The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024

Statutory Instruments

2024 No. 398

IMMIGRATION

NATIONALITY

PASSPORTS

The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024

Made

19th March 2024

Laid before Parliament

20th March 2024

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 68(1), (7), (8) and (10)(a) and (b), 69(2) and 74(8)(a), (b) and (c) of the Immigration Act 2014(1) and sections 86(1) and (3) and 93(6)(a) of the Immigration Act 2016(2). These Regulations are made further to provision in the Immigration and Nationality (Fees) Order 2016(3).

In accordance with section 69(1) of the Immigration Act 2014 and section 87(1) of the Immigration Act 2016, these Regulations are made with the consent of the Treasury.

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024.

(2) These Regulations come into force as follows—

(a) this regulation and regulations 2, 3 and 13(1) and (2) come into force on 4th April 2024;

(b) regulations 4, 5, 6 and 8 come into force on 10th April 2024;

(c) regulation 10(1), so far as it relates to Part 1 of the table in Schedule 1, and (2) comes into force at 9.00 a.m. on 10th April 2024;

(d) regulations 7, 9 and 14 come into force on 11th April 2024;

(e) regulation 10(1), so far as it relates to Part 2 of the table in Schedule 1, and regulation 11 come into force on 1st July 2024;

(f) regulation 10(1), so far as it relates to Part 3 of the table in Schedule 1, and regulation 13(3) and (4) come into force at 9.00 a.m. on 24th July 2024;

(g) regulation 12 comes into force on 10th September 2024.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

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

(a) this regulation;

(b) regulation 10(1) so far as it relates to the entry in the table in Schedule 1 which amends Schedule 9 to the principal Regulations.

(5) 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—

(a) this regulation;

(b) regulation 10(1) so far as it relates to the entry in the table in Schedule 1 which amends Schedule 10 to the principal Regulations.

(6) In these Regulations, “the principal Regulations” means the Immigration and Nationality (Fees) Regulations 2018(4).

Amendment of the principal Regulations

2.  The principal Regulations are amended in accordance with regulations 3 to 12.

Amendments relating to Appendix Immigration Salary List

3.—(1) In regulation 2 (interpretation)—

(a) after the definition of “immigration rules” insert—

““immigration salary list certificate of sponsorship” means a certificate of sponsorship issued in respect of employment in an occupation listed in the Immigration Salary List in Appendix Immigration Salary List to the immigration rules;”;

(b) omit the definition of “shortage occupation certificate of sponsorship”.

(2) In Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom), in Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom), in 1.3.6C and 1.3.6D, for “shortage occupation”, in each place it occurs, substitute “immigration salary list”;

(3) In Schedule 2 (applications for leave to remain in the United Kingdom), in Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications), in 6.2.6C and 6.2.6D, for “shortage occupation”, in each place it occurs, substitute “immigration salary list”.

Amendment relating to Appendix Family Reunion (Protection)

4.  In Schedule 2, in paragraph 1(1) (interpretation), in sub-paragraph (d) of the definition of “Article 3 or Refugee Convention application”, for “paragraphs 352A to 352FI of” substitute “Appendix Family Reunion (Protection) to”.

Amendment relating to conditions of no recourse to public funds

5.  In Schedule 2, in Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom), in 9.9, for the entry that begins “No fee is payable” substitute—

“No fee is payable in respect of an application for variation of the conditions attached to a grant of limited leave to enter or remain in the United Kingdom, in order to be permitted access to public funds, by a person who has been granted such leave (subject to a condition of no recourse or access to public funds).”.

Amendment relating to Appendix Hong Kong British National (Overseas)

6.  In Schedule 2, in Table 9, after 9.9, insert—

“9.9A	Certain applications for leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) of the immigration rules
	No fee is payable in respect of an application for leave to remain in the United Kingdom for 30 months under Appendix Hong Kong British National (Overseas) to the immigration rules where, at the time the application is made— (a) the applicant has leave to enter or leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) of the immigration rules, (b) any condition of no access to public funds to which that leave was subject has been removed in accordance with paragraph HK 65.1 of that Appendix, (c) the applicant is in receipt of public funds, and (d) the applicant is, in the opinion of the Secretary of State, unable to afford the fee.	6.2C.1”.

Amendment relating to Appendix Long Residence

7.  In Schedule 2, in Table 9, after 9.22, insert—

“9.22A	Applications for leave to remain in the United Kingdom under Appendix Long Residence to the immigration rules resulting from a variation by the Secretary of State of an application for settlement
	No fee is payable in respect of an application for leave to remain in the United Kingdom under Appendix Long Residence to the immigration rules arising from a variation by the Secretary of State, under paragraph LR 15.2 of that Appendix, of an application for settlement in the United Kingdom	Fee 6.1.1”.

Amendments relating to contact point meetings

8.  In Schedule 3 (documents and administration)—

(a) in paragraph 1 (interpretation)—

(i) after the definition of “certificate of travel”, insert—

““contact point meeting” means, in relation to an applicant under Appendix Innovator Founder to the immigration rules, a meeting between the applicant and an endorsing body to assess progress against the applicant’s business plan;”;

(ii) after the definition of “document of identity”, insert—

““endorsing body” means an organisation which is approved by the Secretary of State to endorse an individual or business in connection with an application under the immigration rules;”;

(b) in paragraph 2 (fees for documents)—

(i) in the heading, at the end, insert “and services”;

(ii) in paragraph (1)—

(aa) for “applications and requests” substitute “applications, requests and other requirements”;

(bb) after “documents” insert “and services”;

(c) in Table 10 (fees for miscellaneous documents and services), at the end, insert—

“10.9	Fee for contact point meeting
10.9.1	Carrying out a contact point meeting required by Appendix Innovator Founder of the immigration rules.	£500”;

(d) in Table 11 (exceptions to the requirement to pay fees for travel documents etc.)—

(i) in the heading, for “and for processing an application or claim later rejected as valid” substitute “, for processing an application or claim later rejected as invalid, and for contact point meetings”;

(ii) at the end, insert—

“11.6	Contact point meetings for certain applicants
11.6.1	No fee is payable in respect of a contact point meeting where— (a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”), (b) the contact point meeting is with the endorsing body or legacy endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, and (c) where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.	10.9.1
11.6.2	No fee is payable in respect of a contact point meeting where— (a) the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”), (b) the contact point meeting is not with the endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, (c) the letter which endorsed the applicant in connection with the applicant’s current leave (“the original letter”) was issued (pursuant to the immigration rules) by a legacy endorsing body which was at the time when the original letter was issued, approved by the Home Office to endorse individuals in connection with applications under Appendix Innovator to those rules, and (d) where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.	10.9.1
11.6.3	No fee is payable in respect of a contact point meeting where the endorsing body is the Global Entrepreneur Programme operated by the Department for Business and Trade(5).	10.9.1”.

Amendments relating to Appendix HM Armed Forces

9.—(1) In Schedule 1—

(a) in paragraph 1(1) (interpretation)—

(i) before the definition of “liable to immigration detention” insert—

““HM Armed Forces service leaver” means a person described in paragraph AF 3.1 together with paragraph AF 5.1 of Appendix HM Armed Forces of the immigration rules;”;

(ii) after the definition of “liable to immigration detention” insert—

““member of HM Armed Forces” means a person described in paragraph AF 3.1 of Appendix HM Armed Forces of the immigration rules;”;

(iii) omit the definition of “member of HM Forces”;

(b) in paragraph 2(3) (fees for, and in connection with, applications for entry clearance to enter and leave to enter the United Kingdom), for “a member of HM Forces” substitute “an HM Armed Forces service leaver or a member of HM Armed Forces”;

(c) in Table 1—

(i) in the heading to 1.3D, for “foreign or Commonwealth citizen discharged from HM Forces” substitute “an HM Armed Forces service leaver or a member of HM Armed Forces”;

(ii) in 1.3D.1, for “paragraph 13 of Appendix Armed Forces” substitute “Appendix HM Armed Forces”;

(d) in Table 3 (fee for applications for entry clearance and indefinite leave to enter the United Kingdom – dependants of members of HM Forces)—

(i) in the heading, for “members of HM Forces” substitute “HM Armed Forces service leavers and members of HM Armed Forces”;

(ii) in 3.1.1, for “a member of HM Forces” substitute “an HM Armed Forces service leaver or a member of HM Armed Forces”;

(e) 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)—

(i) in the heading to 4.11.1, for “foreign or Commonwealth citizens discharged from HM Forces” substitute “HM Armed Forces service leavers and members of HM Armed Forces”;

(ii) in 4.11.1, for “paragraph 13 of Appendix Armed Forces” substitute “Appendix HM Armed Forces”.

(2) In Schedule 2, in Table 9—

(a) in the heading to 9.18, for “foreign or Commonwealth citizens discharged from HM Forces” substitute “HM Armed Forces service leavers and members of HM Armed Forces”;

(b) in 9.18, for “paragraph 16 of Appendix Armed Forces” substitute “Appendix HM Armed Forces”.

Amendments relating to the increase of miscellaneous fees

10.—(1) 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 that table, substitute the fee specified in the corresponding entry in column 3 of that table.

(2) In Schedule 2, paragraph 3A (reduction of fees for Health and Care Visa applications and related applications by dependants), in sub-paragraph (2)(b), for “£949” substitute “£1,085”.

Amendments relating to fees for premium services

11.  In Schedule 6 (premium services (in the United Kingdom)), in Table 17—

(a) after 17.5 insert—

“17.5.A1

The expedited entry of a passenger into, or transiting of a passenger through, the United Kingdom using the Border Force fast track service.

£10”;

(b) omit 17.5.1 and 17.5.2.

Amendments relating to Sponsor a Worker

12.—(1) In regulation 2, after the definition of “sponsor”, insert—

““Sponsor a Worker” means the scheme operated by the Secretary of State to give approval to an employer to recruit an individual to a specific work role where that individual is required to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom in order to perform that role;”.

(2) In Schedule 1—

(a) in Table 1, in 1.3.6A, 1.3.6B, 1.3.6C, 1.3.6D, 1.3.6G and 1.3.6H, after “has been issued”, in each place it occurs, insert “, or an approval under Sponsor a Worker has been given,”;

(b) in paragraph 3A(1), in the definition of a “Health and Care Visa application” and in sub-paragraph (a) of the definition of a “relevant dependant’s application”, after “issued”, in both places it occurs, insert “, or the approval under Sponsor a Worker given,”.

(3) In Schedule 2—

(a) in Table 6, in 6.2.6A, 6.2.6B, 6.2.6C, 6.2.6D, 6.2.6H and 6.2.6I, after “has been issued”, in each place it occurs”, insert “, or an approval under Sponsor a Worker has been given,”;

(b) in paragraph 3A(1), in the definition of a “Health and Care Visa application” and in sub-paragraph (a) of the definition of a “relevant dependant’s application”, after “issued”, in both places it occurs, insert “, or the approval under Sponsor a Worker given,”.

(4) In Schedule 4 (sponsorship), in Table 14 (fees in relation to sponsor licences, etc.), after 14.4.4, insert—

“14.5	Fees for sponsorship approval under Sponsor a Worker
14.5.1	Approving a sponsor under Sponsor a Worker in respect of an application or potential application under Appendix Skilled Worker, Appendix T2 Minister of Religion or Appendix Global Business Mobility - Senior or Specialist Worker to the immigration rules.	£239
14.5.2	Approving a sponsor for a period of 12 months or less under Sponsor a Worker in respect of an application or potential application under Appendix International Sportsperson to the immigration rules.	£25
14.5.3	Approving a sponsor for a period of more than 12 months under Sponsor a Worker in respect of an application or potential application under Appendix International Sportsperson to the immigration rules.	£239
14.5.4	Approving a sponsor under Sponsor a Worker in respect of an application or potential application under any of the following Appendices to the immigration rules— (a) Appendix Temporary Work - Seasonal Worker; (b) Appendix Temporary Work - Religious Worker; (c) Appendix Temporary Work - Charity Worker; (d) Appendix Temporary Work - Creative Worker; (e) Appendix Temporary Work - International Agreement; (f) Appendix Temporary Work - Government Authorised Exchange; (g) Appendix Scale-up.	£25
14.5.5	Approving a sponsor under Sponsor a Worker in respect of an application or potential application under any of the following Appendices to the immigration rules— (a) Appendix Global Business Mobility - Graduate Trainee; (b) Appendix Global Business Mobility - UK Expansion Worker; (c) Appendix Global Business Mobility - Service Supplier; (d) Appendix Global Business Mobility - Secondment Worker.	£25”.

Transitional provision

13.—(1) The amendments made by regulation 3 do not apply during the period beginning on 4th April 2024 and ending at the end of 3rd July 2024 in relation to a shortage occupation certificate of sponsorship issued before 4th April 2024.

(2) In paragraph (1), “shortage occupation certificate of sponsorship” has the meaning given in regulation 2 of the principal Regulations.

(3) 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.

(4) In paragraph (3)—

“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 entry 6.1.1 of Table 6 in Schedule 2 to the principal Regulations;

“time of increase” means the time when regulation 10(1) of these Regulations comes into force so far as it relates to the entry in Schedule 1 which amends the fee in 6.1.1 of Table 6 in Schedule 2 to the principal Regulations.

Amendment of fees in the Passport (Fees) Regulations 2022

14.  In the provision of the Schedule to the Passport (Fees) Regulations 2022(6) specified in column 1 of the table in Schedule 2 to these Regulations, for the fee specified in the corresponding entry in column 2 of that table, substitute the fee specified in the corresponding entry in column 3 of that table.

We consent to the making of these Regulations

Joy Morrissey

Scott Mann

Two of the Lords Commissioners of His Majesty's Treasury

19th March 2024

Tom Pursglove

Minister of State

Home Office

18th March 2024

Schedules

Regulation 10

Schedule 1 Amendments to fees in the principal Regulations

(1) Table in the principal Regulations	(2) Current fee	(3) New fee
Part 1 (fee increases coming into force at 9.00 a.m. on 10th April 2024)
Schedule 1, Table 1
1.1.2	£400	£432
Schedule 2, Table 6
6.2.6B	£1,500	£1,636
Schedule 8, Table 20
20.1.1	£250	£400
20.1.2	£372	£550
20.1.3	£388	£550
20.1.4	£250	£429
20.2.1	£372	£450
20.3.1	£372	£450
20.3.2	£372	£450
20.3.3	£372	£450
20.3.4	£372	£450
20.3.5	£372	£450
20.3.6	£372	£450
20.3.7	£250	£400
20.4.1	£80	£130
Schedule 9, Table 21
21.1.2	£400	£432
Schedule 10, Table 26
26.2.2	£400	£432
Part 2 (fee increases coming into force on 1st July 2024)
Schedule 6, Table 17
17.7.2	£77.40 per hour per officer	£150 per hour per officer
17.7.3	£57.33 per hour per officer	£72.27 per hour per officer
Schedule 7, Table 18
18.4.1	£77.40 per hour per officer	£150 per hour per officer
Part 3 (fee increases coming into force at 9.00 a.m. on 24th July 2024)
Schedule 2, Table 6
6.1.1	£1,048	£1,258

Regulation 14

Schedule 2 Amendments to fees in the Passport (Fees) Regulations 2022

(1) Provision of the Schedule in the Passport (Fees) Regulations 2022	(2) Current fee	(3) New fee
The “Fee” column of the table in paragraph 2
The first entry	£53.50	£57.50
The second entry	£64	£69
The third entry	£61	£65.50
The fourth entry	£71.50	£77
The fifth entry	£82.50	£88.50
The sixth entry	£93	£100
The seventh entry	£94	£101
The eighth entry	£104.50	£112.50
Paragraph 3(2)(a)	the standard fee plus £72.50	the standard fee plus £78
Paragraph 3(2)(b)	the standard fee plus £111	the standard fee plus £119
Paragraph 3(3)(a)	£72.50	£78
Paragraph 3(3)(b)	£111	£119
Paragraph 4	the fee for the fast track service specified in paragraph 3(2)(a) or, as the case may be, (3)(a), plus £22	the fee for the fast track service specified in paragraph 3(2)(a) or, as the case may be, (3)(a), plus £23.50
Paragraph 7, the closing words	the standard fee plus £11	the standard fee plus £12
Paragraph 8(2)(a)	the standard fee plus £83.50	the standard fee plus £90
Paragraph 8(2)(b)	the standard fee plus £122	the standard fee plus £131
Paragraph 9	the fee for the fast track service specified in paragraph 8(2)(a) plus £22	the fee for the fast track service specified in paragraph 8(2)(a) plus £23.50
Paragraph 10	the appropriate fee specified in paragraph 2 for an application made by a prospective passport holder who lives outside the United Kingdom plus £11	the appropriate fee specified in paragraph 2 for an application made by a prospective passport holder who lives outside the United Kingdom plus £12
Paragraph 11	the appropriate fee specified in paragraph 2 for an application made by a prospective passport holder by post plus £11	the appropriate fee specified in paragraph 2 for an application made by a prospective passport holder by post plus £12
The “Fee” column of the table in paragraph 12
The first entry	The standard fee plus £11	The standard fee plus £12
The second entry	The fee specified in the table in paragraph 2 for a postal application made by, or in respect of, an over-16 prospective passport holder who lives in the United Kingdom plus £11	The fee specified in the table in paragraph 2 for a postal application made by, or in respect of, an over-16 prospective passport holder who lives in the United Kingdom plus £12
The third entry	The standard fee plus £11	The standard fee plus £12
The fourth entry	The fee specified in the table in paragraph 2 for a postal application made by, or in respect of, an under-16 prospective passport holder who lives in the United Kingdom plus £11	The fee specified in the table in paragraph 2 for a postal application made by, or in respect of, an under-16 prospective passport holder who lives in the United Kingdom plus £12
The fifth entry	The fee specified in the table in paragraph 2 for a postal application made by, or in respect of, an over-16 prospective passport holder who lives in the United Kingdom plus £11	The fee specified in the table in paragraph 2 for a postal application made by, or in respect of, an over-16 prospective passport holder who lives in the United Kingdom plus £12

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330) (which set fees for the exercise of various functions in connection with immigration and nationality) and the Passport (Fees) Regulations 2022 (S.I. 2022/660) (which set fees for the exercise of various functions in connection with passports).

In particular, the Immigration and Nationality (Fees) Regulations 2018 are amended as follows—

• regulation 3 reflects a change in the title of Appendix Shortage Occupations List to the immigration rules to Appendix Immigration Salary List;

• regulation 4 makes an amendment consequential on the introduction of Appendix Family Reunion (Protection) to the immigration rules;

• regulation 5 amends the exception relating to fees for applications to vary limited leave to enter or remain in the United Kingdom to allow recourse to public funds so that the exception applies to all such applications;

• regulation 6 introduces a new exception to the requirement to pay a fee in relation to certain applications for limited leave to remain in the United Kingdom under Appendix Hong King British National (Overseas) of the immigration rules;

• regulation 7 introduces a new exception to the requirement to pay a fee for variation of an application to settle in the United Kingdom under Appendix Long Residence to the immigration rules where the variation is made by the Secretary of State under paragraph 15.2 of that Appendix;

• regulation 8 introduces a new fee, and an exception to the requirement to pay that fee, for contact point meetings required under Appendix Innovator Founder of the immigration rules;

• regulation 9 makes various amendments consequential on the introduction of Appendix HM Armed Forces to the immigration rules;

• regulation 10 and the table in Schedule 1 increase various fees;

• regulation 11 combines two (location specific) fees into a single fee for expedited entry using the Border Force fast track service;

• regulation 12 introduces new fees for the approval of sponsors under the Sponsor a Worker scheme.

Regulation 13 makes transitional provision. Regulation 13(1) ensures that the change in title of the Appendix Shortage Occupation List to the Appendix Immigration Salary List does not interfere with the operation of shortage list certificates of sponsorship which are issued before the change comes into force. Regulation 13(3) enables the general fee payable for applications for limited leave to remain in the United Kingdom which are made following unsuccessful waiver applications not to take account of the increases made by these Regulations.

Regulation 14 and the table in Schedule 2 increase various fees specified in the Passport (Fees) Regulations 2022.

A full impact assessment of the effect that this instrument will have on the costs to business has been produced. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

(1)

2014 c. 22. Sections 68 to 70 of the Immigration Act 2014 are extended, with modifications, to the Isle of Man by article 22 of, and Schedule 9A to, S.I. 2008/680 which were inserted by articles 5 and 7 of S.I. 2015/1765. Article 22 of S.I. 2008/680 was amended by S.I. 2019/562 and further amended by S.I. 2020/1214. There are other amendments to S.I. 2008/680 not relevant to these Regulations. Sections 68 to 70 are extended to the Bailiwick of Guernsey by article 4 of S.I. 2016/996 subject to modifications specified in the Schedule to that Order. Sections 68 to 70 are also extended to the Bailiwick of Jersey by article 12 of S.I. 2021/1281 subject to modifications specified in Schedule 10 to that SI.

(2)

2016 c. 19.

(3)

S.I. 2016/177, amended by S.I. 2017/440 and S.I. 2023/977; there are other amending instruments but none is relevant.

(4)

S.I. 2018/330. Relevant amending instruments are S.I. 2018/999, S.I. 2019/475, S.I. 2020/1147, S.I. 2021/1035, S.I. 2022/296, S.I. 2022/1062 and S.I. 2023/1004.

(5)

Information about the Global Entrepreneur Programme is published at https://www.great.gov.uk/international/content/investment/how-we-can-help/global-entrepreneur-program/ and is also available from the Home Office, Fees and Income Planning Team, 2 Marsham Street, London, SW1P 4DF.

(6)

S.I. 2022/660, as amended by S.I. 2023/15.