LegalizeThe Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023
Made: 14th September 2023
Laid before Parliament: 15th September 2023
Coming into force in accordance with regulation 1(2) to (5)
The Secretary of State makes these Regulations with the consent of the Treasury[^f00001] in exercise of the powers conferred by sections 68(1), (7) and (10)(a), (b) and (c)(iii), 69(2) and 74(8)(a), (b) and (c) of the Immigration Act 2014[^f00002]. These Regulations are made further to provision in the Immigration and Nationality (Fees) Order 2016[^f00003].
PART 1 — PRELIMINARY
Citation, commencement, extent and interpretation
1
- (1) These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2023.
- (2) Except as specified in paragraphs (3) to (5), these Regulations come into force at 9.00 a.m. on 4th October 2023.
- (3) This Part, regulation 4(1) and (3) and regulation 6(3) come into force on 4th October 2023.
- (4) Regulation 4(2) comes into force on 5th October 2023.
- (5) Regulation 5 comes into force on 25th October 2023.
- (6) Subject to paragraphs (7) and (8), these Regulations extend to England and Wales, Scotland and Northern Ireland only.
- (7) The following provisions of these Regulations also extend to the Isle of Man, for the same purpose as the provisions of the principal Regulations which they amend[^f00004]—
- (a) this Part;
- (b) regulation 3;
- (c) regulation 8;
- (d) regulation 10 in so far as it relates to the entries in Schedule 9 to the principal Regulations specified in Schedule 1 to these Regulations; and
- (e) regulation 11 in so far as it relates to the entry in Schedule 9 to the principal Regulations specified in Schedule 2 to these Regulations.
- (8) The following provisions also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, for the same purpose as the provisions of the principal Regulations which they amend[^f00005]—
- (a) this Part;
- (b) regulation 3;
- (c) regulation 9; and
- (d) regulation 10 in so far as it relates to the entries in Schedule 10 to the principal Regulations specified in Schedule 1 to these Regulations.
- (9) In these Regulations, “the principal Regulations” means the Immigration and Nationality (Fees) Regulations 2018[^f00006].
PART 2 — AMENDMENTS TO THE PRINCIPAL REGULATIONS
Amendments to the principal Regulations
2
The principal Regulations are amended in accordance with this Part.
Amendments to regulation 2
3
In regulation 2 (interpretation), insert the following definitions in the appropriate places—
- “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;
- “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;
Amendment to Schedule 1
4
- (1) Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) is amended as follows.
- (2) In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom), after 1.4.4 insert—
| 1.4.4A | Application for entry clearance under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 to the immigration rules[^f00007]. | £1,846 |
|---|---|---|
- (3) In Table 4 (exceptions in respect of fees for and in connection with applications for entry clearance to enter or leave to enter the United Kingdom)—
- (a) in 4.2.1, for “paragraphs 352A to 352FI” substitute “Appendix Family Reunion (Protection)[^f00008]”;
- (b) omit 4.10 and 4.10.1.
Amendment to Schedule 3
5
- (1) Schedule 3 (documents and administration) is amended as follows.
- (2) In paragraph 1 (interpretation) insert in the appropriate place—
- “ETA” has the meaning given by section 11C of the 1971 Act (electronic travel authorisations)[^f00009];
- (3) In Table 10 (fees for miscellaneous documents and services), after 10.7.1 insert—
| 10.7A | Electronic Travel Authorisation | |
|---|---|---|
| 10.7A.1 | Request for an ETA where required in accordance with Appendix Electronic Travel Authorisation to the immigration rules [^f00010]. | £10 |
Amendment to Schedule 6
6
- (1) Table 17 in Schedule 6 (premium services (in the United Kingdom)) is amended as follows.
- (2) In 17.1.2, for “where the fee is not specified elsewhere in these Regulations” substitute “under a super priority service”.
- (3) In 17.5.1, omit “Terminal 2, 3 or 4”.
Amendments to Schedule 7
7
- (1) Schedule 7 (premium services (outside the United Kingdom)) is amended as follows.
- (2) Omit paragraph 1.
- (3) In Table 18 (premium services outside the United Kingdom)—
- (a) in 18.2.1, for “the priority visa service” substitute “a priority service”;
- (b) in 18.2.2, for “the super priority visa service” substitute “a super priority service”;
- (c) omit 18.2.3.
Amendments to Schedule 9
8
- (1) Schedule 9 (applications in relation to entry clearance to enter the Isle of Man and premium services) is amended as follows.
- (2) In paragraph 1 (interpretation), omit the definitions of “priority settlement service”, “priority visa service” and “super priority visa service”.
- (3) In Table 25 (premium services outside the United Kingdom and the Isle of Man)—
- (a) in 25.2.1, for “the priority visa service” substitute “a priority service”;
- (b) in 25.2.2, for “the super priority visa service” substitute “a super priority service”;
- (c) omit 25.2.3.
Amendments to Schedule 10
9
- (1) Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) is amended as follows.
- (2) In paragraph 1 (interpretation), omit the definitions of “priority settlement service”, “priority visa service” and “super priority visa service”.
- (3) In Table 27 (premium services outside the United Kingdom and the relevant bailiwick)—
- (a) in 27.2.1, for “the priority visa service” substitute “a priority service”;
- (b) in 27.2.2, for “the super priority visa service” substitute “a super priority service”;
- (c) omit 27.2.3.
Amendments to fees
10
In the table in the principal Regulations specified in column 1 of the table in Schedule 1, for the fee specified in the corresponding entry in column 2 of the table in Schedule 1 (“the current fee”), substitute the fee specified in relation to the current fee in column 3 of the table in Schedule 1.
Amendments to fees reductions
11
- (1) In the provisions of the principal Regulations specified in column 1 of the table in Schedule 2 (which relate to the reduction of relevant fees in respect of Health and Care Visa applications and related applications by dependants), for the reduction in the relevant fee specified in column 2 of that table substitute the reduction in the relevant fee specified in column 3 of that table.
- (2) In paragraph (1), the “relevant fee” means the fee which would, but for the provisions specified in column 1 of the table in Schedule 2, be payable for the application as specified in the principal Regulations (as amended by Schedule 1).
PART 3 — TRANSITIONAL PROVISION
Transitional provision
12
- (1) In this regulation—
- “applicable fee” means the fee payable in respect of a relevant application under the principal Regulations;
- “relevant application” means an application, the fee for which is specified in 19.3.1 and 19.3.2 in Table 19 in Schedule 8 to the principal Regulations;
- “time of increase” means the time when regulation 10 of these Regulations comes into force.
- (2) Where—
- (a) a person makes a relevant application;
- (b) the relevant application includes an application to waive the applicable fee;
- (c) the application to waive the applicable fee was made before the time of the increase; and
- (d) the Secretary of State determines after the time of increase that the applicable fee should not be waived,
the applicable fee is that which was payable immediately before the time of increase.
SCHEDULE 1 — AMENDMENTS TO FEES IN THE PRINCIPAL REGULATIONS
| Table in the principal Regulations (1) | Current fee (2) | New fee (3) |
|---|---|---|
| Schedule 1 | ||
| Table 1.1 | ||
| 1.1.1 | £100 | £115 |
| 1.1.2 | £376 | £400 |
| 1.1.3 | £670 | £771 |
| 1.1.4 | £837 | £963 |
| 1.1.8 | £100 | £115 |
| Table 1.3 | ||
| 1.3.4 | £1,036 | £1,191 |
| 1.3.6 | £1,638 | £1,884 |
| 1.3.6A | £625 | £719 |
| 1.3.6B | £1,235 | £1,420 |
| 1.3.6C | £479 | £551 |
| 1.3.6D | £943 | £1,084 |
| 1.3.6F | £259 | £298 |
| 1.3.6G | £259 | £298 |
| 1.3.6H | £625 | £719 |
| 1.3.6I | £259 | £298 |
| 1.3.6J | £715 | £822 |
| 1.3.6K | £715 | £822 |
| 1.3.11 | £363 | £490 |
| Table 1.3A | ||
| 1.3A.1 | £1,036 | £1,191 |
| 1.3A.2 | £378 | £435 |
| Table 1.3B | ||
| 1.3B.1 | £456 | £524 |
| 1.3B.2 | £167 | £192 |
| 1.3B.3 | £623 | £716 |
| Table 1.3D | ||
| 1.3D.1 | £2,404 | £2,885 |
| Table 1.4 | ||
| 1.4.1 | £388 | £404 |
| 1.4.4 | £1,538 | £1,846 |
| 1.4.6 | £625 | £719 |
| 1.4.7 | £1,048 | £1,258 |
| Table 1.5 | ||
| 1.5.1 | £531 | £637 |
| Table 2.1 | ||
| 2.1.1 | £623 | £716 |
| 2.1.6 | £623 | £716 |
| Table 3.1 | ||
| 3.1.1 | £2,404 | £2,885 |
| Schedule 2 | ||
| Table 6 | ||
| Table 6.2 | ||
| 6.2.4 | £1,292 | £1,486 |
| 6.2.6 | £1,638 | £1,884 |
| 6.2.6A | £719 | £827 |
| 6.2.6B | £1,423 | £1,500 |
| 6.2.6C | £479 | £551 |
| 6.2.6D | £943 | £1,084 |
| 6.2.6F | £259 | £298 |
| 6.2.6G | £715 | £822 |
| 6.2.6H | £259 | £298 |
| 6.2.6I | £719 | £827 |
| 6.2.6J | £259 | £298 |
| 6.2.6K | £715 | £822 |
| 6.2.6L | £715 | £822 |
| Table 6.2A | ||
| 6.2A.1 | £1.292 | £1,486 |
| 6.2A.2 | £508 | £584 |
| Table 6.2B | ||
| 6.2B.1 | £456 | £524 |
| 6.2B.2 | £167 | £192 |
| 6.2B.3 | £623 | £716 |
| Table 6.3 | ||
| 6.3.1 | £719 | £827 |
| Table 7.1 | ||
| 7.1.1 | £623 | £716 |
| 7.1.5 | £623 | £716 |
| Table 8.1 | ||
| 8.1.1 | £2,404 | £2,885 |
| Schedule 3 | ||
| Table 10 | ||
| 10.3.3 | £75 | £82 |
| 10.3.4 | £49 | £53 |
| Schedule 4 | ||
| Table 14 | ||
| 14.4.1 | £199 | £239 |
| 14.4.1A | £21 | £25 |
| 14.4.1B | £199 | £239 |
| 14.4.2 | £21 | £25 |
| 14.4.3 | £21 | £25 |
| 14.4.4 | £21 | £25 |
| Schedule 6 | ||
| Table 17 | ||
| 17.1.2 | £800 | £1,000 |
| Schedule 7 | ||
| Table 18.1 | ||
| 18.1.1 | £55 | £76.50 |
| Table 18.2 | ||
| 18.2.1 | £250 | £500 |
| 18.2.2 | £956 | £1,000 |
| Schedule 8 | ||
| Table 19.1 | ||
| 19.1.1 | £1,250 | £1,500 |
| Table 19.1A | ||
| 19.1A.1 | £1,126 | £1,351 |
| Table 19.2 | ||
| 19.2.1 | £1,126 | £1,351 |
| 19.2.2 | £1,126 | £1,351 |
| Table 19.3 | ||
| 19.3.1 | £1,012 | £1,214 |
| 19.3.2 | £1,012 | £1,214 |
| Schedule 9 | ||
| Table 21.1 | ||
| 21.1.1 | £100 | £115 |
| 21.1.2 | £376 | £400 |
| 21.1.3 | £670 | £771 |
| 21.1.4 | £837 | £963 |
| Table 21.2 | ||
| 21.2.1 | £167 | £192 |
| 21.2.2 | £623 | £716 |
| 21.2.5 | £1,638 | £1,884 |
| 21.2.6 | £363 | £490 |
| 21.2.7 | £259 | £298 |
| 21.2.8 | £456 | £524 |
| Table 21.3 | ||
| 21.3.2 | £1,538 | £1,846 |
| 21.3.4 | £625 | £719 |
| 21.3.5 | £625 | £719 |
| 21.3.6 | £625 | £719 |
| 21.3.7 | £1,036 | £1,191 |
| 21.3.8 | £378 | £435 |
| 21.3.9 | £259 | £298 |
| Table 21.4 | ||
| 21.4.1 | £531 | £637 |
| Table 22.1 | ||
| 22.1.1 | £623 | £716 |
| 22.1.1A | £1,036 | £1,191 |
| 22.1.1B | £378 | £435 |
| Table 25.1 | ||
| 25.1.1 | £55 | £76.50 |
| Table 25.2 | ||
| 25.2.1 | £250 | £500 |
| 25.2.2 | £956 | £1,000 |
| Schedule 10 | ||
| Table 26.1 | ||
| 26.1.1 | £531 | £637 |
| Table 26.2 | ||
| 26.2.1 | £100 | £115 |
| 26.2.2 | £376 | £400 |
| 26.2.3 | £670 | £771 |
| 26.2.4 | £837 | £963 |
| Table 26.3 | ||
| 26.3.1 | £363 | £490 |
| Table 26.4 | ||
| 26.4.1 | £625 | £719 |
| 26.4.1Z | £259 | £298 |
| 26.4.1A | £259 | £298 |
| 26.4.2 | £1,538 | £1,846 |
| Table 27.1 | ||
| 27.1.1 | £55 | £76.50 |
| Table 27.2 | ||
| 27.2.1 | £250 | £500 |
| 27.2.2 | £956 | £1,000 |
SCHEDULE 2 — AMENDMENTS OF REDUCTIONS OF RELEVANT FEES IN RESPECT OF HEALTH AND CARE VISA AND RELATED APPLICATIONS BY DEPENDANTS
| Provision (1) | Current reduction (2) | New reduction (3) |
|---|---|---|
| Paragraph 3A(2) of Schedule 1 | ||
| paragraph (a) | £378 | £435 |
| paragraph (b) | £756 | £869 |
| paragraph (c) | £232 | £267 |
| paragraph (d) | £464 | £533 |
| Paragraph 3A(3) of Schedule 1 | ||
| paragraph (a) | £378 | £435 |
| paragraph (b) | £756 | £869 |
| paragraph (c) | £232 | £267 |
| paragraph (d) | £464 | £533 |
| Paragraph 3A(4) of Schedule 1 | ||
| paragraph (a) | £378 | £435 |
| paragraph (b) | £756 | £869 |
| paragraph (c) | £232 | £267 |
| paragraph (d) | £464 | £533 |
| Paragraph 3A(2) of Schedule 2 | ||
| paragraph (a) | £472 | £543 |
| paragraph (b) | £944 | £949 |
| paragraph (c) | £232 | £267 |
| paragraph (d) | £464 | £533 |
| Paragraph 3A(3) of Schedule 2 | ||
| paragraph (a) | £472 | £543 |
| paragraph (b) | £944 | £949 |
| paragraph (c) | £232 | £267 |
| paragraph (d) | £464 | £533 |
| Paragraph 3A(4) of Schedule 2 | ||
| paragraph (a) | £472 | £543 |
| paragraph (b) | £944 | £949 |
| paragraph (c) | £232 | £267 |
| paragraph (d) | £464 | £533 |
| Paragraph 3A(3) of Schedule 9 | £378 | £435 |
Signed
Sarah Dines — Parliamentary Under Secretary of State — Home Office — 14th September 2023
We consent
Stuart Anderson — Scott Mann — Two of the Lords Commissioners of His Majesty’s Treasury — 13th September 2023
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
Part 2 of these Regulations amends the Immigration and Nationality (Fees) Regulations 2018 (S.I. 2018/330) which set fees for the exercise of various functions in connection with immigration and nationality.
Regulation 4(2) creates a fee for applications made under Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 to the immigration rules and regulation 5 creates a fee for applications for an Electronic Travel Authorisation.
Regulation 4(3)(a) reflects the application of Appendix Family Reunion (Protection) to the immigration rules.
Regulation 4(3)(b) removes a fee which is no longer necessary.
Regulations 2, 6(2) and 7 to 9 reflect changes to fees in respect of applications made under the priority services.
Regulation 6(3) enables the application of the fee for expedited entry of a passenger into, or transiting of a passenger through, the United Kingdom using the Border Force fast track service at all terminals at Heathrow airport.
Regulation 10 and Schedule 1 increase fees payable for applications. Regulation 11 and Schedule 2 increase the amount of deductions from fees in respect of Health and Care visa applications.
Part 3 (regulation 12) makes transitional provision. In particular, it enables fees payable for child citizenship applications which are made following unsuccessful waiver applications not to take account of the increases made by these Regulations.
A full impact assessment of the effect that this instrument will have on the costs to business has been produced. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.
Footnotes
[^f00001]: Treasury consent has been obtained pursuant to section 69(1) of the Immigration Act 2014 (c. 22) (“the 2014 Act”). Sections 68 to 70 of the 2014 Act were extended, subject to specified modifications, to the Isle of Man by articles 5 and 7 of the Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765) which inserted new articles 22 and 23 and Schedule 9A into the Immigration (Isle of Man) Order 2008 (S.I. 2008/680); other amendments have been made to the Order of 2008 but none are relevant for the present purposes. Sections 68 to 70 of the 2014 Act were extended to the Bailiwick of Jersey by article 3 of the Immigration (Jersey) Order 2016 (S.I. 2016/994) subject to modifications specified in the Schedule to that Order. Sections 68 to 70 of the 2014 Act were extended to the Bailiwick of Guernsey by article 4 of the Immigration (Guernsey) Order 2016 (S.I. 2016/996) subject to modifications specified in the Schedule to that Order.
[^f00002]: 2014 c. 22.
[^f00003]: S.I. 2016/177, amended by S.I. 2018/329; there are other amending instruments but none is relevant.
[^f00004]: See regulation 1(4) of the Immigration and Nationality (Fees) Regulations 2018 (“the principal Regulations”) for the purpose for which provisions of that instrument extend to the Isle of Man.
[^f00005]: See regulation 1(5) of the principal Regulations for the purpose for which provisions of that instrument extend to the Bailiwick of Guernsey and the Bailiwick of Jersey.
[^f00006]: S.I. 2018/330; relevant amending instruments are S.I. 2018/875, 2019/475, 2020/77, 294, 736 and 1147, 2021/1035, 2022/296 and 581 and 2023/15 and 349.
[^f00007]: The United Kingdom immigration rules were laid before Parliament on 23rd May 1994 (HC 395). Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 7th September 2023 (HC 1780).
[^f00008]: Appendix Family Reunion (Protection) was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 9th March 2023 (HC 1160).
[^f00009]: Section 11C is inserted by section 75(2) of the Nationality and Borders Act 2022 (c. 36).
[^f00010]: Appendix Electronic Travel Authorisation was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 9th March 2023 (HC 1160).
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