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The Immigration and Nationality (Fees) Regulations 2018

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Regulation 13

SCHEDULE 11U.K.MISCELLANEOUS FEES

This schedule has no associated Explanatory Memorandum

1.  In this Schedule—U.K.

“connected application” means an application for [F1entry clearance to enter,] leave to enter or leave to remain in the United Kingdom which has given rise to a decision which may potentially be the subject of administrative review, whether that application was made—

(a)

by an applicant in the applicant's own right; or

(b)

as the main applicant with one or more dependants having made linked applications;

“linked application” means an application for [F1entry clearance to enter,] leave to enter or leave to remain in the United Kingdom made by the dependant of a main applicant on the same day as the main applicant's application for [F1entry clearance to enter,] leave to enter or leave to remain in the United Kingdom;

“unlinked application” means an application for [F1entry clearance to enter,] leave to enter or leave to remain in the United Kingdom made by the dependant of a main applicant on a different day to the day on which the main applicant's application for [F1entry clearance to enter,] leave to enter or leave to remain was made.

Textual Amendments

Fee for the administration of the Life in the UK TestU.K.

2.  A fee of £50 is payable for the administration of the Life in the UK Test.

Fee for the process of administrative review, together with provision for exemption from, and waiver or reduction of, that feeU.K.

3.—(1) A fee of £80 is payable by a person requesting administrative review of—

(a)a single decision made—

(i)in respect of a connected application;

(ii)in respect of an unlinked application; or

(iii)to cancel leave to enter or leave to remain in the United Kingdom at the border;

(b)at least two decisions made—

(i)where one of those decisions is in respect of a connected application, and at least one other decision was in respect of a linked application;

(ii)where each of those decisions is in respect of two or more unlinked applications made on the same day; or

(iii)to cancel the leave to enter or leave to remain in the United Kingdom of a person and any of that person's dependants.

[F2(c)a decision to refuse to issue or renew, or to revoke, a frontier worker permit under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020.]

(2) In circumstances where administrative review is requested of at least two decisions in respect of at least two unlinked applications made on different days, a fee of £80 is payable in respect of each of those requests for administrative review.

(3) Notwithstanding sub-paragraphs (1) and (2), no fee is payable for administrative review of a decision—

(a)in respect of any application [F3for entry clearance to enter, leave to enter or leave to remain in the United Kingdom] [F4other than an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules,] [F5or an application to which sub-paragraph (3A) applies] where the person was exempt from paying the fee for the application, or the fee in respect of the application was waived;

[F6(aa)in respect of any application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules before 7.00 a.m. on 30th March 2019, where no fee was payable in respect of the application (except where the payment of the fee was waived under regulation 2(3) of the Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019);

(bb)in respect of any application for leave to remain in the United Kingdom made under that Appendix at or after 7.00 a.m. on 30th March 2019, where the application was made in respect of a person who, when the application was made, was a child and was being looked after by a local authority;]

(b)to cancel leave to enter or leave to remain in the United Kingdom where the person was exempt from paying the fee for the application which gave rise to the leave, or the fee in respect of that application was waived [F7, except where that application was an application to which sub-paragraph (3A) applies or an application for entry clearance to enter the United Kingdom under Appendix EU (Family Permit) to the immigration rules.]

[F8(3A) This sub-paragraph applies to an application for—

(a)leave to enter the United Kingdom under Appendix EU to the immigration rules,

(b)entry clearance to enter or limited leave to remain in the United Kingdom under Appendix S2 Healthcare Visitor to those rules, or

(c)entry clearance to enter the United Kingdom under Appendix Service Providers from Switzerland to those rules.]

(4) If the outcome of administrative review is that the decision under review is maintained, but for different or additional reasons, no fee is payable in respect of any request for administrative review of—

(a)the revised decision; or

(b)any subsequent decision made in relation to the application which gave rise to the decision under review.

(5) [F9Subject to sub-paragraphs (5A) and (5B),] the Secretary of State must refund the fee specified in sub-paragraph (1) or (2) if the outcome of administrative review is that the decision under review is withdrawn.

[F10(5A) F11... Sub-paragraph (5) does not apply where the decision under review—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)is withdrawn pursuant to paragraph AR(EU)2.1.(c) of Appendix AR (EU) to the immigration rules (decision found to be incorrect as a result of information or evidence that was not before the original decision-maker) and not also pursuant to paragraph AR(EU)2.1.(a) or (b) of that Appendix.]

[F13(5B) Sub-paragraph (5) also does not apply where the decision under review—

(a)was a decision to refuse to issue a frontier worker permit to a person under the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, or to revoke or refuse to renew a person’s frontier worker permit under those Regulations, and

(b)is withdrawn solely because information or evidence that was not before the original decision maker has been provided showing that the person qualifies for a frontier worker permit under those Regulations.]

(6) The Secretary of State may waive or reduce the fee specified in sub-paragraph (1) or (2).

Textual Amendments

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