The Immigration and Nationality (Fees) Regulations 2013

Regulation 3

SCHEDULE 1 FEES FOR APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Interpretation

1.—(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—

(a)

a person making a claim for asylum within the meaning of section 94(1) of the Immigration and Asylum Act 1999(1) which has either not been determined or has been granted;

(b)

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

(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;

(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

(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 1995(2)) under—

(a)

section 17, 20 or 23 of the Children Act 1989(3);

(b)

section 22, 25 or 26 of the Children (Scotland) Act 1995(4); or

(c)

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

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

(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;

(b)

is applying to extend the duration of the leave to remain referred to in paragraph (a) to 5 years; and

(c)

is still working for the same employer and in the same role as they were when the leave to remain referred to in paragraph (a) was granted;

“work permit holder” has the same meaning as provided in the immigration rules.

(2) For the purposes of this Schedule a claim for asylum is to be taken to be determined-

(a) on the day on which the Secretary of State notifies the claimant of the decision on the claim;

(b) if the claimant has appealed against the Secretary of State’s decision, on 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 2002(5) or section 2 of the Special Immigration Appeals Commission Act 1997(6) on the day on which the appeal is disposed of.

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

2.—(1) Table 1 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom and the specified application for an approval letter from a designated competent body.

(2) Table 2 specifies the amount of the fees for the specified applications for indefinite leave to remain in the United Kingdom.

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

(4) The fees specified in Tables 1 and 2 are subject to paragraph 3 (Applications by dependants), paragraph 4 (Separate applications by dependants of those applying under the Points-Based System) and paragraph 5 (Multiple applications for leave to remain in the United Kingdom).

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

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 this table or in other immigration and nationality fees regulations.	£578
1.1.2	Application for limited leave to remain as the dependant of a person making an application for limited leave to remain to which fee 1.1.1 applies.	£433
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 for limited leave to remain as a Tier 1 (Entrepreneur) Migrant where the applicant is not a CESC national.	£1,051
1.2.2	Application for limited leave to remain as a Tier 1 (Entrepreneur) Migrant where the applicant is a CESC national.	£946
1.2.3	Application for an approval letter from a designated competent body in respect of a prospective application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant.	£420
1.2.4	Application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant where the applicant is not a CESC national	£631
1.2.5	Application for limited leave to remain as a Tier 1 (Exceptional Talent) Migrant where the applicant is a CESC national.	£526
1.2.6	Application for limited leave to remain as a Tier 1 (General) Migrant where the applicant is not a CSEC national.	£1,545
1.2.7	Application for limited leave to remain as a Tier 1 (General) Migrant where the applicant is a CESC national.	£1,391
1.2.8	Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant where the applicant is not a CESC national.	£406
1.2.9	Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant where the applicant is a CESC national.	£365
1.2.10	Application for limited leave to remain as a Tier 1 (Investor) Migrant.	£1,051
1.2.11	Application for limited leave to remain as a Tier 2 Migrant where the applicant is not a CESC national and fee 1.2.13 does not apply.	£578
1.2.12	Application for limited leave to remain as a Tier 2 Migrant where the applicant is a CESC national and fee 1.2.14 does not apply.	£520
1.2.13	Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term Staff, Graduate Trainee and Skills Transfer sub-categories of that route where the applicant is not a CESC national.	£412
1.2.14	Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term Staff, Graduate Trainee and Skills Transfer sub-categories of that route where the applicant is a CESC national.	£371
1.2.15	Application for limited leave to remain as a Tier 4 Migrant.	£406
1.2.16	Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant where the applicant is not a CESC national.	£200
1.2.17	Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant where the applicant is a CESC national.	£180
1.3	Fees for applications for limited leave to remain in the United Kingdom by dependants of those applying for limited leave to remain under the Points-Based System
1.3.1	Application for limited leave to remain as the dependant of a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant.	£788
1.3.2	Application for limited leave to remain as the dependant of a Tier 1 (General) Migrant.	£1,159
1.3.3	Application for limited leave to remain as the dependant of a Tier 1 (Graduate Entrepreneur) Migrant.	£305
1.3.4	Application for limited leave to remain as the dependant of a Tier 1 (Investor) Migrant.	£788
1.3.5	Application for limited leave to remain as the dependant of a Tier 1 (Post-Study Work) Migrant.	£312
1.3.6	Application for limited leave to remain as the dependant of a Tier 2 Migrant where fee 1.3.7 does not apply.	£434
1.3.7	Application for limited leave to remain as the dependant of a Tier 2 (Intra-Company Transfer) Migrant in the Short Term Staff, Graduate Trainee and Skills Transfer sub categories of that route.	£309
1.3.8	Application for limited leave to remain as the dependant of a Tier 4 (General) Student.	£305
1.3.9	Application for limited leave to remain as the dependant of a Tier 5 (Temporary Worker) Migrant.	£150
1.4	Fees for other applications for limited leave to remain in the United Kingdom
1.4.1	Application for limited leave to remain as a representative of an overseas business under Part 5 of the immigration rules.	£1,051
1.4.2	Application for limited leave to remain as the dependant of a representative of an overseas business under Part 5 of the immigration rules.	£788
1.4.3	Application for limited leave to remain as a retired person of independent means under Part 7 of the immigration rules.	£1,051
1.4.4	Application for limited leave to remain as the dependant of a retired person of independent means under Part 7 of the immigration rules.	£788

Table 2 (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
2.1	General fees for applications for indefinite leave to remain in the United Kingdom
2.1.1	Application for indefinite leave to remain where the fee is not specified elsewhere in this table or in other immigration and nationality fees regulations.	£1,051
2.1.2	Application for indefinite leave to remain as the dependant of a person making an application for limited leave to remain to which fee 2.1.1 applies.	£788
2.2	Fees for applications for indefinite leave to remain in the United Kingdom in respect of CESC nationals
2.2.1	Application for indefinite leave to remain where the applicant is a CESC national and a work permit holder.	£946
2.2.2	Application for indefinite leave to remain where the applicant is a CESC national and a Highly Skilled Migrant within the meaning provided in the immigration rules.	£946
2.2.3	Application for indefinite leave to remain where the applicant is a CESC national applying as a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a Tier 1 (General) Migrant or a Tier 2 Migrant.	£946

Table 3 (Exceptions in respect of fees for applications for leave to remain in the United Kingdom)

Number and description of the exception		Fees to which exception applies
3.1	Article 3 or Refugee Convention applications
	No fee is payable in respect of an Article 3 or Refugee Convention application.	Fees 1.1.1, 1.1.2, 2.1.1, and 2.1.2
3.2	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 concession operated outside the immigration rules by the United Kingdom Border Agency.	Fees 1.1.1, and 1.1.2.
3.3	Applications for leave to remain as a victim of domestic violence under paragraph 289A or Appendix FM
	No fee is payable in respect of an application as a victim of domestic violence under paragraph 289A or Appendix FM of the immigration rules, where at the time of making the application the applicant appears to the Secretary of State to be destitute.	Fees 2.1.1 and 2.1.2.
3.4	Short term variation of leave to enter or 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 1.1.2, 1.2.15 to 1.2.18, 1.3.1 to 1.3.9, and 1.4.2 to 1.4.4.
3.5	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, 1.2.15 to 1.2.17. 2.1.1. and 2.2.1 to 2.2.3.
3.6	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 1.
3.7	Applications from qualifying work permit holders
	No fee is payable in respect of an application from a qualifying work permit holder.	Fees 1.2.11 to 1.2.14.

Applications by dependants

3.  The fees specified in Tables 1 and 2 for applications for leave to remain in the United Kingdom as the dependant of a person making such an application (“the main applicant”) only apply where—

(a) the application is made at the same time and by the same method as the main applicant’s application; or

(b) in the case of applications which are made in person, the application is made at the same place and on the same day as the main applicant’s application.

Separate applications by dependants of those applying under the Points-Based System

4.  Where—

(a) an application is made for leave to remain in the United Kingdom as the dependant of a main applicant applying for such leave as a Tier 1, Tier 2, Tier 4 or Tier 5 Migrant; and

(b) the fees specified in Table 1 for dependants of persons applying for leave to remain in the United Kingdom do not apply;

the fee for that application shall be the fee specified in Table 1 for the main applicant’s application.

Multiple applications for leave to remain in the United Kingdom

5.—(1) Where two or more applications for limited or indefinite 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), shall—

(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.

(1)

1999 c.33; section 94(1) was amended by section 60(2) of the Nationality, Immigration and Asylum Act 2002 (c.41) and paragraph 180 of Schedule 3 to the Transfer of Tribunal Functions Order (S.I. 2008/2833).

(2)

S.I. 1995/755 (N.I.2).

(3)

1989 c.41.

(4)

1995 c.36.

(5)

2002 c.41.

(6)

1997 c.68; section 2 was amended by paragraph 2 of Schedule 7 to the Nationality, Immigration and Asylum Act 2002 and paragraph 14 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006.