Search Legislation

Advanced Search

The Immigration and Nationality (Fees) Regulations 2018

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Immigration and Nationality (Fees) Regulations 2018. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Regulation 2:

Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:

Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):

InterpretationU.K.

This section has no associated Explanatory Memorandum

2.  In these Regulations—

“the 1971 Act” means the Immigration Act 1971 M1;

“the 1981 Act” means the British Nationality Act 1981 M2;

“the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 1982 M3;

“the 1999 Act” means the Immigration and Asylum Act 1999 M4;

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002 M5;

“the 2007 Act” means the UK Borders Act 2007 M6;

“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 2008 M7;

“the 2016 Order” means the Immigration and Nationality (Fees) Order 2016;

[F1“administrative review” means administrative review under Appendix AR or Appendix AR (EU) to the immigration rules [F2or under Part 5 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020];]

“approval letter from a designated competent body”—

(a)

F3...

(b)

F4... means a letter from a designated competent body, within the meaning of the Isle of Man immigration rules M8, endorsing a proposed application for entry clearance to enter the Isle of Man as a Tier 1 (Exceptional Talent) Migrant;

[F5“approval letter from an endorsing body” means a letter from an endorsing body, within the meaning given by paragraph 6 of the immigration rules, endorsing a proposed application [F6from an individual or a business for—

(a)

entry clearance to enter or leave to remain in the United Kingdom under Appendix Global Talent, Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to those rules;; or

(b)

a sponsor licence in connection with sponsoring the applicant under Appendix Scale-up to those rules;]]

“being looked after by a local authority” means being looked after by a local authority (or in Northern Ireland, an authority) under—

(a)

section 22(1) of the Children Act 1989 M9;

(b)

section 17(6) of the Children (Scotland) Act 1995 M10;

(c)

article 25(1) of the Children (Northern Ireland) Order 1995 M11; or

(d)

section 74(1) of the Social Services and Well-being (Wales) Act 2014 M12;

“biometric immigration document” has the same meaning as provided in section 5 of the 2007 Act M13;

“certificate of sponsorship”—

(a)

F7... means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a sponsored worker;

(b)

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9...

“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 or nationality to applicants;

“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 M14;

“dependant” in respect of a person (“P”) means—

(a)

the spouse or civil partner of P;

(b)

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

(c)

any other person whose entitlement to make an application referred to in these Regulations arises by virtue of a connection between that person and P;

“EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963 M15;

“entry clearance”—

(a)

in respect of the United Kingdom has the same meaning as provided in section 33(1) of the 1971 Act M16;

(b)

in respect of the Isle of Man has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Isle of Man M17;

(c)

in respect of the Bailiwick of Guernsey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Guernsey M18;

(d)

in respect of the Bailiwick of Jersey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Jersey M19;

[F10“Global Talent Migrant” has the meaning given by paragraph 6 of the immigration rules;]

“immigration rules” means the rules made under section 3(2) of the 1971 Act;

“indefinite leave” has the same meaning as provided in section 33(1) of the 1971 Act;

[F11“Innovator Founder” has the meaning given by paragraph 6 of the immigration rules;]

“Isle of Man immigration rules” means the rules made under section 3(2) of the 1971 Act as that section extends to the Isle of Man M20;

“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;

[F12“legacy endorsing body” means an organisation which had previously been approved by the Home Office to endorse an individual or business in connection with an application under the Innovator or Start-up routes but which is not permitted to endorse a new individual or business under the Innovator Founder route;]

“Life in the UK Test” means the test referred to as the Life in the UK Test in Appendix KoLL [F13and Appendix KOL UK] to the immigration rules and regulation 5A of the British Nationality (General) Regulations 2003 M21;

“limited leave” has the same meaning as provided in section 33(1) of the 1971 Act;

“main applicant” means the person who has made an application or claim in connection with immigration, as distinct from a person applying as the dependant of such a person;

“Points-Based System”—

(a)

F14...

(b)

F15... means those categories set out in Part 6A of the Isle of Man immigration rules;

[F16“premium services” means optional premium services in connection with immigration or nationality;]

[F17“priority service” means the optional premium service offered to applicants under which an application in connection with immigration and nationality or any part of such an application is processed on an expedited basis;]

“private medical treatment”—

(a)

in respect of the United Kingdom has the same meaning as provided in Appendix V to the immigration rules;

(b)

in respect of the Isle of Man has the same meaning as provided in Appendix V to the Isle of Man immigration rules;

F18...

F18...

“shortage occupation certificate of sponsorship”—

(a)

F19... means a certificate of sponsorship issued in respect of employment in an occupation listed in the Shortage Occupation List [F20in Appendix Shortage Occupation List] to the immigration rules;

(b)

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“sponsor”—

(a)

F22... means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;

(b)

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“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;

“sponsored worker”—

(a)

F24...means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship;

(b)

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26“Start-up Migrant”—

(a)

F27...

(b)

F28... has the meaning given by paragraph 6 of the Isle of Man immigration rules;]

F29...

[F17“super priority service” means the optional priority service offered to applicants by which it is aimed to process relevant applications within a period shorter than that within which it is aimed to process applications under the priority service;]

“Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”F30... [F31and], “Tier 1 (Investor) Migrant”F32...—

(a)

in respect of the United Kingdom have the meanings given by paragraph 6 of the immigration rules;

(b)

in respect of the Isle of Man have the meanings given by paragraph 6 of the Isle of Man immigration rules;

[F33“Tier 1 (Graduate Entrepreneur) Migrant” has the meaning given by paragraph 6 of the Isle of Man immigration rules;]

F34...

(a)

F34...

(b)

F35...

F36...

“Tier 4 Migrant”—

(a)

F37...

(b)

F38... has the meaning given by paragraph 6 of the Isle of Man immigration rules;

“Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant”—

(a)

F39...

(b)

F40... have the meanings given by paragraph 6 of the Isle of Man immigration rules;

F41...

“travel document” means a document which—

(a)

is not a passport;

(b)

allows a person (or, if the person has died, the body of that person) to travel outside the United Kingdom; and

(c)

is issued by the Home Office to a person who is either a refugee or stateless, or cannot obtain or use a passport issued by the person's own country;

“User-Pays Application Centre” means an office at which applicants can access—

(a)

in respect of the United Kingdom, services in connection with immigration or nationality specifically in relation to entry clearance to enter, leave to enter or leave to remain in the United Kingdom;

(b)

in respect of the Isle of Man, services in connection with immigration specifically in relation to entry clearance to enter the Isle of Man;

(c)

in respect of the Bailiwick of Guernsey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;

(d)

in respect of the Bailiwick of Jersey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;

“visit visa”—

(a)

[F42in respect of the United Kingdom means entry clearance to enter the United Kingdom as a visitor;]

(b)

in respect of the Isle of Man has the same meaning as in Appendix V to the Isle of Man immigration rules.

Textual Amendments

Marginal Citations

M11971 c. 77. This Act was extended subject to modifications to the Bailiwick of Guernsey by S.I. 1993/1796 (as amended by S.I. 2003/2900), S.I. 2011/2444 and S.I. 2015/1533. It was also extended to the Bailiwick of Jersey by S.I. 1993/1797, as amended by S.I. 2003/1252, S.I. 2012/2593 and S.I. 2017/981. It was also extended subject to modifications to the Isle of Man by S.I. 2008/680 as amended by S.I. 2011/1158, S.I. 2011/1408, S.I. 2015/1765, S.I. 2016/156 and SI 2016/755.

M3S.I. 1982/1070, as amended by sections 1(2) and 2(3) of the British Overseas Territories Act 2002 (c. 8), S.I. 1983/1699 and S.I. 2009/1892.

M7S.I. 2008/3048, as amended by S.I. 2009/819, S.I. 2009/3321, S.I. 2010/2958; S.I. 2012/594, S.I. 2015/433 and S.I. 2015/897.

M8Laid before Tynwald on 17th May 2005 (SD 62/05), as amended.

M91989 c. 41. Section 22(1) was amended by paragraph 19 of Schedule 5 to the Local Government Act 2000 (c. 22); section 2(1) and (2) of the Children (Leaving Care) Act 2000 (c. 35); section 116(2) of the Adoption and Children Act 2002 (c. 38); and S.I. 2016/413.

M101995 c. 36. Section 17(6) was amended by paragraph 9(4)(b) of Schedule 2 to the Adoption and Children (Scotland) Act 2007 (asp 4); paragraph 2(4) of Schedule 5 to the Children's Hearings (Scotland) Act 2011 (asp 1); and S.S.I. 2013/211.

M13Section 5 was amended by paragraph 19 of the Schedule to the Identity Documents Act 2010 (c. 40); the 2008 Regulations were made under this section.

M15OJ No C 113, 24.12.73, p 2.

M16The definition of “entry clearance” in section 33(1) was amended by paragraph 2 of Schedule 4 to the 1981 Act and paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).

M17The definition of “entry clearance” in section 33(1) was extended with modifications to the Isle of Man by article 6 of S.I. 2008/680; there are amendments to that Order but none are relevant.

M18The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Guernsey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, S.I. 1993/1796.

M19The definition of “entry clearance” in section 33(1) was extended with modifications to the Bailiwick of Jersey by article 3(1) of, and paragraph 18(a)(ii) of Schedule 1 to, S.I. 1993/1797, as amended by S.I. 2017/981.

M20Section 3(2) of the Immigration Act 1971 was extended with modifications to the Isle of Man by article 6 of S.I. 2008/680; there are amendments to that Order but none are relevant.

M21S.I. 2003/548; regulation 5A was inserted by S.I. 2004/1726 and subsequently amended by S.I. 2013/2541, S.I. 2015/681 and S.I. 2015/1806.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources