1. These Regulations may be cited as the Immigration (Leave to Remain) (Fees) Regulations 2003 and shall come into force on 1st August 2003.

2. In these Regulations:

“application” means an application for—

“dependant”, of a person, means—

of that person;

“immigration employment document” has the same meaning as in section 122 of the Nationality, Immigration and Asylum Act 2002( 2 );

“immigration rules” has the same meaning as in section 33(1) of the Immigration Act 1971( 3 ); and

“the 1999 Act” means the Immigration and Asylum Act 1999.

3. Subject to section 5(3)(a) of the 1999 Act and regulations 4 and 5 below, the fee to be paid in connection with an application shall be—

(a) £250 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or

(b) £155 for an application made by post.

4. Where an application is made by an applicant in respect of himself and one or more of his dependants, a single fee is payable in connection with that application.

5. No fee shall be payable in connection with an application falling within paragraph (a) or (b) of the definition of “application” in regulation 2 above in any of the following circumstances—

(a) the application is made under the terms of a European Community Association Agreement;

(b) the application is made in respect of a person seeking leave to remain in the United Kingdom as a highly skilled migrant under the immigration rules;

(c) the application is made in respect of a person seeking leave to remain in the United Kingdom as a seasonal agricultural worker under the immigration rules;

(d) the application is made in respect of a person seeking leave to remain in the United Kingdom for work permit employment under the immigration rules, where, at the time of making the application, the applicant—

(i) holds a valid immigration employment document, or

(ii) is also making an application for an immigration employment document; or

(e) the application is made in respect of a person seeking indefinite leave to remain in the United Kingdom on grounds of domestic violence under the immigration rules where, at the time of making the application, the applicant appears to the Secretary of State to be destitute.

6. For the purposes of section 5(3)(a)(ii) of the 1999 Act, a “dependant” of a person making a claim for asylum means—

(a) the spouse or unmarried partner, or

(b) a child under the age of eighteen,

of such a person.