The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023

PART 1 PRELIMINARY

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023.

(2) Except as specified in paragraphs (3) to (5), these Regulations come into force at 9.00 a.m. on 4th October 2023.

(3) This Part, regulation 4(1) and (3) and regulation 6(3) come into force on 4th October 2023.

(4) Regulation 4(2) comes into force on 5th October 2023.

(5) Regulation 5 comes into force on 25th October 2023.

(6) Subject to paragraphs (7) and (8), these Regulations extend to England and Wales, Scotland and Northern Ireland only.

(7) The following provisions of these Regulations also extend to the Isle of Man, for the same purpose as the provisions of the principal Regulations which they amend(1)—

(a) this Part;

(b) regulation 3;

(c) regulation 8;

(d) regulation 10 in so far as it relates to the entries in Schedule 9 to the principal Regulations specified in Schedule 1 to these Regulations; and

(e) regulation 11 in so far as it relates to the entry in Schedule 9 to the principal Regulations specified in Schedule 2 to these Regulations.

(8) The following provisions also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, for the same purpose as the provisions of the principal Regulations which they amend(2)—

(a) this Part;

(b) regulation 3;

(c) regulation 9; and

(d) regulation 10 in so far as it relates to the entries in Schedule 10 to the principal Regulations specified in Schedule 1 to these Regulations.

(9) In these Regulations, “the principal Regulations” means the Immigration and Nationality (Fees) Regulations 2018(3).

PART 2 AMENDMENTS TO THE PRINCIPAL REGULATIONS

Amendments to the principal Regulations

2.  The principal Regulations are amended in accordance with this Part.

Amendments to regulation 2

3.  In regulation 2 (interpretation), insert the following definitions in the appropriate places—

““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;”;

““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;”.

Amendment to Schedule 1

4.—(1) Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) is amended as follows.

(2) In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom), after 1.4.4 insert—

“1.4.4A

Application for entry clearance under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 to the immigration rules(4).

£1,846”

(3) In Table 4 (exceptions in respect of fees for and in connection with applications for entry clearance to enter or leave to enter the United Kingdom)—

(a) in 4.2.1, for “paragraphs 352A to 352FI” substitute “Appendix Family Reunion (Protection)(5)”;

(b) omit 4.10 and 4.10.1.

Amendment to Schedule 3

5.—(1) Schedule 3 (documents and administration) is amended as follows.

(2) In paragraph 1 (interpretation) insert in the appropriate place—

““ETA” has the meaning given by section 11C of the 1971 Act (electronic travel authorisations)(6);”.

(3) In Table 10 (fees for miscellaneous documents and services), after 10.7.1 insert—

“10.7A	Electronic Travel Authorisation
10.7A.1	Request for an ETA where required in accordance with Appendix Electronic Travel Authorisation to the immigration rules (7).	£10”

Amendment to Schedule 6

6.—(1) Table 17 in Schedule 6 (premium services (in the United Kingdom)) is amended as follows.

(2) In 17.1.2, for “where the fee is not specified elsewhere in these Regulations” substitute “under a super priority service”.

(3) In 17.5.1, omit “Terminal 2, 3 or 4”.

Amendments to Schedule 7

7.—(1) Schedule 7 (premium services (outside the United Kingdom)) is amended as follows.

(2) Omit paragraph 1.

(3) In Table 18 (premium services outside the United Kingdom)—

(a) in 18.2.1, for “the priority visa service” substitute “a priority service”;

(b) in 18.2.2, for “the super priority visa service” substitute “a super priority service”;

(c) omit 18.2.3.

Amendments to Schedule 9

8.—(1) Schedule 9 (applications in relation to entry clearance to enter the Isle of Man and premium services) is amended as follows.

(2) In paragraph 1 (interpretation), omit the definitions of “priority settlement service”, “priority visa service” and “super priority visa service”.

(3) In Table 25 (premium services outside the United Kingdom and the Isle of Man)—

(a) in 25.2.1, for “the priority visa service” substitute “a priority service”;

(b) in 25.2.2, for “the super priority visa service” substitute “a super priority service”;

(c) omit 25.2.3.

Amendments to Schedule 10

9.—(1) Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) is amended as follows.

(2) In paragraph 1 (interpretation), omit the definitions of “priority settlement service”, “priority visa service” and “super priority visa service”.

(3) In Table 27 (premium services outside the United Kingdom and the relevant bailiwick)—

(a) in 27.2.1, for “the priority visa service” substitute “a priority service”;

(b) in 27.2.2, for “the super priority visa service” substitute “a super priority service”;

(c) omit 27.2.3.

Amendments to fees

10.  In the table in the principal Regulations specified in column 1 of the table in Schedule 1, for the fee specified in the corresponding entry in column 2 of the table in Schedule 1 (“the current fee”), substitute the fee specified in relation to the current fee in column 3 of the table in Schedule 1.

Amendments to fees reductions

11.—(1) In the provisions of the principal Regulations specified in column 1 of the table in Schedule 2 (which relate to the reduction of relevant fees in respect of Health and Care Visa applications and related applications by dependants), for the reduction in the relevant fee specified in column 2 of that table substitute the reduction in the relevant fee specified in column 3 of that table.

(2) In paragraph (1), the “relevant fee” means the fee which would, but for the provisions specified in column 1 of the table in Schedule 2, be payable for the application as specified in the principal Regulations (as amended by Schedule 1).

PART 3 TRANSITIONAL PROVISION

Transitional provision

12.—(1) In this regulation—

“applicable fee” means the fee payable in respect of a relevant application under the principal Regulations;

“relevant application” means an application, the fee for which is specified in 19.3.1 and 19.3.2 in Table 19 in Schedule 8 to the principal Regulations;

“time of increase” means the time when regulation 10 of these Regulations comes into force.

(2) Where—

(a) a person makes a relevant application;

(b) the relevant application includes an application to waive the applicable fee;

(c) the application to waive the applicable fee was made before the time of the increase; and

(d) the Secretary of State determines after the time of increase that the applicable fee should not be waived,

the applicable fee is that which was payable immediately before the time of increase.

Sarah Dines

Parliamentary Under Secretary of State

Home Office

14th September 2023

We consent

Stuart Anderson

Scott Mann

Two of the Lords Commissioners of His Majesty’s Treasury

13th September 2023