The Immigration Employment Document (Fees) (Amendment) Regulations 2003

Statutory Instruments

2003 No. 1277

IMMIGRATION

The Immigration Employment Document (Fees) (Amendment) Regulations 2003

Made

9th May 2003

Laid before Parliament

9th May 2003

Coming into force

30th May 2003

In exercise of the powers conferred upon him by section 122 of the Nationality, Immigration and Asylum Act 2002(1), the Secretary of State hereby makes the following Regulations:

Citation, commencement and interpretation

1.  These Regulations may be cited as the Immigration Employment Document (Fees) (Amendment) Regulations 2003 and shall come into force on 30th May 2003.

Amendment of the Fees Regulations

2.—(1) The Immigration Employment Document (Fees) Regulations 2003(2) shall be amended as follows.

(2) In regulation 3, after the definition of “school teacher” there shall be inserted:

““the Sectors-Based Scheme” means a scheme operated by the Secretary of State under the immigration rules for persons seeking to enter the United Kingdom to take specified employment in specified sectors.”.

(3) In regulation 4, after “regulations”, there shall be inserted “4A, 4B,”.

(4) After regulation 4, there shall be inserted:

“Fee in relation to a group application

4A.— (1) Subject to paragraph (3), where an application is made by a single employer in respect of a number of persons who form a group, each of whom is seeking to enter, or remain, in the United Kingdom as a person to whom paragraph (2) applies, a single fee of £95 is payable in relation to that application.

(2) This paragraph applies to a person who is seeking to enter, or remain, in the United Kingdom—

(a) as a person employed by a ballet or other dance group, theatre group, circus troupe, or orchestra or other group of musicians; and

(b) for the purpose of fulfilling a contractual obligation to perform in that capacity in the United Kingdom.

(3) Regulation 5 will only except an application referred to in paragraph (1) from the requirement that it be accompanied by a fee if every person in respect of whom the application is made is a person to whom regulation 5(a) applies.

Fee in relation to an application under the Sectors-Based Scheme

4B.   An application shall, subject to regulation 5(a), be accompanied by a fee of £74 if it is made in respect of a person seeking to enter the United Kingdom for employment under the Sectors-Based Scheme.”.

Beverley Hughes

Minister of State

Home Office

9th May 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Immigration Employment Document (Fees) Regulations 2003. Those Regulations provide that an application for an immigration employment document within the meaning of section 122 of the Nationality, Immigration and Asylum Act 2002 must be accompanied by a fee of £95 unless the application is an application excepted by those Regulations. These Regulations make two amendments. Firstly they provide that a group application shall be accompanied by a fee of £95 (regulation 4A) unless all persons in that group are persons to whom regulation 5(a) of the principal Regulations apply. A group application will be made when an application is made on behalf of a number of persons who form a group and the persons named in that application seek to enter or remain in the United Kingdom as persons employed by a ballet or other dance group, theatre group, or orchestra or other group of musicians for the purpose of fulfilling a contractual obligation to perform in that capacity in the United Kingdom. Secondly, they provide that a fee of £74 shall, accompany an application for an immigration employment document where it is made in respect of a person seeking to enter, or remain, in the United Kingdom under the Sectors-Based Scheme (regulation 4B) operated under the immigration rules. This fee shall not be required where the application in question is excepted by regulation 5(a) of the principal Regulations.

A Regulatory Impact Assessment in respect of these Regulations can be obtained from Work Permits (UK) by e-mail ([e-mail]), by telephone [phone]), or by visiting the Work Permits (UK) website (www.workpermits.gov.uk).

(1)

2002 c. 41.

(2)

S.I. 2003/541.