The Immigration and Nationality (Fees) Regulations 2018

Made: 15th March 2018

Laid before Parliament: 16th March 2018

Coming into force in accordance with regulation 1(2)

The Secretary of State makes the following Regulations with the consent of the Treasury, in exercise of the powers conferred by sections 68(1), (7), (8) and (10), 69(2), and 74(8)(a), (b) and (d) of the Immigration Act 2014 . These Regulations are made further to provision in the Immigration and Nationality (Fees) Order 2016 .

Citation, commencement and extent

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• (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, 13A, 13B, 13C, 13D, 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, 13A, 13B, 13C, 13D, 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

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In these Regulations—

• “the 1971 Act” means the Immigration Act 1971 ;

• “the 1981 Act” means the British Nationality Act 1981 ;

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

• “the 1999 Act” means the Immigration and Asylum Act 1999 ;

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

• “the 2007 Act” means the UK Borders Act 2007 ;

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

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

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

• “approval letter from a designated competent body”—...... means a letter from a designated competent body, within the meaning of the Isle of Man immigration rules , endorsing a proposed application for entry clearance to enter the Isle of Man as a Tier 1 (Exceptional Talent) Migrant;

• “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 from an individual or a business for—entry clearance to enter or leave to remain in the United Kingdom under Appendix Global Talent, Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to those rules;; ora sponsor licence in connection with sponsoring the applicant under Appendix Scale-up to those rules;

• “being looked after by a local authority” means being looked after by a local authority (or in Northern Ireland, an authority) under—section 22(1) of the Children Act 1989 ;section 17(6) of the Children (Scotland) Act 1995 ;article 25(1) of the Children (Northern Ireland) Order 1995 ; orsection 74(1) of the Social Services and Well-being (Wales) Act 2014 ;

• “biometric immigration document” has the same meaning as provided in section 5 of the 2007 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;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• ...

• “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;

• “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—the spouse or civil partner of P;someone who has been living with P in a relationship akin to a marriage or civil partnership for at least two years; orany other person whose entitlement to make an application referred to in these Regulations arises by virtue of a connection between that person and P;

• “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”—in respect of the United Kingdom has the same meaning as provided in section 33(1) of the 1971 Act ;in respect of the Isle of Man has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Isle of Man ;in respect of the Bailiwick of Guernsey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Guernsey ;in respect of the Bailiwick of Jersey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Jersey ;

• “Global Talent Migrant” has the meaning given by paragraph 6 of the immigration rules;

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

• “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;

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

• “Innovator Founder” has the meaning given by paragraph 6 of the immigration rules;

• “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;

• “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;

• “Life in the UK Test” means the test referred to as the Life in the UK Test in Appendix KoLL and Appendix KOL UK 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;

• “overseas qualification” means a qualification awarded by a body located outside the United Kingdom;

• “Points-Based System”—...... means those categories set out in Part 6A of the Isle of Man immigration rules;

• “premium services” means optional premium services in connection with immigration or nationality;

• “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;

• “private medical treatment”—in respect of the United Kingdom has the same meaning as provided in Appendix V to the immigration rules;in respect of the Isle of Man has the same meaning as provided in Appendix V to the Isle of Man immigration rules;

• “qualifications assessor” means a body approved by the Secretary of State to carry out assessments of overseas qualifications;

• “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;

• “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;

• ...

• ...

• ...

• “sponsor”—... means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• “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”—...means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Start-up Migrant”— ...... has the meaning given by paragraph 6 of the Isle of Man immigration rules;

• ...

• “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;

• “Tier 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”... and, “Tier 1 (Investor) Migrant”...—in respect of the United Kingdom have the meanings given by paragraph 6 of the immigration rules;in respect of the Isle of Man have the meanings given by paragraph 6 of the Isle of Man immigration rules;

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

• .........

• ...

• “Tier 4 Migrant”—...... has the meaning given by paragraph 6 of the Isle of Man immigration rules;

• “Tier 5 Migrant”, “Tier 5 (Temporary Worker) Migrant” and “Tier 5 (Youth Mobility) Temporary Migrant”—...... have the meanings given by paragraph 6 of the Isle of Man immigration rules;

• ...

• “travel document” means a document which—is not a passport;allows a person (or, if the person has died, the body of that person) to travel outside the United Kingdom; andis issued by the Home Office to a person who is either a refugee or stateless, or cannot obtain or use a passport issued by the person's own country;

• “User-Pays Application Centre” means an office at which applicants can access—in respect of the United Kingdom, services in connection with immigration or nationality specifically in relation to entry clearance to enter, leave to enter or leave to remain in the United Kingdom;in respect of the Isle of Man, services in connection with immigration specifically in relation to entry clearance to enter the Isle of Man;in respect of the Bailiwick of Guernsey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;in respect of the Bailiwick of Jersey, services in connection with immigration specifically in relation to entry clearance to enter that bailiwick;

• “visit visa”— in respect of the United Kingdom means entry clearance to enter the United Kingdom as a visitor;in respect of the Isle of Man has the same meaning as in Appendix V to the Isle of Man immigration rules.

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

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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) specified applications for ... an approval letter from an endorsing body for the purposes of article 6 of the 2016 Order; and

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

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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 an endorsing body for the purposes of article 6 of the 2016 Order; and

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

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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 fees referred to in paragraph (a), and ... circumstances in which such fees may be waived or reduced.

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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.

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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) ... circumstances in which such fees may be waived.

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

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

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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 and specified applications for the review of certain applications, for the purposes of article 6 of the 2016 Order;

• (aa) exceptions to the requirements to pay specified fees referred to in paragraph (a);

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

• (c) circumstances in which specified fees referred to in paragraph (a) may be waived.

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

• (a) the 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 , 5A and 5C of the 2016 Order ;

• (b) exceptions to the requirement to pay specified fees referred to in paragraph (a);

• (c) the 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) ... circumstances in which fees mentioned in paragraph (a) or (c) may be waived or reduced.

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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) the 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 , 5 and 5C 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) ... circumstances in which fees mentioned in paragraphs (a) and (b) may be waived or reduced.

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

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

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

Rate of exchange

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