Citation, commencement and extent

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2018.

(2) These Regulations come into force on 6th April 2018.

(3) Subject to paragraphs (4) to (6), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) This regulation and regulations 2, 11, [^F113A,^F1][^F2 13B, 13C, 13D,^F2] 15 and 17 and Schedule 9 also extend to the Isle of Man, but only for the purpose of issuing entry clearance to enter the Isle of Man.

(5) This regulation and regulations 2, 12, [^F313A,^F3][^F4 13B, 13C, 13D,^F4] 15 and 17 and Schedule 10 also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only for the purpose of issuing entry clearance to enter the bailiwick concerned.

(6) Paragraphs (a) and (b) of regulation 18 have the same extent as the instruments which they revoke.

Interpretation

2. In these Regulations—

^M3 “ the 1971 Act ” means the Immigration Act 1971 ;

^M4 “ the 1981 Act ” means the British Nationality Act 1981 ;

^M5 “ the 1982 Order ” means the British Protectorates, Protected States and Protected Persons Order 1982 ;

^M6 “ the 1999 Act ” means the Immigration and Asylum Act 1999 ;

^M7 “ the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;

^M8 “ the 2007 Act ” means the UK Borders Act 2007 ;

^M9 “ the 2008 Regulations ” means the Immigration (Biometric Registration) Regulations 2008 ;

“ the 2016 Order ” means the Immigration and Nationality (Fees) Order 2016 ;

[^F5 “administrative review” means administrative review under Appendix AR or Appendix AR (EU) to the immigration rules [^F6 or under Part 5 of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 ^F6] ; ^F5]

“approval letter from a designated competent body”—

[^F9 “approval letter from an endorsing body” means a letter from an endorsing body, within the meaning given by paragraph 6 of the immigration rules, endorsing a proposed application [^F10 from an individual or a business for—

“ being looked after by a local authority ” means being looked after by a local authority (or in Northern Ireland, an authority) under—

^M15 “ biometric immigration document ” has the same meaning as provided in section 5 of the 2007 Act ;

“certificate of sponsorship”—

^F13...

“ child ” means a person under the age of 18;

“ 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;

^M16 “ Convention rights ” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 ;

“dependant” in respect of a person (“P”) means—

^M17 “ EC Association Agreement with Turkey ” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963 ;

“entry clearance”—

[^F14 “Global Talent Migrant” has the meaning given by paragraph 6 of the immigration rules; ^F14]

“ immigration rules ” means the rules made under section 3(2) of the 1971 Act;

[^F15 “ 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; ^F15]

“ indefinite leave ” has the same meaning as provided in section 33(1) of the 1971 Act;

[^F16 “ Innovator Founder ” has the meaning given by paragraph 6 of the immigration rules; ^F16]

^M22 “ Isle of Man immigration rules ” means the rules made under section 3(2) of the 1971 Act as that section extends to the Isle of Man ;

“ 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;

[^F17 “ legacy endorsing body ” means an organisation which had previously been approved by the Home Office to endorse an individual or business in connection with an application under the Innovator or Start-up routes but which is not permitted to endorse a new individual or business under the Innovator Founder route; ^F17]

^M23 “ Life in the UK Test ” means the test referred to as the Life in the UK Test in Appendix KoLL [^F18 and Appendix KOL UK ^F18] to the immigration rules and regulation 5A of the British Nationality (General) Regulations 2003 ;

“ 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;

[^F19 “ overseas qualification ” means a qualification awarded by a body located outside the United Kingdom; ^F19]

“Points-Based System”—

[^F22 “premium services” means optional premium services in connection with immigration or nationality; ^F22]

[^F23 “ priority service ” means the optional premium service offered to applicants under which an application in connection with immigration and nationality or any part of such an application is processed on an expedited basis; ^F23]

“private medical treatment”—

[^F24 “ qualifications assessor ” means a body approved by the Secretary of State to carry out assessments of overseas qualifications; ^F24]

[^F24 “ recognised appropriate language level of overseas qualification ” means an assessment by a qualifications assessor of an overseas qualification to determine whether that qualification was taught or researched in English at the appropriate Common European Framework of Reference for Languages level, or above that level; ^F24]

[^F24 “ recognised standard of overseas qualification ” means an assessment by a qualifications assessor of an overseas qualification to determine whether that qualification meets or exceeds the recognised standard of a Bachelor’s degree, Master’s degree or PhD in the United Kingdom; ^F24]

^F25...

^F25...

^F26...

“sponsor”—

[^F29 “ 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; ^F29]

“ 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;

“sponsored worker”—

[^F32 “Start-up Migrant”—

^F35...

[^F23 “ super priority service ” means the optional priority service offered to applicants by which it is aimed to process relevant applications within a period shorter than that within which it is aimed to process applications under the priority service; ^F23]

^F36,F38 “Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”... [^F37 and ^F37] , “Tier 1 (Investor) Migrant”...—

[^F39 “ Tier 1 (Graduate Entrepreneur) Migrant ” has the meaning given by paragraph 6 of the Isle of Man immigration rules; ^F39]

^F40...

^F42...

“Tier 4 Migrant”—

“Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant”—

^F47...

“ travel document ” means a document which—

“ User-Pays Application Centre ” means an office at which applicants can access—

“visit visa”—

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 for the purposes of article 4 of the 2016 Order;

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

(iii)^F49specified applications for ... an approval letter from [^F50an endorsing body^F50] for the purposes of article 6 of the 2016 Order; and

(b)^F51exceptions to the requirement to pay fees referred to in paragraph (a), and ... circumstances in which such fees may be waived or reduced.

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 [^F52an endorsing body^F52] for the purposes of article 6 of the 2016 Order; and

(b)^F53exceptions to the requirement to pay fees referred to in paragraph (a), and ...circumstances in which such fees may be waived or 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)^F54exceptions to the requirement to pay fees referred to in paragraph (a), and ... 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)^F55... circumstances in which such fees may be waived.

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

(a)^M24the 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)^F56... 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)^F57... 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;

[^F58 (ii)specified applications for certain documents and specified applications for the review of certain applications, for the purposes of article 6 of the 2016 Order;^F58]

[^F59 (aa)exceptions to the requirements to pay specified fees referred to in paragraph (a);^F59]

(b)the circumstances in which the fee for arrangement of a citizenship ceremony must be refunded [^F60; and

[^F61 (c)circumstances in which specified fees referred to in paragraph (a) may be waived.^F61,F60]]

11. Schedule 9 (applications relating to entry clearance to enter the Isle of Man and premium services) has effect to specify—

(a)^M25the amount of the fees for specified applications for entry clearance to enter the Isle of Man, and for an approval letter from a designated competent body, for the purposes of articles 4, 5 [^F62, 5A and 5C^F62] of the 2016 Order ;

(b)[^F63 exceptions to the requirement to pay specified fees^F63] referred to in paragraph (a);

(c)^M26the amount of the fees for specified premium services offered outside the United Kingdom and the Isle of Man for the purposes of article 9A of the 2016 Order as it relates to the Isle of Man; and

(d)^F64... circumstances in which fees mentioned in paragraph (a) or (c) may be waived or reduced.

12. Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) has effect to specify—

(a)^M27the amount of the fees for specified applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey for the purposes of articles 4 [^F65, 5 and 5C^F65] of the 2016 Order ;

(b)the amount of the fees for specified premium services offered outside the United Kingdom and the Bailiwick of Guernsey or the Bailiwick of Jersey (as the case may be) for the purposes of article 9A of the 2016 Order as it relates to the Bailiwick of Guernsey and the Bailiwick of Jersey; and

(c)^F66... circumstances in which fees mentioned in paragraphs (a) and (b) may be waived or reduced.

13. Schedule 11 (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 fee 3.2.1 in the table in article 6 of the 2016 Order;

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

(b)^F67exceptions to the requirement to pay the fee referred to in (a)(ii), and ... circumstances in which such a fee may be waived or reduced.

[^F68Windrush Scheme: power to waive fees

13A. The Secretary of State may waive any fee specified in these Regulations which would otherwise be payable by a person for or in connection with an application made under the Windrush Scheme.^F68]

[^F69Power to waive fees: exceptional circumstances affecting a number of individuals

13B.—(1) Paragraph (2) applies where the Secretary of State considers that—

(a)there are exceptional circumstances significantly affecting a number of individuals who are in the same or a similar situation, and

(b)those circumstances are beyond the control of those individuals.

(2) Where the Secretary of State considers it appropriate to do so because of the effect of those circumstances on those individuals, the Secretary of State may decide, in relation to every one of those individuals, to waive the payment by them of any fee specified by these Regulations in respect of any particular description of application, request, process or service.

(3) The Secretary of State’s power under paragraph (2) is in addition to, and does not limit, the Secretary of State’s other powers under these Regulations to waive the payment of fees.

Power to waive fees in consequence of a decision of a court or tribunal

13C.—(1) The Secretary of State may waive the payment of any fee specified in these Regulations where the Secretary of State considers it appropriate to do so in consequence of a decision of any court or tribunal in the United Kingdom.

(2) The Secretary of State’s power under paragraph (1) is in addition to, and does not limit, the Secretary of State’s other powers under these Regulations to waive the payment of fees.

General power to refund fees

13D. The Secretary of State may refund any fee, or any part of a fee, paid under these Regulations.^F69]

Amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011

^M2814. Schedule 12 (amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011) has effect.

Rate of exchange

^M29 15. Where a person seeks to pay any fee specified in these Regulations in a currency other than sterling (“the foreign currency”), the fee payable in the foreign currency is determined by reference to the Home Office Exchange Rate Policy on the date that the payment is made.

Consequences of failing to pay the specified fee for an application

16.—(1) Where a person is required to pay a fee specified in these Regulations for an application, but fails to pay that fee, the Secretary of State may—

(a)reject the application as invalid; or

(b)request the person to pay the outstanding amount.

(2) Where paragraph (1)(b) applies—

(a)the person must pay the outstanding amount within 10 working days beginning with the day on which the request for payment was made;

(b)if the outstanding amount is not paid within the period mentioned in sub-paragraph (a), the Secretary of State must reject the application as invalid.

(3) The period of 10 working days referred to in paragraph (2)(a) begins—

(a)where the request for payment is made in writing, on the day that the request is sent;

(b)where the request is made by telephone or in person, on the day that the request is made.

Payments for in person applications

17.—(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.

Revocations

18. The following are revoked—

(a)^M30the Immigration and Nationality (Fees) Regulations 2017 except regulation 14 of, and paragraph 1(1) and (3) of Schedule 12 to, those Regulations;

(b)^M31the Immigration and Nationality (Fees) (Amendment) Regulations 2017 .

Regulation 3

SCHEDULE 1 APPLICATIONS FOR ENTRY CLEARANCE TO ENTER, AND LEAVE TO ENTER, THE UNITED KINGDOM _cross-notes

Interpretation

1.[^F70—(1)^F70] In this Schedule—

[^F71 “ 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; ^F71]

“ liable to immigration detention ” means being liable to detention under—

[^F72 “ member of HM Armed Forces ” means a person described in paragraph AF 3.1 of Appendix HM Armed Forces of the immigration rules; ^F72]

^F73...

“ present and settled ” has the meaning given by paragraph 6 of the immigration rules;

^F74...

^F74...

[^F75 (2) In this Schedule, a reference to an application for entry clearance under an Appendix to the immigration rules being for entry clearance—

(a)as the dependant partner or dependant child [^F76 , or the dependent partner or dependent child,^F76] of a particular description of person, or

(b)as a dependant partner or dependant child [^F77 or a dependent partner or dependent child^F77] , or any other description of dependant, on a particular route under that Appendix,

is to be construed in accordance with the Appendix in question.^F75]

[^F78 (3) For the purposes of sub-paragraph (2) there is to be regarded as being no difference between—

(a) the expressions “dependant partner” and “dependent partner”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other, or

(b) the expressions “dependant child” and “dependent child”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other. ^F78]

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)[^F79 the fees for the specified applications^F79] for an approval letter from [^F80an endorsing body^F80] .

(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 [^F81entry clearance and^F81] indefinite leave to enter the United Kingdom as the dependant of [^F82an HM Armed Forces service leaver or a member of HM Armed Forces^F82] .

(4) Table 4 provides for exceptions to the requirement to pay 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 [^F83(and see paragraph 3A)^F83] .

(5) Paragraph 3 makes provision for the amount of fees to be paid in respect of an application for entry clearance to enter or leave to enter the United Kingdom by a dependant of a main applicant in cases where the fees specified in [^F841.3C.1, 1.3C.2,^F84] 1.4.1 or 1.4.5 of Table 1 or in Table 2 or Table 3 do not apply.

[^F85 (5A) Paragraph 3A provides for the reduction in specified circumstances of fees for applications for entry clearance to enter the United Kingdom [^F86 under Appendix Skilled Worker to the immigration rules^F86] .^F85]

^F87(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Each of the fees specified in 1.1.2 to 1.1.4 and 1.1.8 in Table 1 is calculated by reference to an annual rate.

(8) The annual rate referred to in sub-paragraph (7) for each of the fees in question is determined by dividing the amount of the fee by the number of years to which the application relates.

[^F173Applications by dependants

3.—(1) 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 is—

(a)where the dependant’s application is not made at the same time as the main applicant’s application, the fee paid by the main applicant under Table 1 in respect of their last application for limited leave to remain in the United Kingdom which was made before the dependant’s application;

(b)in any other case, the fee specified in Table 1 in respect of the main applicant’s application.

(2) Sub-paragraph (1) does not apply in respect of applications for which a fee is specified in—

(a)1.3C.1, 1.3C.2, 1.4.1 or 1.4.5 of Table 1;

(b)Table 2; or

(c)Table 3.

(3) The fee payable in accordance with sub-paragraph (1) is subject to—

(a)the exceptions and waivers set out in Tables 4 and 5; and

(b)paragraph 3A.^F173]

[^F174Reduction of fees for Health and Care Visa applications and related applications by dependants

3A.—(1) In this paragraph—

a “Health and Care Visa application” means an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where the certificate of sponsorship issued [^F175 , or the approval under Sponsor a Worker given, ^F175] in respect of the application confirms the applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance;

a “relevant dependant’s application” means an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker where—

(2) In the case of a Health and Care Visa application, the fee under 1.3.6A, 1.3.6B, 1.3.6C or 1.3.6D of Table 1 payable in respect of an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules is to be reduced—

(a)by [^F176 £465^F176] , where it is the fee specified by 1.3.6A of that Table;

(b)by [^F177 £929^F177] , where it is the fee specified by 1.3.6B of that Table;

[^F178 (c)by [^F179 £286^F179] , where it is the fee specified by 1.3.6C of that Table;

(d)by [^F180 £570^F180] , where it is the fee specified by 1.3.6D of that Table.^F178]

(3) In the case of a relevant dependant’s application where the application by the main applicant was made at or after 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a)by [^F181 £465^F181] , where it is the fee specified by 1.3.6A of that Table;

(b)by [^F182 £929^F182] , where it is the fee specified by 1.3.6B of that Table;

[^F183 (c)by [^F184 £286^F184] , where it is the fee specified by 1.3.6C of that Table;

(d)by [^F185 £570^F185] , where it is the fee specified by 1.3.6D of that Table.^F183]

(4) In the case of a relevant dependant’s application where the application by the main applicant was made before 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for entry clearance to enter the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a)by [^F186 £465^F186] , where it is the fee specified by 1.3.7 of Table 1 as it continues to have effect by virtue of regulation 14(1) of the Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020;

(b)by [^F187 £929^F187] , where it is the fee specified by 1.3.8 of that Table as it continues to have effect by virtue of that regulation;

[^F188 (c)by [^F189 £286^F189] , where it is the fee specified by 1.3.9 of that Table as it continues to have effect by virtue of that regulation (and as modified by paragraph 2(4) of Schedule 2 to the Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022);

(d)by [^F190 £570^F190] , where it is the fee specified by 1.3.10 of that Table as it continues to have effect by virtue of that regulation (and as modified by paragraph 2(5) of Schedule 2 to Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022.^F188]

(5) In sub-paragraph (1)—

(a) the references to “the Health and Care Visa Guidance” are references to the document entitled “Health and Care Visa Guidance” published by the Home Office;

(b) the reference to “the Tier 2 Policy Guidance” is a reference to the document entitled “Tier 2 of the Points-Based System – Policy Guidance” published by the Home Office. ^F174]

Applications by CESC Nationals

^F1914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation 4

SCHEDULE 2 APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM _cross-notes

Interpretation

1.—(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—

^M36 “ claim for asylum ” has the meaning given by section 94(1) of the 1999 Act ;

^F195...

“ specified human rights application ” means an application for limited leave to remain in the United Kingdom under—

^F195...

^F195...

(2) For the purposes of this Schedule a claim for asylum is 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)^M38,M39if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act or section 2 of the Special Immigration Appeals Commission Act 1997 , the day on which the appeal is disposed of.

[^F202 (2A) In this Schedule, a reference to an application for limited leave to remain under an Appendix to the immigration rules being for limited leave to remain—

(a)as the dependant partner or dependant child [^F203 , or the dependent partner or dependent child,^F203] of a particular description of person, or

(b)as a dependant partner or dependant child [^F204 or a dependent partner or dependent child^F204] , or any other description of dependant, on a particular route under that Appendix,

is to be construed in accordance with the Appendix in question.^F202]

[^F205 (3) For the purposes of sub-paragraph (2A) there is to be regarded as being no difference between—

(a) the expressions “dependant partner” and “dependent partner”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other, or

(b) the expressions “dependant child” and “dependent child”, where the reference in this Schedule uses one of those expressions and the Appendix in question uses the other. ^F205]

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 [^F206the fees for the specified applications for an approval letter from an endorsing body in respect of an application for limited leave to remain in the United Kingdom^F206] .

(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.

^F207(3) Table 8 specifies the amount of the fee for an application for indefinite leave to remain in the United Kingdom ... [^F208and the amount of the fee for an application for an approval letter from an endorsing body in respect of a specified application for indefinite leave to remain in the United Kingdom^F208] .

^F209(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Table 9 provides for exceptions to and waivers of the requirement to pay certain fees specified in Tables 6, 7 [^F210and 8^F210] .

(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 [^F211where the fees specified in 6.2C.1 or 6.2C.2 of Table 6 or in Table 7 do not apply^F211] .

[^F212 (5A) Paragraph 3A provides for the reduction in specified circumstances of fees for applications for limited leave to remain in the United Kingdom [^F213 under Appendix Skilled Worker to the immigration rules^F213] .^F212]

^F214(6) ... The fees specified in Tables 6, 7 [^F215and 8^F215] are subject to paragraph 5 (variation of an application for leave to remain in the United Kingdom).

[^F304Applications by dependants

3.—(1) The fee for an application for leave to remain in the United Kingdom made by the dependant of a main applicant is—

(a)where the dependant’s application is not made at the same time as the main applicant’s application, the fee paid by the main applicant under Table 6 or 8 (as the case may be) in respect of their last application for limited leave to remain in the United Kingdom which was made before the dependant’s application;

(b)in any other case, the fee specified in Table 6 or 8 (as the case may be) in respect of the main applicant’s application.

(2) Sub-paragraph (1) does not apply in respect of applications for which a fee is specified in—

(a)6.2C.1 or 6.2C.2 of Table 6; or

(b)Table 7.

(3) The fee payable in accordance with sub-paragraph (1) is subject to—

(a)the exceptions and waivers set out in Table 9 (other than the exception in 9.18 of that Table); and

(b)paragraph 3A.^F304]

[^F305Reduction of fees for Health and Care Visa applications and related applications by dependants

3A.—(1) In this paragraph—

a “Health and Care Visa application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules, other than as the dependant partner or dependant child of a Skilled Worker, where the certificate of sponsorship issued [^F306 , or the approval under Sponsor a Worker given, ^F306] in respect of the application confirms the applicant’s eligibility for a Health and Care Visa provided for by the Health and Care Visa Guidance;

a “relevant dependant’s application” means an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker where—

(2) In the case of a Health and Care Visa application, the fee under 6.2.6A, 6.2.6B, 6.2.6C or 6.2.6D of Table 6 payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules is to be reduced—

(a)by [^F307 £581^F307] , where it is the fee specified by 6.2.6A of that Table;

(b)by [^F308 £1,161^F308] , where it is the fee specified by 6.2.6B of that Table;

[^F309 (c)by [^F310 £286^F310] , where it is the fee specified by 6.2.6C of that Table;

(d)by [^F311 £570^F311] , where it is the fee specified by 6.2.6D of that Table.^F309]

(3) In the case of a relevant dependant’s application where the application by the main applicant was made at or after 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a)by [^F312 £581^F312] , where it is the fee specified by 6.2.6A of Table 6;

(b)by [^F313 £1,161^F313] , where it is the fee specified by 6.2.6B of that Table;

[^F314 (c)by [^F315 £286^F315] , where it is the fee specified by 6.2.6C of that Table;

(d)by [^F316 £570^F316] , where it is the fee specified by 6.2.6D of that Table.^F314]

(4) In the case of a relevant dependant’s application where the application by the main applicant was made before 9.00 a.m. on 1st December 2020, the fee payable by virtue of paragraph 3 in respect of an application for limited leave to remain in the United Kingdom under Appendix Skilled Worker to the immigration rules as the dependant partner or dependant child of a Skilled Worker is to be reduced—

(a)by [^F317 £581^F317] , where it is the fee specified by 6.2.7 of Table 6 as it continues to have effect by virtue of regulation 14(6) of the Immigration and Nationality (Replacement of Tier 2 and Fees) (Amendment) (EU Exit) Regulations 2020;

(b)by [^F318 £1,161^F318] , where it is the fee specified by 6.2.8 of that Table as it continues to have effect by virtue of that regulation;

[^F319 (c)by [^F320 £286^F320] , where it is the fee specified by 6.2.9 of that Table as it continues to have effect by virtue of that regulation (and as modified by paragraph 4(4) of Schedule 2 to the Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022);

(d)by [^F321 £570^F321] , where it is the fee specified by 6.2.10 of that Table as it continues to have effect by virtue of that regulation (and as modified by paragraph 4(5) of Schedule 2 to the Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022).^F319]

(5) In sub-paragraph (1)—

(a) the references to “the Health and Care Visa Guidance” are references to the document entitled “Health and Care Visa Guidance” published by the Home Office;

(b) the reference to “the Tier 2 Policy Guidance” is a reference to the document entitled “Tier 2 of the Points-Based System – Policy Guidance” published by the Home Office. ^F305]

Applications made by CESC Nationals

^F3224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Variation of an application for leave to remain in the United Kingdom

5.—(1) This sub-paragraph applies where—

(a)an application for leave to remain in the United Kingdom is made in respect of a person on or after the day that these Regulations come into force; but

(b) before that application [^F323 (“the first application”) ^F323] is determined a further application is submitted which has the effect of varying it.

^F324(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F325 (3) Where sub-paragraph (1) applies ^F326... the Secretary of State must refund any fee (or fees) paid in respect of the first application.^F325]

Regulation 5

SCHEDULE 3 DOCUMENTS AND ADMINISTRATION

Interpretation

1. In this Schedule—

^F327...

[^F328 “Appendix EU biometric residence card” means a document (within the meaning given by section 126(9) of the Nationality, Immigration and Asylum Act 2002 ) issued to a person granted leave to remain in the United Kingdom under Appendix EU to the immigration rules on which biometric information is recorded under regulation 6A of the Immigration (Provision of Physical Data) Regulations 2006 ; ^F328]

“ Assisted Voluntary Return programme ” means any arrangements made by the Secretary of State under section 58 of the 2002 Act;

“ certificate of travel ” means a travel document issued at the discretion of the Secretary of State to a person who has been granted leave to remain in the United Kingdom and is unable to obtain a passport issued by their national authority;

[^F329 “ 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; ^F329]

^M43 “ 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 ;

“ 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;

[^F330 “ 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; ^F330]

^F331...

[^F332 “ ETA ” has the meaning given by section 11C of the 1971 Act (electronic travel authorisations); ^F332]

^M44 “ 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 ;

“ transfer of conditions ” means [^F333 an addition to a passport, ^F333] 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 [^F334and services^F334]

2.—(1) Table 10 specifies the amount of the fees for the specified[^F335 applications, requests and other requirements^F335] for and in connection with documents [^F336and services^F336] relating to immigration or nationality.

(2) Table 11 provides for exceptions to the requirement to pay fees specified in Table 10 for applications for travel documents[^F337 and for processing an application or claim which is later rejected as invalid^F337] .

^F338(3) Table 12 specifies the amount of the fees for the specified applications for biometric immigration documents ....

(4) Table 13 provides for exceptions to the requirement to pay fees specified in [^F339Tables 10 and 12^F339] .

(5) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the specified fee in 12.2.4.

[^F340 (6) Paragraph 4 confers a discretion on the Secretary of State to waive, in specified circumstances, any fee specified in Table 10 or 12.^F340]

[^F341 (7) Paragraph 5 confers a discretion on the Secretary of State to waive part of the specified fee in 10.8.1 in specified circumstances.^F341]

[^F379Waiver of fee 12.1.1

2A. The Secretary of State may waive the fee specified in 12.1.1 in Table 12.^F379]

Waiver or reduction in respect of the fee specified at 12.2.4

^F3803. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F381Waiver of fee as a remedy for maladministration

4. The Secretary of State may waive the payment of any fee specified in Table 10 or 12 in respect of any application, request or process where the Secretary of State considers that—

(a)the person in respect of whom the application or request is made or (as the case may be) in relation to whom the process is to be carried out has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and

(b)the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application, request or process.^F381]

[^F382Partial waiver of the fee specified at 10.8.1 (fee for processing an application or claim rejected as invalid)

5.—(1) This paragraph applies where—

(a) an application or claim in respect of which a fee (“the application fee”) is specified by these Regulations is rejected as invalid before a decision is issued in respect of that application or claim,

(b)the fee specified in 10.8.1 is payable for the processing of that application or claim, and

(c)the amount of the application fee paid in respect of the rejected application or claim is less than the amount of the fee specified in 10.8.1.

(2) The Secretary of State may waive the payment of the fee specified in 10.8.1 to the extent that the amount of that fee exceeds the amount of the application fee paid in respect of the rejected application or claim.^F382]

Regulation 6

SCHEDULE 4 SPONSORSHIP

Interpretation

1. In this Schedule—

“ 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;

“ premium services for sponsors ” means the [^F383 premium services ^F383] offered by the Home Office to certain sponsors;

“ small or charitable sponsor ” means a sponsor that is—

“ sponsorship management request ” means an electronic request made by a sponsor in connection with their sponsor licence, through their sponsorship management system account;

[^F384 “students” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under [^F385 Appendix Student or Appendix Child Student ^F385] to the immigration rules;

“the student route” means either or both of—

“Student Sponsor basic compliance assessment” means the check which a sponsor with Probationary Sponsor status must apply for in order to become registered as having Student Sponsor status, or for which sponsors already registered with Student Sponsor status must apply in order to maintain that registration; ^F384]

[^F388 “temporary workers” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under—

“the temporary worker route” means any or all of—

“temporary worker sponsor” means a person who has a sponsor licence in respect of temporary workers; ^F388]

^F397...

^F398...

[^F399 “workers” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under—

“the worker route” means any or all of—

“worker sponsor” means a person who has a sponsor licence in respect of workers. ^F399]

Fees in connection with sponsorship

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.