Citation, commencement and extent

1.-(1) These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2016.

(2) Subject to paragraph (3) these Regulations come into force on 18th March 2016.

(3) Regulation 11 and Schedule 9 come into force on 6th April 2016.

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

(5) Regulations 1, 2, 11 and 13 to 15, and Schedule 9 extend to the Isle of Man, but only for the purpose of issuing entry clearance to enter the Isle of Man.

Interpretation

2.-(1) In these Regulations-

"the 1971 Act" means the Immigration Act 1971(4);

"the 1981 Act" means the British Nationality Act 1981(5);

"the 1982 Order" means the British Protectorates, Protected States and Protected Persons Order 1982(6);

"the 1999 Act" means the Immigration and Asylum Act 1999(7);

"the 2002 Act" means the Nationality, Immigration and Asylum Act 2002(8);

"the 2007 Act" means the UK Borders Act 2007(9);

"the 2008 Regulations" means the Immigration (Biometric Registration) Regulations 2008(10);

"the 2016 Order" means the Immigration and Nationality (Fees) Order 2016(11);

"administrative review" has the same meaning as provided in the immigration rules(12);

"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(13);

"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(14);

"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, 4 or 5 of Schedule 2 to, the 1981 Act(15);

"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(16);

"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(17);

"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 the 1981 Act(18);

"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(19);

"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;

"approval letter from a designated competent body" means–

"assistance by a local authority" means assistance, accommodation or maintenance provided by a local authority (or in Northern Ireland, an authority, which has the same meaning as provided in Article 2(2) of the Children (Northern Ireland) Order 1995(20)) under-

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

"certificate of registration or naturalisation" means a certificate of registration or naturalisation issued under the 1981 Act.

"certificate of sponsorship" 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;

"CESC national" means a person who is a national of a state which has ratified the European Social Charter, agreed by the Council of Europe at Turin on 18th October 1961(24);

"child" means a person under the age of 18;

"claim for asylum" means a claim for asylum within the meaning of section 94(1) of the 1999 Act(25);

"confirmation of acceptance for studies" means an authorisation issued 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 student;

"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(26);

"dependant" in respect of a person means-

"EC Association Agreement with Turkey" means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963(27);

"entry clearance"–

"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;

"Isle of Man immigration rules" means the rules made under section 3(2) of the 1971 Act as extended to the Isle of Man(30);

"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;

"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" means-

"premium services" means optional premium services in connection with immigration or nationality applications;

"private medical treatment" means treatment provided outside of the National Health Service and paid for by the applicant;

"process used to take a record of a person's biometric information" means the process, or combination of processes, to which a person may be required to submit in order to enable a record to be taken of that person's biometric information, where the person is required by regulations made under section 41 of the 1981 Act(31), section 126 of the 2002 Act(32) or section 5 of the 2007 Act(33) to provide such information for the purposes of an application or claim in connection with immigration or nationality;

"settlement" means, except in relation to Schedule 9 to these Regulations, being ordinarily resident in the United Kingdom without being subject under the immigration laws to any restriction on the period for which an individual may remain;

"shortage occupation certificate of sponsorship" means a certificate of sponsorship issued in respect of employment in an occupation listed in the Shortage Occupation List set out in Appendix K to the immigration rules;

"sponsor" means a sponsor under Part 6A of the immigration rules;

"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;

"Tier 1 (Entrepreneur) Migrant", "Tier 1 (Exceptional Talent) Migrant", "Tier 1 (General) Migrant", "Tier 1 (Graduate Entrepreneur) Migrant", "Tier 1 (Investor) Migrant", and "Tier 1 (Post-Study Work) Migrant"–

"Tier 2 Migrant", "Tier 2 (General) Migrant", "Tier 2 (Intra-Company Transfer) Long Term Staff Migrant", "Tier 2 (Intra-Company Transfer) Short Term Staff Migrant", "Tier 2 (Intra-Company Transfer) Graduate Trainee Migrant", "Tier 2 (Intra-Company Transfer) Skills Transfer Migrant", "Tier 2 (Minister of Religion) Migrant", and "Tier 2 (Sportsperson) Migrant"–

"Tier 4 Migrant" –

"Tier 5 Migrant", "Tier 5 (Temporary Worker) Migrant" and "Tier 5 (Youth Mobility) Temporary Migrant"–

"travel document" means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the United Kingdom, and is issued by the Home Office to persons who are either refugees or stateless, or cannot obtain or use a passport issued by their own country;

"User-Pays Application Centre" means an office at which applicants can access certain entry clearance, leave to enter or leave to remain services in connection with immigration or nationality;

"work permit holder" means a person holding an extant work permit granted under the work permit provisions formerly contained in the immigration rules(34).

(2) For the purposes of these Regulations a claim for asylum is to be taken to be determined on-

(a)the day on which the Secretary of State notifies the claimant of the decision on the claim;

(b)if the claimant has appealed against the Secretary of State's decision, the day on which the appeal is disposed of; or

(c)if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act(35) or section 2 of the Special Immigration Appeals Commission Act 1997(36) the day on which the appeal is disposed of.

Fees for applications, processes and services in connection with immigration and nationality

3.  Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) has effect to specify-

(a)the amount of the fees for-

(i)specified applications for entry clearance to enter the United Kingdom and variation of such leave for the purposes of article 4 of the 2016 Order(37);

(ii)specified applications for entry clearance to enter and leave to enter the United Kingdom and variation of such leave for the purposes of article 5 of the 2016 Order;

(iii)specified applications for a transit visit visa and an approval letter from a designated competent body for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fees referred to in sub-paragraph (a)(i) and (ii), and the circumstances in which such fees may be reduced or waived.

4.  Schedule 2 (applications for leave to remain in the United Kingdom) has effect to specify-

(a)the amount of the fees for-

(i)specified applications for leave to remain in the United Kingdom for the purposes of articles 4 and 5 of the 2016 Order;

(ii)applications for an approval letter from a designated competent body for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be reduced.

5.  Schedule 3 (documents and administration) has effect to specify-

(a)the amount of the fees for specified applications and requests for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced.

6.  Schedule 4 (sponsorship) has effect to specify the amount of the fees for specified applications, processes, services and premium services for sponsors in relation to sponsorship for the purposes of article 7 of the 2016 Order.

7.  Schedule 5 (consular functions) has effect to specify-

(a)the amount of fees for specified consular functions for the purposes of article 8 of the 2016 Order; and

(b)the circumstances in which such fees may be waived.

8.  Schedule 6 (premium services (in the United Kingdom)) has effect to specify-

(a)the amount of the fees for specified premium services offered in the United Kingdom for the purposes of article 9 of the 2016 Order; and

(b)the circumstances in which such fees may be waived or reduced.

9.  Schedule 7 (premium services (outside the United Kingdom)) has effect to specify-

(a)the amount of the fees for specified premium services offered outside the United Kingdom for the purposes of article 9 of the 2016 Order; and

(b)the circumstances in which such fees may be waived or reduced.

10.  Schedule 8 (nationality) has effect to specify-

(a)the amount of the fees for-

(i)specified applications, processes and services in connection with nationality for the purposes of article 10 of the 2016 Order;

(ii)specified applications for certain documents, specified applications for the review of certain applications, or the process of taking a record of an applicant's biometric information for the purposes of article 6 of the 2016 Order; and

(b)the circumstances in which the fee for arrangement of a citizenship ceremony must be refunded.

11.  Schedule 9 (applications for entry clearance to enter the Isle of Man) has effect to specify-

(a)the amount of the fees for specified applications for entry clearance to enter the Isle of Man for the purposes of article 4 and 5 of the 2016 Order; and

(b)an exception to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced.

12.  Schedule 10 (miscellaneous fees) has effect to specify-

(a)the amount of the fees for-

(i)the administration of the Life in the UK test, for the purpose of-

(aa)fee 3.2.1 in the table in article 6 of the 2016 Order; and

(bb)fee 7.5 and 7.6 in the table in article 10 of the 2016 Order;

(ii)an administrative review of a decision for the purpose of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fee referred to in (a)(ii), and the circumstances in which such a fee may be waived or reduced.

Rate of Exchange

13.  The rate of exchange for calculating the equivalents of fees set out in these Regulations but paid in a foreign currency must be based upon the rate of exchange which is generally prevailing on the date, and at the place, of payment but which may be adjusted by the Secretary of State (or a representative of the Secretary of State) in such a manner and to such an extent as that person considers expedient in the interests of administrative efficiency.

Consequences of failing to pay the specified fee

14.  Where these Regulations specify a fee which must accompany an application for the purposes of the 2016 Order, the application is not validly made unless it is accompanied by that fee.

Payments for in person applications

15.-(1) Where-

(a)an application is made in person; and

(b)the applicant pays the fee in relation to such an application prior to the date that the application is made,

the fee payable is that in relation to the relevant application on the date of payment.

(2) In this regulation, the date of payment means the date on which the payment is made by the applicant, unless it is made by post, in which case it means the date that the payment is posted.

Revocation and saving

16.-(1) Subject to paragraph (2), the Immigration and Nationality (Fees) Regulations 2015(38) are revoked.

(2) Notwithstanding this revocation, regulation 11 of, and Schedule 9 to, the Immigration and Nationality (Fees) Regulations 2015 continue to have effect.

Regulation 3

SCHEDULE 1APPLICATIONS FOR ENTRY CLEARANCE TO ENTER AND LEAVE TO ENTER THE UNITED KINGDOM

Interpretation

1.  In this Schedule-

"liable to immigration detention" means being liable to detention under-

"member of HM Forces" has the same meaning as in the immigration rules(39);

"present and settled" has the same meaning as in the immigration rules(40);

"short-term student" has the same meaning as in the immigration rules(41);

"short-term student (child)" means a short-term student who is aged under 18;

"visit visa" has the same meaning as in the immigration rules(42).

Fees for, and in connection with, applications for entry clearance to enter and leave to enter the United Kingdom

2.-(1) Table 1 specifies the amount of-

(a)the fees for the specified applications for entry clearance to enter or leave to enter the United Kingdom; and

(b)the fee for an application for an approval letter from a designated competent body.

(2) Table 2 specifies the amount of the fees for specified applications for entry clearance to enter the United Kingdom as the dependant of a main applicant.

(3) Table 3 specifies the amount of the fee for an application for indefinite leave to enter the United Kingdom as the dependant of a member of HM Forces.

(4) Table 4 provides for exceptions to the requirement to pay the fees specified in Tables 1, 2 and 3, and Table 5 provides for the waiver or reduction of fees specified in Tables 1, 2 and 3 in specified circumstances.

(5) Paragraph 3 makes provision for the amount of fees to be paid in respect of an application for entry clearance to enter the United Kingdom by a dependant of a main applicant in cases where the fees specified in 1.4.1 or 1.4.5 of Table 1, Table 2 or Table 3 do not apply.

(6) The fees specified in Table 1 are subject to paragraph 4 (Applications by CESC nationals).

Applications by dependants

3.  Except in respect of applications for which a fee is specified in 1.4.1 or 1.4.5 of Table 1 or Table 2 or Table 3, and subject to the exceptions and waivers set out in Tables 4 and 5, the fee for an application for entry clearance to enter or leave to enter the United Kingdom made by the dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 1 in respect of the main applicant's application.

Applications by CESC Nationals

4.-(1) Where an application for entry clearance to enter the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 1 is to be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for entry clearance to enter the United Kingdom as-

(a)a Tier 1 (Entrepreneur) Migrant;

(b)a Tier 1 (Exceptional Talent) Migrant;

(c)a Tier 1 (Graduate Entrepreneur) Migrant;

(d)a Tier 2 Migrant; or

(e)a Tier 5 (Temporary Worker) Migrant.

Regulation 4

SCHEDULE 2APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Interpretation

1.  In this Schedule-

"Article 3 or Refugee Convention application" means an application for leave to remain in the United Kingdom made on the basis that the applicant is-

"a competent authority" means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings(45);

"positive conclusive grounds decision" means a positive decision made by a competent authority that an individual is either a victim of human trafficking in the United Kingdom or a victim of slavery, servitude or forced or compulsory labour in England and Wales;

"specified human rights application" means an application for limited leave to remain in the United Kingdom under-

"Trafficking Convention reason" means a reason in line with the United Kingdom's obligations under the Council of Europe Convention on Action against Trafficking in Human Beings, namely that their stay in the United Kingdom is necessary(47):

Fees for, and in connection with, applications for leave to remain in the United Kingdom

2.-(1) Table 6 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom and the amount of the fee for an approval letter from a designated competent body.

(2) Table 7 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom as the dependant of a main applicant.

(3) Table 8 specifies the amount of the fees for the specified applications for indefinite leave to remain in the United Kingdom.

(4) Table 9 provides for exceptions to the requirement to pay the fees specified in Tables 6, 7 and 8.

(5) Paragraph 3 makes provision for the amount of the fees to be paid in respect of an application for leave to remain in the United Kingdom by a dependant of a main applicant, in cases where Table 7 does not apply.

(6) The fees specified in Table 6 are subject to paragraph 4 (Applications by CESC nationals), and the fees specified in Tables 6, 7 and 8 are subject to paragraph 5 (Multiple applications for leave to remain in the United Kingdom).

Applications by dependants

3.  Except in respect of applications for which a fee is specified in Table 7, and subject to the exceptions set out in Table 9, the fee for an application for leave to remain made by the dependant of a main applicant is the fee specified in Table 6 or 8 (as the case may be) in respect of the main applicant's application.

Applications made by CESC Nationals

4.-(1) Where an application for leave to remain in the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 6 is to be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for leave to remain in the United Kingdom as-

(a)a Tier 1 (Entrepreneur) Migrant;

(b)a Tier 1 (Exceptional Talent) Migrant;

(c)a Tier 1 (Graduate Entrepreneur) Migrant;

(d)a Tier 2 Migrant; or

(e)a Tier 5 (Temporary Worker) Migrant.

Multiple applications for leave to remain in the United Kingdom

5.-(1) Where two or more applications for leave to remain in the United Kingdom in respect of the same person-

(a)are made at the same time; or

(b)are being considered at the same time by the Secretary of State,

a fee is payable only in respect of one of those applications.

(2) The fee payable under sub-paragraph (1) must-

(a)be the higher, or the highest, of the fees specified in respect of those applications; or

(b)in any case where the fee specified for each application is the same, the fee for a single application.

Regulation 5

SCHEDULE 3DOCUMENTS AND ADMINISTRATION

Interpretation

1.  In this Schedule-

"the 2006 Regulations" means the Immigration (European Economic Area) Regulations 2006(51);

"Assisted Voluntary Return programme" means any arrangements made by the Secretary of State under section 58 of the 2002 Act(52);

"certificate of travel" means a travel document issued at the discretion of the Secretary of State to a person who has been granted-

"convention travel document" means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(53);

"Direct Airside Transit Visa" means a transit visa within the meaning of section 41(2) of the 1999 Act, authorising the holder to remain within an airport, without passing through immigration control, pending departure on another flight from the same airport;

"document of identity" means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;

"Electronic Visa Waiver" means a document authorising a person to travel to the United Kingdom for the purpose of entry to the United Kingdom where that person, in the absence of such a document, would require entry clearance in order to do so;

"immigration decision letter" means a letter or other document which records a decision in connection with immigration or nationality, but does not provide evidence of leave to enter or leave to remain in the United Kingdom;

"immigration employment document" means a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or leave to remain in the United Kingdom;

"stateless person's travel document" means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954(54);

"transfer of conditions" means the fixing of a stamp, sticker or other attachment on a passport or other document issued to an applicant which indicates that a person has been granted leave to enter or leave to remain in the United Kingdom.

Fees for documents

2.-(1) Table 10 specifies the amount of the fees for the specified applications and requests for and in connection with documents relating to immigration or nationality.

(2) Table 11 provides for exceptions to the requirement to pay the fees specified in Table 10 for applications for travel documents.

(3) Table 12 specifies the amount of the fees for the specified applications for biometric immigration documents and the process used to take a record of a person's biometric information.

(4) Table 13 provides for exceptions to the requirement to pay the fees specified in Table 12.

(5) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the specified fee.

Waiver in respect of the fee listed at 12.2.4

3.  The Secretary of State may waive or reduce the specified fee in 12.2.4.

Regulation 6

SCHEDULE 4SPONSORSHIP

Interpretation

1.  In this Schedule-

"premium services for sponsors" means the optional premium customer services offered by the Home Office to certain sponsors;

"small or charitable sponsor" means a sponsor that is-

"Tier" means the route, provided for in part 6A of the immigration rules, by which a person seeking leave to enter or remain in the United Kingdom as a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 Migrant applies for such entry clearance, leave to enter or leave to remain;

"Tier 4 Sponsor basic compliance assessment" means the check which a sponsor with Probationary Sponsor status must apply for in order to become registered as having full Tier 4 Sponsor status, or for which sponsors already registered with full Tier 4 Sponsor status must apply in order to maintain that registration(65).

Fees for applications for sponsor licences, certificates of sponsorship, confirmations of acceptance for studies and for premium services for sponsors

2.-(1) Table 14 specifies the amount of the fees for the specified applications for sponsor licences, for the issuing of certificates of sponsorship and confirmations of acceptance for studies, and for premium services for sponsors.

(2) Table 15 specifies the amount of fees for other specified applications and processes in connection with sponsorship.

Fees for other applications in connection with sponsorship

3.-(1) Where a person holding an existing valid sponsor licence applies to add an additional Tier or additional Tiers to that licence, the fee payable is the sum equivalent to the difference (if any) between the fee already paid for the licence, and the highest fee chargeable in respect of a licence for any of the additional Tiers applied for.

(2) If the fee already paid is equal to or greater than that chargeable in respect of a licence for each additional Tier applied for, no further fee is payable.

(3) Where a person holding an existing valid sponsor licence applies for a separate licence, the fee payable is the full fee chargeable in respect of a licence for the relevant Tier.

Regulation 7

SCHEDULE 5CONSULAR FUNCTIONS

Interpretation

1.  In this Schedule-

"the 1968 Act" means the Consular Relations Act 1968(66);

"consular employee" has the same meaning as provided in Article 1(1)(e) of the Vienna Convention;

"consular function" means any of the functions described in Article 5 of the Vienna Convention set out in Schedule 1 to the 1968 Act or functions in the United Kingdom which correspond with those functions;

"consular officer" has the same meaning as provided in Article 1(1)(d) of the Vienna Convention;

"consular post" has the same meaning as provided in Article 1(1)(a) of the Vienna Convention;

"consular premises" has the same meaning as provided in Article 1(1)(j) of the Vienna Convention;

"supporting documents" means any letter, certificate, declaration or other document which may be required by an authority in any country or territory in connection with an application;

"Vienna Convention" means the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;

"visa" includes an entry certificate, entry permit or other document which is to be taken as evidence of a person's eligibility for entry into a country or territory (other than a work permit).

Fees for the exercise of consular functions in connection with immigration and nationality

2.-(1) Table 16 specifies the amount of the fees for the exercise of the specified consular functions.

(2) The fees in Table 16 are subject to paragraph 3 (charges for travel time when services are provided away from consular premises) and paragraph 4 (discretion to waive fees for the services of consular officers or employees).

Charges for travel time when services are provided away from consular premises.

3.  For the purposes of calculation of the fee specified in fee 16.1.1 in Table 16, the hours or part hours during which the services of consular officers or consular employees are provided includes travel time where those services are provided away from the consular premises.

Discretion to waive fees for the services of consular officers or employees

4.  The official responsible for determining whether the services of consular officers or employees should be provided may waive the payment of the fee specified for such services in Table 16 where the official considers it is appropriate to do so in the particular circumstances of the case.

Regulation 8

SCHEDULE 6PREMIUM SERVICES (IN THE UNITED KINGDOM)

Interpretation

1.  In this Schedule-

"Administrative Officer", "Executive Officer" and "Higher Executive Officer" mean civil servants of those respective grades;

"mobile premium service centre arrangements" means those arrangements that the Home Office enters into to attend at a mutually convenient location for processing applications for leave to remain;

"online application" means an application made via the public website known as www.gov.uk;

"premium immigration status checking service" means the real time checking service which allows organisations to confirm an individual's immigration status with a view to determining whether the individual is entitled to certain goods, services, benefits or support, or entitled to goods or services free of charge;

"Registered Traveller service" means the discretionary service offered by the Home Office enabling the expedited entry of persons registered on the scheme into the United Kingdom or the transit of such persons through the United Kingdom;

"super premium service" means the super premium service for processing applications for leave to remain in the United Kingdom offered by the Home Office.

Fees for the provision of certain premium services in the United Kingdom, including the expedition of immigration or nationality applications

2.-(1) Table 17 specifies the amount of the fees for the provision of the specified premium services in the United Kingdom.

(2) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 17.

Waiver or reduction of fees specified in Table 17

3.  The Secretary of State may waive or reduce any fee in respect of an application, request or service specified in Table 17.

Regulation 9

SCHEDULE 7PREMIUM SERVICES (OUTSIDE THE UNITED KINGDOM)

Interpretation

1.  In this Schedule-

"international contact centre service" means the service by which advice and assistance in relation to immigration or nationality applications is provided to applicants outside the United Kingdom;

"priority settlement service" means the optional priority service offered to applicants outside the United Kingdom, by which applications for entry clearance other than for the purposes of work or study, or for a visit visa, are processed on an expedited basis;

"priority visa service" means the optional priority service offered to applicants outside the United Kingdom, by which applications for entry clearance to enter the United Kingdom for the purposes of work or study, or for a visit visa, are processed on an expedited basis;

"super priority visa service" means the optional priority service offered to applicants outside the United Kingdom, by which it is aimed to process relevant applications for entry clearance to enter the United Kingdom within 24 hours of receipt of the application;

"web-chat facility" means the facility enabling applicants to communicate directly with an advisor through the international contact centre service, via the internet.

Fees for the submission and processing of immigration and nationality applications outside the United Kingdom, together with fees for connected services

2.-(1) Table 18 specifies the amount of fees for the provision of the specified premium services outside the United Kingdom.

(2) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 18.

Waiver or reduction in respect of the fees listed in Table 18

3.  The Secretary of State may waive or reduce any fee in respect of a service specified in Table 18.

Regulation 10

SCHEDULE 8NATIONALITY

Interpretation

1.-(1) In this Schedule-

"the 1997 Act" means the British Nationality (Hong Kong) Act 1997(69);

"certificate of entitlement" has the same meaning as provided for in section 33(1) of the 1971 Act(70).

(2) In this Schedule, subject to regulation 14 of these Regulations, 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.

Fees for applications relating to nationality

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

3.  The fees specified in Table 20 are subject to paragraph 4 (Multiple declarations of renunciation of British citizenship).

Multiple declarations of renunciation of British citizenship

4.  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 ceremony

5.-(1) The specified fee for the arrangement of a citizenship ceremony is fee 20.4.1 in Table 20 and is payable by the person who is required by section 42 of the 1981 Act(75) 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.

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

6.  Where the fee specified in fee 20.4.1 in Table 20 for the arrangement of a citizenship ceremony is paid in accordance with paragraph 5 it must be refunded where-

(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.

Regulation 11

SCHEDULE 9APPLICATIONS FOR ENTRY CLEARANCE TO ENTER THE ISLE OF MAN

Interpretation

1.  In this Schedule -

"present and settled" has the same meaning as in the Isle of Man immigration rules(76);

"settlement" means being ordinarily resident in the Isle of Man without being subject under the immigration laws to any restriction on the period for which an individual may remain;

"visit visa" has the same meaning as in the Isle of Man immigration rules(77).

Fees for, and in connection with, applications for entry clearance to enter the Isle of Man

2.-(1) Table 21 specifies the amount of the fees for specified applications for entry clearance to enter the Isle of Man.

(2) Table 22 specifies the amount of the fees for specified applications for entry clearance to enter the Isle of Man by the dependant of a main applicant.

(3) Table 23 provides an exception from the fees specified in Tables 21 and 22 in a specified circumstance and Table 24 provides for the waiver or reduction of fees specified in Tables 21 and 22 in specified circumstances.

(4) Paragraph 3 makes provision for the amount of fees to be paid in respect of an application for entry clearance to enter the Isle of Man by the dependant of a main applicant in circumstances where the fees specified in 21.3.3 of Table 21 or Table 22 do not apply.

(5) Table 21 is subject to paragraph 4 (Applications by CESC nationals).

Applications by dependants

3.  Except in respect of applications for which a fee is specified in 21.3.3 of Table 21, or contained in Table 22, and subject to the exceptions and waivers set out in Tables 23 and 24, the fee for an application for entry clearance to enter the Isle of Man made by the dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 21 in respect of the main applicant's application.

Applications by CESC Nationals

4.-(1) Where an application for entry clearance to enter the Isle of Man of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 21 is to be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for entry clearance to enter the Isle of Man as-

(a)a Tier 1 (Entrepreneur) Migrant;

(b)a Tier 1 (Exceptional Talent) Migrant;

(c)a Tier 1 (Graduate Entrepreneur) Migrant;

(d)a Tier 2 Migrant; or

(e)a Tier 5 (Temporary Worker) Migrant.

Regulation 12

SCHEDULE 10MISCELLANEOUS FEES

1.  In this Schedule "Life in the UK Test" means the test referred to as the Life in the UK Test in Appendix KoLL to the immigration rules and regulation 5A of the British Nationality (General) Regulations 2003(78);

Fee for the administration of the Life in the UK Test

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 fee

3.-(1) Subject to sub-paragraphs (2) to (5), a fee of £80 is payable by an applicant requesting administrative review of-

(a)a single decision; or

(b)two (or more) decisions relating to linked applications or claims made by a main applicant and a dependant (or dependants) of that person.

(2) No fee is payable for the administrative review of a decision if the applicant was exempt from payment of the fee for the application or claim to which that decision related (the "connected application"), or if the fee for the connected application was waived.

(3) If the outcome of the administrative review is that the decision in relation to the connected application is maintained, but for different or additional reasons to those specified in the decision under review, no fee is payable in respect of any request for administrative review of the revised decision, or of any subsequent decision made in relation to the connected application.

(4) The Secretary of State must refund the fee specified in sub-paragraph (1) if the outcome of the administrative review is that the decision in relation to the connected application is withdrawn.

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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations specify fees relating to immigration, nationality and associated functions. They are made further to the Immigration and Nationality (Fees) Order 2016 (S.I. 2016/177), which sets out the functions in connection with immigration and nationality for which the Secretary of State may charge a fee, and the maximum amount that can be charged for each of these functions.

These Regulations specify fees relating to applications for entry clearance and leave to enter the United Kingdom, and for limited and indefinite leave to remain in the United Kingdom. They specify fees for applications for documents relating to immigration, including for a transfer of conditions, documents relating to employment, travel documents (other than passports), transit visas, documents issued pursuant to the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), certificates of entitlement to the right of abode, documents recording biometric information, and, in relation to the latter, for the process by which such information is captured.

These Regulations also include fees for applications for entry clearance or leave to remain made under the Points-Based System set out in Part 6A of the immigration rules and for sponsor licenses, premium customer services for sponsors and for applications for sponsor licences and connected applications and processes, including the issuing of an action plan. They also specify the fees for various consular functions, including the receiving, processing and forwarding of documents, and for optional premium services and processes offered either in the UK or to applicants overseas. These include the expedited processing of applications, the provision of services outside office hours, and the provision of services at a location other than offices of the Home Office or consular premises overseas. They also include fees for the passport pass-back service and the international contact centre advice and support service (both offered to applicants overseas) and for the registered travellers scheme (by which members of that scheme are offered expedited transit through the UK border).

These Regulations specify fees for applications, services and processes in connection with nationality, including the arrangement of citizenship ceremonies, the administration of citizenship oaths, the supply of certified copies, the amendment of certificates of registration or naturalisation as a British citizen and the reconsideration of applications for registration or naturalisation as a British citizen. They also specify fees for applications for entry clearance to the Isle of Man, and finally, they specify the fee for the administration of the ‘Life in the UK' test and for the administrative review of an immigration or nationality decision.

A full impact assessment estimating the effect that this instrument will have on the costs of business and the voluntary sector was published alongside the Immigration and Nationality (Fees) Order 2016 and is available alongside the instrument at www.legislation.gov.uk.