The Immigration and Nationality (Fees) Regulations 2018

Applications 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.

Applications made by CESC Nationals

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

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• (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 (“the first application”) is determined a further application is submitted which has the effect of varying it.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

SCHEDULE 3 — DOCUMENTS AND ADMINISTRATION

Interpretation

1

In this Schedule—

• ...

• “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;

• “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;

• “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;

• “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;

• “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;

• ...

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

• “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 an addition to 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

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• (1) Table 10 specifies the amount of the fees for the specified applications, requests and other requirements for and in connection with documents and services 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 and for processing an application or claim which is later rejected as invalid.

• (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 Tables 10 and 12.

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

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

• (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.

Waiver or reduction in respect of the fee specified at 12.2.4

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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 premium services offered by the Home Office to certain sponsors;

• “small or charitable sponsor” means a sponsor that is—a company that is subject to the small companies regime under section 381 of the Companies Act 2006 ;in the case of a person who is not a company for the purposes of that section, a person who employs no more than 50 employees; ora charity within the meaning of section 1 of the Charities Act 2011 , or section 1 of the Charities Act (Northern Ireland) 2008 , or a body entered in the Scottish Charity Register ;

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

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

• “the student route” means either or both of—the Student route provided for by Appendix Student to the immigration rules;the Child Student route provided for by Appendix Child Student to the immigration rules;

• “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;

• “temporary workers” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under— Appendix Temporary Work – Seasonal Worker to the immigration rules, Appendix Youth Mobility Scheme to those rules,Appendix Temporary Work – Religious Worker to those rules,Appendix Temporary Work – Charity Worker to those rules,Appendix Temporary Work – Creative Worker to those rules,Appendix Temporary Work – International Agreement to those rules, ...Appendix Temporary Work – Government Authorised Exchange to those rules; Appendix Global Business Mobility - Graduate Trainee to those rules, Appendix Global Business Mobility – UK Expansion Worker to those rules,Appendix Global Business Mobility – Service Supplier to those rules, ...Appendix Global Business Mobility – Secondment Worker to those rules; orAppendix Scale-up to those rules;

• “the temporary worker route” means any or all of— the Seasonal Worker route provided for by Appendix Temporary Work – Seasonal Worker to the immigration rules; the Youth Mobility Scheme route provided for by Appendix Youth Mobility Scheme to those rules;the Religious Worker route provided for by Appendix Temporary Work – Religious Worker to those rules;the Charity Worker route provided for by Appendix Temporary Work – Charity Worker to those rules;the Creative Worker route provided for by Appendix Temporary Work – Creative Worker to those rules;the International Agreement route provided for by Appendix Temporary Work – International Agreement to those rules;the Government Authorised Exchange route provided for by Appendix Temporary Work – Government Authorised Exchange to those rules; the Global Business Mobility – Graduate Trainee route provided for by Appendix Global Business Mobility – Graduate Trainee to those rules;the Global Business Mobility – UK Expansion Worker route provided for by Appendix Global Business Mobility – UK Expansion Worker to those rules;the Global Business Mobility – Service Supplier route provided for by Appendix Global Business Mobility – Service Supplier to those rules;the Global Business Mobility – Secondment Worker route provided for by Appendix Global Business Mobility – Secondment Worker to those rules; the Scale-up route provided for by Appendix Scale-up to those rules;

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

• ...

• ...

• “workers” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under—Appendix Skilled Worker to the immigration rules,...Appendix T2 Minister of Religion to those rules, ... Appendix International Sportsperson to those rules; orAppendix Global Business Mobility – Senior or Specialist Worker to those rules;

• “the worker route” means any or all of—the Skilled Worker route provided for by Appendix Skilled Worker to the immigration rules;......the T2 Minister of Religion route provided for by Appendix T2 Minister of Religion to those rules; the International Sportsperson route provided for by Appendix International Sportsperson to those rules; the Global Business Mobility – Senior or Specialist Worker route provided for by Appendix Global Business Mobility – Senior or Specialist Worker to those rules;

• “worker sponsor” means a person who has a sponsor licence in respect of workers.

Fees in connection with sponsorship

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• (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

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• (1) In sub-paragraph (2) a “relevant sponsor licence” means a sponsor licence which—

• (a) is a sponsor licence in respect of students or temporary workers or both, and

• (b) is not also a sponsor licence in respect of workers.

• (2) Where a person who is not a small or charitable sponsor holds a relevant sponsor licence and applies for that licence to be extended so that it is also a sponsor licence in respect of workers, the fee payable for that application is the sum equivalent to the difference between—

• (a) the fee paid for the original application for the licence, and

• (b) the fee specified by 14.1.1 in Table 14.

• (2ZA) For the purposes of paragraphs (1) and (2), a sponsor licence in respect of applicants under Appendix International Sportsperson to the immigration rules is to be regarded as a sponsor licence in respect of temporary workers rather than a sponsor licence in respect of workers if it—

• (a) became a sponsor licence in respect of applicants under that Appendix at 9.00 a.m. on 11th October 2021 by virtue of having been a sponsor licence in respect of applicants under Appendix T5 (Temporary Worker) Creative or Sporting Worker immediately before that time, and

• (b) is not also a sponsor licence in respect of applicants under Appendix Skilled Worker, Appendix T2 Minister of Religion or Appendix Global Business Mobility – Senior or Specialist Worker to those rules.

• (2A) Except as provided for by sub-paragraph (2), no fee is payable for an application to add any route referred to in the definitions of “the student route”, “the temporary worker route” or “the worker route” in paragraph 1 to an existing sponsor licence.

• (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 the separate licence applied for.

SCHEDULE 5 — CONSULAR FUNCTIONS

Interpretation

1

In this Schedule—

• “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 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 Consular Relations Act 1968 ;

• “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

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

• (2) The fee specified at 16.1.1 in Table 16 is to be read with paragraph 3 (charges for travel time when services are provided away from consular premises).

• (3) Each of the fees specified in Table 16 is subject to 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

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For the purposes of calculation of the specified fee in 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

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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.

SCHEDULE 6 — PREMIUM SERVICES (IN THE UNITED KINGDOM)

Interpretation

1

In this Schedule—

• “AO” means a civil servant of Administrative Officer grade;

• “EO” means a civil servant of Executive Officer grade;

• “HEO” means a civil servant of Higher Executive Officer grade;

• “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 their transit through the United Kingdom;

• ...

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.