Citation and Commencement

1. These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 3) Regulations 2008.

2. —(1) Subject to paragraph (2), these Regulations shall come into force on 27th November 2008.

(2) Regulation 3(3) and regulation 3(4), in so far as it inserts a new Regulation 10A(1)(c), shall come into force on 1st February 2009.

3. —(1)The Immigration and Nationality (Cost Recovery Fees) Regulations 2007( 2 ) shall be amended as follows.

(2) In regulation 3 (fees for leave to remain applications), for paragraph (2), substitute—

“ (2) The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom—

(a) for work permit employment;

(b) for the purposes of employment under the Sectors-Based Scheme;

(c) for Home Office approved training;

(d) as a seasonal agricultural worker;

(e) of a kind identified as requiring to be considered under a “Points Based System”;

(f) as a retired person of independent means; or

(g) as a sole representative,

under the immigration rules. ” .

(3) In regulation 4 (fees for leave to remain applications)—

(a) in paragraph (1)—

(i) after sub-paragraph (d), omit “or”; and

(ii) after sub-paragraph (e) insert—

“ ;or

(f) as a Tier 4 migrant, ” and

(b) in paragraph (2)(a), after “Home Office”, insert “where applicable”.

(4) For regulation 10A (fees for entry clearance) substitute—

“ 10A. —(1) In the case of an application to which article 3(2)(aa) of the 2007 Order applies,

(a) subject to sub-paragraph (b), where the application is for entry clearance as a visitor under the immigration rules for a period of—

(i) twelve months or less in the case of an academic visitor, or

(ii) six months or less in the case of a visitor other than an academic visitor,

the fee is £65;

(b) the fee referred to at sub-paragraph (a) will be reduced to £45 where the Secretary of State decides that the application is one to which the operation of a scheme for such a reduced fee applies;

(c) where the application is for entry clearance as a Tier 4 migrant, the fee is £99;

(d) subject to sub-paragraph (e), where the application is for entry clearance as a Tier 5 migrant, the fee is £99;

(e) where the application is for entry clearance as a Tier 5 (Temporary Worker) migrant and is in respect of a person who is a national of a state that has ratified the Council of Europe Social Charter, the fee is £90;

(f) where the application is for entry clearance as a student under the immigration rules, the fee is £99;

(g) where the application is for entry clearance for passing through the United Kingdom, the fee is £45.

(2) This regulation is subject to regulations 10B and 10C. ”

(5) In regulation 10B (exceptions and waivers in respect of fees for entry clearance applications)—

(a) after sub-paragraph (b), insert “or”; and

(b) omit sub-paragraph (d) and the “or” before it.

(6) For regulation 16, substitute—

“ 16. Where an application to which these Regulations refer is to be accompanied by a specified fee, the application will not be considered to have been validly made unless it has been accompanied by that fee. ” .