The Immigration (Leave to Remain) (Fees) (Amendment) Regulations 2005

• Citation: S.I. 2005/654
• Sections: 7

Section 1

These Regulations may be cited as the Immigration (Leave to Remain) (Fees) (Amendment) Regulations 2005 and shall come into force on 1st April 2005.

Section 2

The Immigration (Leave to Remain) (Fees) Regulations 2003 shall be amended as follows.

Section 3

In regulation 2, for paragraph (c) of the definition of “application” substitute the following definition–

(c) the fixing of a limited leave stamp or indefinite leave stamp on a passport or other document issued to the applicant where the stamp was previously fixed on another passport or document issued to the applicant;

Section 4

For regulation 3, substitute the following regulation–

(3)

(1) Subject to section 5(3)(a) of the 1999 Act and regulations 3A, 4 and 5 below, the fee to be paid in connection with an application falling within paragraphs (a) or (b) of the definition of “application” in regulation 2 shall be–

(a) £500 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or

(b) £335 for an application made by post or courier.

(2) Subject to section 5(3)(a) of the 1999 Act, the fee to be paid in connection with an application falling within paragraph (c) of the definition of “application” in regulation 2 shall be–

(a) £500 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or

(b) £160 for an application made by post.

Section 5

For regulation 3A, substitute the following regulation–

(3A)

(1) Regulation 3(1) does not apply to an application falling within paragraph (a) or (b) of the definition of “application” in regulation 2 above where the application is for leave to remain in the United Kingdom:

(a) as a student,

(b) as a student nurse,

(c) to re-sit an examination,

(d) to write up a thesis,

(e) as a student union sabbatical officer, or

(f) as a prospective student,under the immigration rules.

(2) The fee to be paid in connection with an application referred to in paragraph (1) shall be–

(a) £500 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or

(b) £250 for an application made by post.

Section 6

In regulation 5(c), for the words “referred to in regulation 3A(1) above” substitute the words

for leave to remain in the United Kingdom:

(i) for work permit employment,

(ii) as a highly skilled migrant,

(iii) as a seasonal agricultural worker,

(iv) for the purposes of employment under the Sectors-Based scheme, or

(v) for Home Office approved training or work experience,

under the immigration rules

Section 7

In regulation 5–

(a) after subparagraph (d), delete “or”; and

(b) after subparagraph (e), insert–

; or

(f) the application is made in respect of a person who, at the time of making the application, has limited leave to enter or remain in the United Kingdom which was granted outside the provisions of the immigration rules on the rejection of his asylum claim and is seeking further leave to remain in the United Kingdom outside the provisions of the immigration rules