for entry clearance to enter the United Kingdom, and connected applications, under the Points-Based System

5.2.1

Application to the Home Office for an approval letter from a designated

competent body in respect of a proposed application for entry clearance as a Tier 1 (Exceptional Talent) Migrant.

£437

5.2.2

Application for entry clearance as a Tier 1 (Exceptional Talent)

Migrant where fee 5.2.1 applies.

£437

5.2.3

Application for entry clearance as a Tier 1 (Exceptional Talent) Migrant where fee 5.2.1 does not apply.

£874

5.2.4

Application for entry clearance as a Tier 1 (Entrepreneur) Migrant.

£874

5.2.5

Application for entry clearance as a Tier 1 (Graduate Entrepreneur) Migrant.

£310

5.2.6

Application for entry clearance as a Tier 1 (Investor) Migrant.

£874

5.2.7

Application for entry clearance as a Tier 2 (General) Migrant, a Tier 2 (Intra-Company Transfer) Long Term Staff Migrant, a Tier 2 (Sportsperson) Migrant or a Tier 2 (Minister of Religion) Migrant where a certificate of sponsorship has been issued for a period of three years or less, and fee 5.2.9 does not apply.

£514

5.2.8

Application for entry clearance as a Tier 2 (General) Migrant or Tier 2 (Intra-Company Transfer) Long Term Staff Migrant where a certificate of sponsorship has been issued for a period of more than three years, and fee 5.2.10 does not apply.

£1,028

5.2.9

Application for entry clearance as a Tier 2 (General) Migrant where a shortage occupation certificate of sponsorship has been issued for a period of three years or less.

£428

5.2.10

Application for entry clearance as a Tier 2 (General) Migrant where a shortage occupation certificate of sponsorship has been issued for a period of more than three years.

£856

5.2.11

Application for entry clearance as a Tier 2 (Intra-Company Transfer) Short Term Staff Migrant, a Tier 2 (Graduate Trainee) Migrant or a Tier 2 (Skills Transfer) Migrant.

£428

5.2.12

Application for entry clearance as a Tier 4 Migrant

£310

5.2.13

Application for entry clearance as a Tier 5 (Temporary Worker) Migrant

£208

5.2.14

Application for entry clearance as a Tier 5 (Youth Mobility) Temporary Migrant

£208

5.3

Fees for applications for entry clearance to enter the United Kingdom as a visitor

5.3.1

Application for entry clearance as a visitor for a period of more than six months but not more than two years.

£300

5.3.2

Application for entry clearance as a visitor for a period of more than two years but not more than five years.

£544

5.3.3

Application for entry clearance as a visitor for a period of more than five years but not more than ten years.

£737

5.4

Fees for other applications for entry clearance to enter the United Kingdom

5.4.1

Application for entry clearance for settlement in the United Kingdom.

£885

5.4.2

Application for entry clearance as a parent, grandparent, or other dependant relative of a person present and settled in the United Kingdom under Appendix FM of the immigration rules.

£1,982

5.4.3

Application for entry clearance as the senior employee of an overseas business under paragraph 144(ii)(a) of the immigration rules.

£514

5.4.4

Application for entry clearance as the employee of an overseas newspaper, news agency or broadcasting organisation under paragraph 144(ii)(b) of the immigration rules.

£514

5.4.5

Application for entry clearance as a short term student studying an English language course for a period of between six and eleven months.

£150

5.4.6

Application for entry clearance for a period of between six and eleven months under the English language concession operated outside the immigration rules.

£150

Table 6 (Specified fees for dependants)

Number of fee

Type of application for leave to remain

Amount of fee

6.1

Specified fees for applications for entry clearance to enter the United Kingdom as the dependant of the main applicant

6.1.1

Application for entry clearance as the dependant of a Tier 1 (Exceptional Talent) Migrant.

£874

6.1.2

Application for entry clearance as the dependant of a Tier 1 (Post-Study) Work Migrant.

£518

6.1.3

Application for entry clearance as the dependant of a student under

paragraphs 76 to 81 of the immigration rules.

£310

Table 7 (Fee for application for indefinite leave to enter the United Kingdom – dependants of Armed Forces Personnel)

Number of fee

Type of application

Amount of fee

7.1

Fee for application for indefinite leave to enter the United Kingdom

7.1.1

Application for indefinite leave to enter the United Kingdom as the dependant of a member of the armed forces under Appendix Armed Forces to the immigration rules.

£1,093

Table 8 (Exceptions in respect of fees for applications for entry clearance to enter the United Kingdom)

Number and description of the exception

Fees to which exception applies

8.1

Officials of Her Majesty’s Government

No fee is payable in respect of an application made in connection with the official duty of any official of Her Majesty’s Government.

All fees in Tables 5, 6 and 7

8.2

Dependants of refugees or persons granted humanitarian protection

No fee is payable in respect of an application made under paragraphs 352A to 352FI of the immigration rules.

All fees in Tables 5, 6 and 7

8.3

Applications under the EC Association Agreement with Turkey

No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.

All fees in Tables 5, 6 and 7

Table 9 (Waivers in respect of fees for applications for entry clearance to enter the United Kingdom)

Number and description of the waiver

Fees to which waiver applies

9.1

General waiver

No fee is payable in respect of an application where the Secretary of State determines that the fee should be waived.

All fees in Tables 5, 6 and 7

9.2

Scholarships funded by Her Majesty’s government

The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the application is made by a candidate for or holder of a scholarship funded by Her Majesty’s government and is in connection with such a scholarship.

All fees in Tables 5, 6 and 7

9.3

International courtesy

The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee as a matter of international courtesy.

All fees in Tables 5, 6 and 7

9.4

Visitors under a Foreign and Commonwealth Office Bilateral Programme

The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the applicant intends to visit the United Kingdom in connection with programmes operated by the Foreign and Commonwealth Office to give funds directly to Embassies and Missions outside the United Kingdom to support activities directly connected to the United Kingdom’s international priorities.

All fees in Tables 5, 6 and 7

9.5

Visitors under a Foreign and Commonwealth Office Strategic Programme

The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the applicant intends to visit the United Kingdom in connection with programmes of funding operated by the Foreign and Commonwealth Office to promote action on global issues in areas of strategic importance to the United Kingdom.

All fees in Tables 5, 6 and 7

Applications by dependants2

Except in respect of applications for which a fee is specified in number 5.4.2 of Table 5, Table 6, or number 7.1.1 of Table 7, and subject to the exceptions and waivers set out in Tables 8 and 9, the fee for an application for entry clearance to enter the United Kingdom made by a dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 5 in respect of the main applicant’s application.

Applications by CESC Nationals3

1

Where an application for entry clearance to enter the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 5 must be reduced by £55.

2

An application is of a kind mentioned in sub-paragraph (1) if it is an application for entry clearance to enter the United Kingdom as—

i

a Tier 1 (Entrepreneur) Migrant;

ii

a Tier 1 (Exceptional Talent) Migrant;

iii

a Tier 1 (General) Migrant;

iv

a Tier 1 (Graduate Entrepreneur) Migrant;

v

a Tier 2 Migrant;

vi

a Tier 5 (Temporary Worker) Migrant;

vii

a work permit holder; or

viii

a Highly Skilled Migrant within the meaning provided in the immigration rules.

SCHEDULE 3FEES IN RELATION TO SPONSOR LICENCES

Regulation 5

Fees for applications for sponsor licences, for certificates of sponsorship or for premium customer services

1

1

In this Schedule—

  • “premium customer services” means the optional premium customer services offered by the Home Office to certain sponsors;

  • “small or charitable sponsor” means a sponsor that is—

    1. a

      a company that is subject to the small companies regime under section 381 of the Companies Act 200621;

    2. b

      in the case of a person who is not a company for the purposes of that section, a person who employs no more than 50 employees; or

    3. c

      a charity within the meaning of section 1 of the Charities Act 201122, or section 1 of the Charities Act (Northern Ireland) 200823 or a body entered in the Scottish Charity Register;

2

In this Schedule, reference to Tier 2, Tier 4 and Tier 5 premium customer services means the premium customer services offered to sponsors of persons applying for leave to remain in the United Kingdom under the stated Tier.

2

Table 10 specifies the amount of the fees for the specified applications for sponsor licences or the renewal of such a licence where the application is not in respect of a small or charitable sponsor, for the issuing of certificates of sponsorship, and for premium customer services for sponsors.

Table 10 (Fees in relation to sponsor licences)

Number of fee

Type of application, service, or process

Amount of fee

10.1

Fees for applications for sponsor licences where applicant is not a small or charitable sponsor

10.1.1

Application for sponsor licence in respect of Tier 2 Migrants.

£1,476

10.1.2

Application for sponsor licence in respect of Tier 2 and Tier 4 Migrants.

£1,476

10.1.3

Application for sponsor licence in respect of Tier 2 and Tier 5 Migrants.

£1,476

10.1.4

Application for sponsor licence in respect of Tier 2, Tier 4 and Tier 5 Migrants.

£1,476

10.2

Fees for premium customer services for sponsors

10.2.1

The provision of Tier 2 and Tier 5 premium customer services to a sponsor that is not a small or charitable sponsor for a period of 12 months.

£25,000

10.2.2

The provision of Tier 2 and Tier 5 premium customer services to a small or charitable sponsor for a period of 12 months.

£8,000

10.2.3

The provision of Tier 4 premium customer services to a sponsor for a period of 12 months.

£8,000

10.3

Fees for the process of issuing certificates of sponsorship

10.3.1

The issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain in or enter the United Kingdom as a Tier 2 Migrant where the application is not made in respect of a CESC national.

£184

SCHEDULE 4FEES FOR APPLICATIONS IN CONNECTION WITH NATIONALITY

Regulation 6

Interpretation1

1

In this Schedule—

  • “the 1981 Act” means the British Nationality Act 198124;

  • “the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 198225;

  • “application for naturalisation as a British citizen” means an application for naturalisation as a British citizen under section 6(1) or (2)26 of the 1981 Act;

  • “application for naturalisation as a British overseas territories citizen” means an application for naturalisation as a British overseas territories citizen under section 18(1)27 or (2)28 of the 1981 Act;

  • “application for registration as a British citizen under the 1981 Act” means an application for registration as a British citizen under section 1(3)29, (3A)30 or (4)31, 3(1), (2)32 or (5)33, 4(2) or (5), 4A34, 4B35, 4D36, 10(1)37 or (2)38, or 13(1) or (3) of the 1981 Act, or paragraph 339, 440 or 5 of Schedule 2 to that Act;

  • “application for registration as a British citizen under the 1997 Act” means an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 199741;

  • “application for registration as a British overseas territories citizen” means an application for registration as a British overseas territories citizen under sections 13(1) or (3) of the 1981 Act (as applied by section 2442 of that Act), or section 15(3)43 or (4)44, 17(1)45, (2)46 or (5)47, or 22(1)48 or (2)49 of, or paragraph 3, 4 or 5 of Schedule 2 to that Act;

  • “application for registration as a British overseas citizen” means an application for registration as a British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act;

  • “application for registration as a British protected person” means an application for registration as a British protected person under article 7 of the 1982 Order50;

  • “application for registration as a British subject” means an application for registration as a British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act.

2

In this Schedule, subject to regulation 11 of these Regulations, an application is ‘made’ on the date on which it is received by the Secretary of State or any person appointed to receive nationality applications.

Fees for applications relating to nationality2

Table 11 specifies the amount of the fees for the specified applications relating to nationality.

Table 11 (Fees for applications relating to nationality)

Number of fee

Type of application

Amount of fee

11.1

Fees for applications for naturalisation

11.1.1

Application for naturalisation as a British citizen.

£826

11.1.2

Application for naturalisation as a British overseas territories citizen.

£661

11.2

Fees for applications for registration where the applicant is an adult

11.2.1

Application for registration as a British citizen under the 1981 Act, where the applicant is aged 18 or over at the time the application is made.

£743

11.2.2

Application for registration as a British citizen under the 1997 Act, where the applicant is aged 18 or over at the time the application is made.

£743

11.2.3

Application for registration as a British overseas territories citizen, where the applicant is aged 18 or over at the time the application is made.

£595

11.2.4

Application for registration as a British overseas citizen, where the applicant is aged 18 or over at the time the application is made.

£595

11.2.5

Application for registration as a British subject, where the applicant is aged 18 or over at the time the application is made.

£595

11.2.6

Application for registration as a British protected person where the applicant is aged 18 or over at the time the application is made.

£595

11.3

Fees for applications for registration where the applicant is a child

11.3.1

Application for registration as a British citizen under the 1981 Act where the person in respect of whom the application is made is a child at the time the application is made.

£669

11.3.2

Application for registration as a British citizen under the 1997 Act, where the person in respect of whom the application is made is a child at the time the application is made.

£669

11.3.3

Application for registration as a British overseas territories citizen, where the person in respect of whom the application is made is a child at the time the application is made.

£536

11.3.4

Application for registration as a British overseas citizen, where the person in respect of whom the application is made is a child at the time the application is made.

£536

11.3.5

Application for registration as a British subject, where the person in respect of whom the application is made is a child at the time the application is made.

£536

11.3.6

Application for registration as a British protected person where the person in respect of whom the application is made is a child at the time the application is made.

£536

SCHEDULE 5FEES FOR ENTRY CLEARANCE TO ENTER THE CHANNEL ISLANDS

Regulation 7

Interpretation1

In this Schedule “work permit employment” means employment as a work permit holder under—

a

rules made by the States of Guernsey Home Department in respect of the Bailiwick of Guernsey under section 3(2) of the 1971 Act51.

b

rules made by the Minister for Home Affairs in respect of the Bailiwick of Jersey under section 1(4) of the 1971 Act52.

Fees for applications for entry clearance to enter the Channel Islands2

1

Table 12 specifies the amount of the fees for the specified applications for entry clearance to enter either of the Channel Islands where such applications are received outside the British Islands.

2

Table 13 confers a discretion on the Secretary of State to waive the fees specified in Table 12.

3

Paragraph 3 makes provision for the fees for applications for entry clearance to enter either of the Channel Islands by a dependant of a main applicant where such applications are received outside the British Islands.

Table 12 (Fees for applications for entry clearance to enter the Channel Islands)

Number of fee

Type of application for entry clearance to enter the Channel Islands

Amount of fee

12.1

General fee for applications for entry clearance to enter either of the Channel Islands

12.1.1

Application for entry clearance where the fee is not specified elsewhere in this Schedule or in other immigration and nationality fees regulations.

£289

12.2

Fees for applications for entry clearance to enter either of the Channel Islands as a visitor

12.2.1

Application for entry clearance as a visitor for a period of up to six months.

£83

12.2.2

Application for entry clearance as a visitor for a period of more than six months but not more than two years

£300

12.2.3

Application for entry clearance as a visitor for a period of more than two years but not more than five years.

£544

12.2.4

Application for entry clearance as a visitor for a period of more than five years but not more than ten years.

£737

12.3

Fees for applications for entry clearance to enter either of the Channel Islands for work permit employment or settlement

12.3.1

Application for entry clearance to enter either of the Channel Islands for the purpose of undertaking work permit employment.

£514

12.3.2

Application for entry clearance to enter either of the Channel Islands for the purpose of settlement.

£885

Table 13 (Waivers in respect of fees for applications for entry clearance to enter the Channel Islands)

Number and description of the exception or waiver

Fees to which waiver applies

13.1

General waiver

No fee is payable in respect of an application where the Secretary of State determines that the fee should be waived.

All fees in Table 12

13.2

Applications under the EC Association Agreement with Turkey

No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.

All fees in Table 12

Applications by dependants3

Subject to the Secretary of State’s discretion to waive payment of a fee in accordance with the provision made in Table 13, the fee for an application for entry clearance to enter the Channel Islands as a dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 12 in respect of the main applicant’s application.

SCHEDULE 6FEES FOR EXPEDITING APPLICATIONS, APPLICATIONS MADE IN PERSON, AND OPTIONAL SERVICES FOR APPLICANTS (IN THE UNITED KINGDOM)

Regulation 8

Interpretation1

In this Schedule—

  • “online application” means an application made via the public website maintained by the Home Office;

  • “Premium Services Centre” means a public office of the Home Office, at which applicants can access certain optional services in connection with immigration or nationality applications;

  • “registered travellers scheme” means the discretionary service offered by the Home Office enabling the expedited entry of persons registered on the scheme into the United Kingdom, or the transit of such persons through the United Kingdom;

  • “super premium service” means the super premium service for processing applications for leave to remain in the United Kingdom offered by the Home Office.

Fees for the provision of certain optional services in the United Kingdom, including the expedition of immigration or nationality applications2

1

Table 14 specifies the amount of the fees for the provision of the specified services.

2

Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 14.

Table 14

Number of fee

Description of application or service provided

Amount of fee

14.1

Fee for expediting online and postal applications, and applications made by courier

14.1.1

The expedited processing of an immigration or nationality application made by post, courier or as an online application.

£300

14.2

Fees for applications made in person (other than those made under the super premium service)

14.2.1

The arrangement of an appointment for the purposes of making an immigration or nationality application (or any part of such application) in person, where the application is made in the United Kingdom, and is not made under the super premium service.

£100

14.2.2

The expedited processing of an immigration or nationality application made in person, where the application is made in the United Kingdom, and is not made under the super premium service.

£300

14.3

Fees in relation to applications made under the super premium service

14.3.1

The attendance by a representative of the Secretary of State at a location of the applicant’s choosing, for the purposes of processing an immigration or nationality application (or any part of such an application) made under the super premium service.

£6,000

14.3.2

The expedited processing of an immigration or nationality application made under the super premium service.

£400

14.4

Fees for the provision of services outside office hours

14.4.1

The acceptance of an immigration or nationality application made in person at a Premium Services Centre, outside office hours.

£300

14.5

Fees for the registered travellers scheme

14.5.1

Administrative fee for the registration of additional identity documents in respect of persons registered on the registered travellers scheme.

£20

14.5.2

Annual subscription charge for membership of the registered travellers scheme.

£50

Waiver or reduction of fees specified in Table 143

The Secretary of State may waive or reduce any fee in respect of an application or service specified in Table 14.

SCHEDULE 7FEES FOR EXPEDITING APPLICATIONS, APPLICATIONS MADE IN PERSON, AND OPTIONAL SERVICES FOR APPLICANTS (OUTSIDE THE UNITED KINGDOM)

Regulation 9

Interpretation1

In this Schedule—

  • “biometric immigration document” has the same meaning as provided in section 5 of the UK Borders Act 200753

  • “biometric information” means any information about an applicant’s external physical characteristics which an applicant must provide in order to obtain a biometric immigration document;

  • “international contact centre service” means the service by which advice and assistance in relation to immigration or nationality applications is provided to applicants outside the United Kingdom;

  • “priority settlement service” means the optional priority service offered to applicants outside the United Kingdom, by which applications for settlement are processed on an expedited basis;

  • “priority visa service” means the optional priority service offered to applicants outside the United Kingdom, by which applications for entry clearance to enter the United Kingdom are processed on an expedited basis;

  • “super priority visa service” means the optional priority service offered to applicants outside the United Kingdom, by which it is aimed to process applications for entry clearance to enter the United Kingdom within 24 hours of receipt of the application;

  • “User-Pays Visa Application Centre” means an office located outside the United Kingdom and managed by a contractor, at which applicants can access certain services in connection with immigration or nationality;

  • “web-chat facility” means the facility enabling applicants to communicate directly with an advisor at the international contact centre service, via the Internet.

Fees for the submission and processing of immigration and nationality applications outside the United Kingdom, together with fees for connected services2

1

Table 15 specifies the amount of fees for the provision of the specified services.

2

Paragraph 3 confers a discretion on the Secretary of State to waive the fees specified in Table 15.

Table 15

Number of fee

Description of application or service provided

Amount of fee

15.1

Fee for submitting an immigration or nationality application, or documents or information in connection with such an application, outside the United Kingdom at a facility managed by a contractor

15.1.1

The acceptance or processing by a contractor of an immigration or nationality application, or documents or information (including biometric information) in relation to such an application, at a User-Pays Visa Application Centre or at another facility managed by a contractor at any other location, either in person or by post or courier.

£59

15.2

Fees for expediting immigration or nationality applications

15.2.1

The expedited processing, under the priority visa service, of an application for entry clearance to enter the United Kingdom.

£100

15.2.2

The expedited processing, under the super priority visa service, of an application for entry clearance to enter the United Kingdom.

£600

15.2.3

The expedited processing, under the priority settlement service, of an application for entry clearance to enter the United Kingdom.

£300

15.3

Fee for the provision of services outside office hours by a contractor outside the United Kingdom

15.3.1

The acceptance or processing by a contractor, outside office hours, of an immigration or nationality application, or documents or information (including biometric information) in relation to such an application at a User-Pays Visa Application Centre, or at another facility managed by a contractor at any other location.

£50

15.4

Fee for the provision of a ‘passport pass-back’ facility by a contractor outside the United Kingdom

15.4.1

The expedited return to the applicant of travel or identity documents, or both, where these have been provided by the applicant in the course of making an application for entry clearance to enter the United Kingdom.

£40

15.5

Fees in connection with the international contact centre service

15.5.1

Fee for the provision of advice or assistance in relation to an immigration or nationality application to applicants outside the United Kingdom via a staffed telephone helpline.

£1.37 per minute

15.5.2

Fee for the provision of a single session of advice or assistance in relation to an immigration or nationality application to applicants outside the United Kingdom via the web-chat facility (such a session being no more than 10 minutes long).

£4

Waiver or reduction in respect of the fees listed in Table 153

The Secretary of State may waive or reduce any fee in respect of an application or service specified in Table 15.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify fees relating to immigration and nationality. They are made for the purposes of the Immigration and Nationality (Fees) Order 2011 (S.I. 2011/445) (as amended), which sets out the applications, services and processes related to immigration and nationality for which fees may be specified in regulations.

These Regulations specify fees in cases where the amount of the fee either exceeds the administrative costs incurred by the Secretary of State or reflects the costs related to other applications, services or processes relating to immigration or nationality.

These Regulations replace, with modifications, the Immigration and Nationality (Fees) Regulations 2013. They specify fees relating to applications for limited and indefinite leave to remain in the United Kingdom, applications for entry clearance to enter the United Kingdom, and applications relating to nationality. They include fees for applications for entry clearance or leave to remain made under the Points-Based System set out in Part 6A of the Immigration Rules and for sponsor licenses and premium customer services for sponsors. They include fees for applications for entry clearance to the Channel Islands. These Regulations also specify the fees for various services and processes, offered either in the UK or to applicants overseas. These include the expedited processing of applications, the provision of services outside office hours, and the provision of services at a location other than offices of the Home Office or consular premises overseas. They also include fees for the passport pass-back service and the international contact centre advice and support service (both offered to applicants overseas) and for the registered travellers scheme (by which members of that scheme are offered expedited transit through the UK border).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.