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The Immigration and Nationality (Fees) Regulations 2018

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Regulation 10

SCHEDULE 8U.K.NATIONALITY

This schedule has no associated Explanatory Memorandum

InterpretationU.K.

1.—(1) In this Schedule—

application for naturalisation as a British citizen” means an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act M1;

application for naturalisation as a British overseas territories citizen” means an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act M2;

application for registration as a British citizen under the 1981 Act” means an application for registration as a British citizen under sections 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4B, 4D, 4F, 10(1) or (2), or 13(1) or (3) of, or paragraph 3, [F13A,] 4 or 5 of Schedule 2 to, the 1981 Act M3;

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 1997 M4;

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 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 24 of that Act), 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to, that Act M5;

application for registration as a British protected person” means an application for registration as a British protected person under article 7 of the 1982 Order M6;

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;

certificate of entitlement” has the same meaning as provided for in section 33(1) of the 1971 Act M7;

certificate of registration or naturalisation” means a certificate of registration or naturalisation issued under the 1981 Act;

[F2historical legislative unfairness”, in relation to the basis on which an application is made under section 4L of the 1981 Act, has the same meaning as it has for the purposes of subsection (1)(a) of that section (see section 4L(2) of that Act);

public authority” has the same meaning as it has for the purposes of section 4L of the 1981 Act (see section 4L(3) of that Act).]

(2) For the purposes of this Schedule an application is made on the date on which it is received by the Secretary of State or by any person authorised by the Secretary of State to receive nationality applications.

Textual Amendments

Marginal Citations

M1Section 6(2) has been prospectively amended by section 40(1) of the Borders, Citizenship and Immigration Act 2009 (c. 11) (the “2009 Act”) from a date to be appointed, and was amended by paragraph 72 of Schedule 27 to the Civil Partnership Act 2004 (c. 33) (the “2004 Act”).

M2Section 18(1) and (2) was amended by section 2(2)(b) of the British Overseas Territories Act 2002 (“the Overseas Territories Act”) and section 18(2) was also amended by paragraph 76 of Schedule 27 to the 2004 Act.

M3Section 1(3) was amended by section 42(1) and (3) of the 2009 Act; section 1(3A) was inserted by section 42(1) and (4) of the 2009 Act; section 1(4) was amended by section 42(1) and (5) of the 2009 Act; section 3(2) was amended by paragraph 3(1) and (2) of Schedule 1 to the Overseas Territories Act and section 43(1) and (2) of the 2009 Act; section 3(5) was amended by paragraph 3(1) and (4) of Schedule 1 to the Overseas Territories Act; section 4A was inserted by section 4 of the Overseas Territories Act; section 4B was inserted by section 12 of the 2002 Act and was amended by section 44 of the 2009 Act; section 4D was inserted by section 46 of the 2009 Act; section 4F was inserted by section 65 of the Immigration Act 2014; section 10(1) was amended by section 5(a) of the 2002 Act; section 10(2) was amended by section 5(a) of the 2002 Act and by section paragraph 73 of Schedule 27 to the 2004 Act; paragraph 3 of Schedule 2 was amended by section 1(1)(b) of the Overseas Territories Act and section 8 of the 2002 Act; and paragraph 4 of Schedule 2 was amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act.

M41997 c. 20; section 1 was amended by section 2(3) of the Overseas Territories Act and section 47(3) of the 2009 Act.

M5Sections 15(3) and (4) and 17(2) and (5) were amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act; section 22(1) was amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act, and section 5(b) the 2002 Act; and section 22(2) was amended by sections 1(1)(b) and 2(2)(b) of the Overseas Territories Act, section 5(b) of the 2002 Act, and paragraph 77 of Schedule 27 to the 2004 Act.

M6S.I. 1982/1070; article 7 was amended by section 1(2) of the Overseas Territories Act and S.I. 2009/1892.

M7The definition of “certificate of entitlement” was substituted by section 10(5)(b) of the 2002 Act.

Fees for applications, processes and services relating to nationalityU.K.

2.—(1) Tables 19 and 20 specify the amount of the fees for the specified applications, processes and services relating to nationality.

[F3(1A) Table 20A provides exceptions from the requirement to pay fees specified in [F4Table 19] [F5and Table 20] in specified circumstances.]

(2) The fees specified in Table 20 are subject to paragraph 3 (multiple declarations of renunciation of British citizenship).

[F6(3) Paragraph 6 confers a discretion on the Secretary of State to waive the fee specified in 19.3.1.]

[F7(4) Paragraph 7 confers a discretion on the Secretary of State to waive, in specified circumstances, any fee specified in Table 19 or 20.]

[F8(5) Paragraph 8 confers a discretion on the Secretary of State to waive, in specified circumstances, the fees specified in 19.3.1 and 19.3.2.]

Table 19 (Fees for applications relating to nationality)

Number of feeType of applicationAmount of fee
19.1Fees for applications for naturalisation
19.1.1Application for naturalisation as a British citizen.[F9£1,500]
19.1.2Application for naturalisation as a British overseas territories citizen.£1,000
[F1019.1AFee for applications for registration as a British citizen in special circumstances
19.1A.1

Application for registration as a British citizen under section 4L of the 1981 Act made on the basis that the applicant would have been able to become a British citizen but for—

(a) historical legislative unfairness,

(b) an act or omission of a public authority, or

(c) exceptional circumstances relating to the applicant.

[F11£1,351]]
19.2Fees for [F12other] applications for registration where the applicant is an adult
19.2.1Application 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.[F13£1,351]
19.2.2Application 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.[F14£1,351]
19.2.3Application for registration as a British overseas territories citizen, where the applicant is aged 18 or over at the time the application is made.£901
19.2.4Application for registration as a British overseas citizen, where the applicant is aged 18 or over at the time the application is made.£901
19.2.5Application for registration as a British subject, where the applicant is aged 18 or over at the time the application is made.£901
19.2.6Application for registration as a British protected person where the applicant is aged 18 or over at the time the application is made.£901
19.3Fees for [F15other] applications for registration where the applicant is a child
[F1619.3.1 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. [F17£1,214]
19.3.2 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. [F18£1,214]]
19.3.3Application 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.£810
19.3.4Application 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.£810
19.3.5Application 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.£810
19.3.6Application 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.£810

Table 20 (Fees for applications, processes and services in connection with nationality)

Number of feeType of application, process or serviceAmount of fee
20.1Fees for applications in connection with nationality
20.1.1Application for the amendment of a certificate of registration or naturalisation other than where the amendment is required to rectify an error made by the Secretary of State.£250
20.1.2Application for a certificate of entitlement where the application is made in respect of a person who is in the United Kingdom at the time that the application is made.£372
20.1.3Application for a certificate of entitlement where the application is made in respect of a person who is outside the United Kingdom at the time that the application is made.£388
20.1.4Application for a letter or other document confirming a person's nationality status or that a person is not a British citizen, where the fee is not specified elsewhere in these Regulations.£250
20.2Fees for processes in connection with nationality
20.2.1Application for the review of an application for a certificate of registration or naturalisation, or for a certificate of entitlement, which has been refused by the Secretary of State.£372
F19. . .F19. . .F19. . .
20.3Fees for services in connection with nationality
20.3.1Registration of a declaration of renunciation of British citizenship under section 12 of the 1981 Act M8.£372
20.3.2Registration of a declaration of renunciation of British overseas territories citizenship under sections 12 and 24 of the 1981 Act M9.£372
20.3.3Registration of a declaration of renunciation of British National (Overseas) status under section 12 of the 1981 Act and article 7 of the Hong Kong (British Nationality) Order 1986 M10.£372
20.3.4Registration of a declaration of renunciation of British overseas citizenship under sections 12 and 29 of the 1981 Act.£372
20.3.5Registration of a declaration of renunciation of the status of British subject under sections 12 and 34 of the 1981 Act.£372
20.3.6Registration of a declaration of renunciation of the status of British protected person under article 11 of the 1982 Order M11.£372
20.3.7The supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former nationality Acts (within the meaning of section 50(1) of the 1981 Act), or the 2007 Act.£250
20.4Fees for services in connection with citizenship ceremonies and citizenship oaths
20.4.1The arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony).£80
20.4.2The administration of a citizenship oath (or citizenship oath and pledge), where the citizenship oath (or citizenship oath and pledge) are not administered at a citizenship ceremony or by a Justice of the Peace.£5

[F20Table 20A [F21(Exceptions in respect of fees for registration and for services in connection with citizenship ceremonies and oaths)]

Number and description of the exceptionFees to which the exception applies
20A.1Certain applications for registration as a British citizen under section 4F of the 1981 Act
20A.1.1

No fee is payable in respect of an application for registration as a British citizen under the 1981 Act where—

(a) the application is made under section 4F of that Act;

(b) the relevant registration provision (within the meaning given by section 4F(2) of that Act) is paragraph 4 or 5 of Schedule 2 to that Act; and

(c) the applicant made an application falling within paragraphs (a) and (b) before 25th July 2019 but it was refused because the Secretary of State was not satisfied that the applicant was of good character.

Fees 19.2.1, 19.3.1
F22. . .F22. . .
F22. . .F22. . .F22. . .
[F2320A.3Children being looked after by a local authority
20A.3.1

No fee is payable in respect of an application for registration as a British citizen under the 1981 Act or the 1997 Act where, at the time the application is made, the person in respect of whom it is made is a child and—

(a) is being looked after by a local authority, or

(b) is being looked after outside the United Kingdom under an arrangement similar to any of those referred to in the provisions mentioned in the definition of “being looked after by a local authority” in regulation 2.

Fees 19.3.1, 19.3.2
20A.4Fees for services in connection with citizenship ceremonies and citizenship oaths where no registration fee was payable
20A.4.1

No fee is payable for the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony) in relation to the registration of a person as a British citizen under the 1981 Act or the 1997 Act where no fee was payable in respect of the related application for registration of that person because—

(a) the exception in 20A.3.1 applied, or

(b) the fee in respect of that application was waived under paragraph 8.

Fee 20.4.1
20A.4.2

No fee is payable for the administration, otherwise than at a citizenship ceremony or by a Justice of the Peace, of a citizenship oath (or citizenship oath and pledge) in relation to the registration of a person as a British citizen under the 1981 Act or the 1997 Act where no fee was payable in respect of the related application for registration of that person because—

(a) the exception in 20A.3.1 applied, or

(b) the fee in respect of that application was waived under paragraph 8.

Fee 20.4.2]
[F2420A.4.3 No fee is payable for the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony) in relation to the registration of a person as a British citizen under section 4K of the 1981 Act where the person is entitled to be registered as a British citizen under that section because they are or would be entitled to be registered as a British overseas territories citizen under section 17H of that Act. Fee 20.4.1
20A.4.4No fee is payable for the administration, otherwise than at a citizenship ceremony or by a Justice of the Peace, of a citizenship oath and pledge in relation to the registration of a person as a British citizen under section 4K of the 1981 Act where the person is entitled to be registered as a British citizen under that section because they are or would be entitled to be registered as a British overseas territories citizen under section 17H of that Act.Fee 20.4.2
20A.4.5No fee is payable for the administration of a citizenship oath and pledge in relation to the registration of a person as a British overseas territories citizen under section 17H of the 1981 Act.Fee 20.4.2]]

Textual Amendments

Marginal Citations

M8Section 12 was amended by paragraph 74 of Schedule 27 to the 2004 Act.

M9Section 24 was amended by section 2(2)(a) and (b) of the Overseas Territories Act.

M10S.I. 1986/948 as amended by section 2(3) of the Overseas Territories Act.

M11S.I. 1982/1070, article 11 was amended by section 2(3) of the Overseas Territories Act and S.I. 1983/1699.

Multiple declarations of renunciation of British citizenshipU.K.

3.  Where a person makes more than one declaration of renunciation at the same time, for which the fee is specified in Table 20, only one such fee is payable.

Responsibility for paying the fee for the arrangement of a citizenship ceremonyU.K.

4.—(1) The specified fee in 20.4.1 in Table 20 is payable by the person who is required by section 42 of the 1981 Act M12 to make a citizenship oath and pledge at a citizenship ceremony.

(2) Where the fee for the arrangement of a citizenship ceremony is not paid in accordance with sub-paragraph (1), the Secretary of State may not consider the related application for registration or naturalisation made by the person responsible for paying that fee.

Marginal Citations

M12Section 42 was substituted by paragraph 1 of Schedule 1 to the 2002 Act.

Refunds of fees for the arrangement of a citizenship ceremony where an application is refused or the requirement to attend the ceremony is disappliedU.K.

5.  Where the specified fee in 20.4.1 in Table 20 for the arrangement of a citizenship ceremony is paid in accordance with paragraph 4(1), it must be refunded if—

(a)the Secretary of State refuses to arrange the citizenship ceremony; or

(b)the Secretary of State decides that the registration is to be effected, or the certificate of naturalisation is to be granted, but disapplies the requirement to make a citizenship oath and pledge at a citizenship ceremony because of the special circumstances of the case.

[F25Waiver in respect of the fee specified in 19.3.1U.K.

6.(1) The Secretary of State may waive the fee specified in 19.3.1 in respect of an application for registration as a British citizen made—

(a)under section 3(1) of the 1981 Act,

(b)in respect of a child born on or after 1st July 2006, and

(c)on the grounds in sub-paragraph (2).

(2) The grounds are that—

(a)at the time of the child’s birth, the woman who gave birth to the child (“the child’s mother”) was married to, or in a civil partnership with, a man other than the child’s natural father,

(b)no person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008,

(c)no person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, and

(d)the child would have automatically become a British citizen at birth by the operation of any provision of the 1981 Act if the child’s mother had been married to, or in a civil partnership with, the child’s natural father at the time of the child’s birth (irrespective of whether the child’s mother and natural father could actually have been married to, or in a civil partnership with, each other at that time).

(3) The reference in sub-paragraph (2)(d) to automatically becoming a British citizen at birth is to be construed in accordance with section 4J(4) of the 1981 Act.]

[F26Waiver of fee as a remedy for maladministrationU.K.

7.  The Secretary of State may waive the payment of any fee specified in Table 19 or 20 in respect of any application, process or service where the Secretary of State considers that—

(a)the person in respect of whom the application is made or (as the case may be) in relation to whom the process or service is to be carried out or provided has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and

(b)the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application, process or service.]

[F27Fees specified in 19.3.1 and 19.3.2: waiver on grounds of unaffordabilityU.K.

8.  The Secretary of State may waive the fee specified in 19.3.1 or 19.3.2 in a case where the Secretary of State considers that the fee is not affordable, taking into account the financial circumstances of the child in respect of whom the application is being made and of any other person who (in the Secretary of State’s opinion) might otherwise reasonably be expected to bear the cost of paying all or part of the fee.]

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