The Immigration and Nationality (Cost Recovery Fees) Regulations 2014

• Citation: S.I. 2014/581
• Sections: 31

Section 1 Citation, commencement and interpretation

These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) Regulations 2014 and come into force on 6th April 2014.

Section 2 Citation, commencement and interpretation

In these Regulations—

“the 1971 Act ” means the Immigration Act 1971 ;

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

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

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

“the 2011 Order ” means the Immigration and Nationality (Fees) Order 2011;

“administrative review” means the review on request of a decision in connection with immigration in the circumstances specified in the immigration rules;

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

“biometric information” has the same meaning as provided in section 15 of the 2007 Act ;

“ CESC national ” means a person who is a national of a state which has ratified the European Social Charter, agreed by the Council of Europe at Turin on 18th October 1961 ;

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

“dependant” in respect of a person means—

the spouse or civil partner of that person;

someone who has been living with that person in a relationship akin to a marriage or civil partnership for at least two years; or

a child of that person;

“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;

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

“immigration employment document” means a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom;

“immigration rules” means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the 1971 Act ;

“indefinite leave” means leave to enter or remain (as the case may be) in the United Kingdom which is not limited as to duration;

“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;

“limited leave” means leave to enter or remain (as the case may be) in the United Kingdom which is limited as to duration;

“process used to take a record of a person’s biometric information” means the process, or combination of processes to which a person may be required to submit in order to enable a record to be taken of that person’s biometric information, where the person is required by regulations made under section 41 of the 1981 Act, section 126 of the 2002 Act or section 5 of the 2007 Act to provide such information for the purposes of an application or claim in connection with immigration or nationality;

“sponsor” means a sponsor under Part 6A of the immigration rules;

“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;

“Tier 2 Migrant”, “Tier 4 Migrant”, “Tier 5 Migrant” and “Tier 5 (Temporary Worker) Migrant” have the same meaning as provided in the immigration rules;

“transfer of conditions” means the fixing of a stamp, sticker or other attachment on a passport or other document issued to an applicant, which indicates that a person has been granted leave to enter or remain in the United Kingdom;

“travel document” means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the United Kingdom, and is issued by the Home Office to persons who are stateless or cannot obtain or use a passport issued by their own country.

Section 3 Fees for applications, services, and processes in connection with immigration and nationality

Schedule 1 (Fees for applications for entry clearance to enter the United Kingdom) has effect to specify the amount of the fees for the specified applications for entry clearance to enter the United Kingdom for the purposes of article 3(2)(b) of the 2011 Order, exceptions to the requirement to pay such fees, and circumstances in which such fees may be waived or reduced.

Section 4 Fees for applications, services, and processes in connection with immigration and nationality

Schedule 2 (Fees for applications for sponsor licences, highly trusted sponsor status, and related applications and processes) has effect to specify the amount of the fees for—

(i) applications for the specified sponsor licences for the purposes of article 3(2)(t) of the 2011 Order;

(ii) applications for permission for a student given leave to enter, or remain in the United Kingdom to change their sponsor for the purposes of article 3(2)(d) of the 2011 Order;

(iii) applications for changes to a sponsor’s status for the purposes of article 3(2)(u) of the 2011 Order; and

(iv) processes related to sponsors for the purposes of article 5(a) and (b) of the 2011 Order.

Section 5

Schedule 3 (Fees for documents relating to immigration) has effect to specify—

(a) the amount of the fees for—

(i) the specified applications for a transfer of conditions for the purposes of article 3(2)(e) of the 2011 Order;

(ii) the specified application for an immigration employment document for the purposes of article 3(2)(f) of the 2011 Order;

(iii) the specified applications for travel documents for the purposes of article 3(2)(g) of the 2011 Order;

(iv) the specified application for a Direct Airside Transit Visa for the purposes of article 3(2)(q) of the 2011 Order;

(v) the specified applications for a registration certificate, a residence card, a document certifying permanent residence, a permanent residence card or a derivative residence card, for the purposes of article 3(2)(w) of the 2011 Order;

(vi) the specified applications for a biometric immigration document for the purposes of article 3(2)(s) of the 2011 Order;

(vii) the process used to take a record of a person’s biometric information for the purposes of article 5(c) of the 2011 Order; ...

(b) exceptions to the requirement to pay the fees referred to in sub-paragraph (a)(iii), (vii) and (viii) ; and

(c) circumstances in which the fee referred to in sub-paragraph (a)(vii) may be waived.

Section 6

Schedule 4 (Fees for applications, processes and services in connection with nationality) has effect to specify—

(a) the amount of the fees for the specified applications in connection with nationality for the purposes of article 3(2)(h), (i), (j), (k), (l), (m), (n), (o), (p), and (v) of the 2011 Order;

(b) the amount of the fees for the specified processes in connection with nationality for the purposes of article 5(c) and (d) of the 2011 Order; and

(c) the amount of the fees for the specified services in connection with nationality for the purposes of article 4(a), (b), (c), (d), (e), (f), (g) and (h) of the 2011 Order.

Section 7

Schedule 5 (Fees for the exercise of consular functions in connection with immigration and nationality) has effect to specify the amount of the fees for the exercise of consular functions in connection with immigration and nationality for the purposes of articles 6 and 7 of the 2011 Order.

Section 8

Schedule 6 (Miscellaneous fees) has effect to specify—

(a) the amount of the fee for the administration of the specified test for the purposes of article 4(n) of the 2011 Order; and

(b) the amount of the fee for the process of conducting an administrative review for the purposes of article 5(d) of the 2011 Order.

Section 9 Rate of Exchange

The rate of exchange for calculating the equivalents of fees set out in these Regulations but paid in a foreign currency must be based upon the rate of exchange which is generally prevailing on the date, and at the place of payment, but which may be adjusted by the Secretary of State (or a representative of the Secretary of State) in such a manner and to such an extent as that person considers expedient in the interests of administrative efficiency.

Section 10 Consequences of failing to pay the specified fee

Where these Regulations specify a fee which must accompany an application for the purposes of the 2011 Order, the application is not validly made unless it is accompanied by that fee.

Section 11 Revocation

The Immigration and Nationality (Cost Recovery Fees) Regulations 2013 are revoked.

Section 1 Interpretation

In this Schedule—

“academic visitor” has the same meaning as provided in the immigration rules;

“immigration and nationality fees regulations” means regulations made under sections 51(3) and 52(1) and (3) of the Immigration, Asylum and Nationality Act 2006;

“Visitor in Transit” has the same meaning as provided in the immigration rules.

Section 2 Fees for applications for entry clearance to enter the United Kingdom

(1) Table 1 specifies the amount of the fees for the specified applications for entry clearance to enter the United Kingdom.

(2) Table 2 provides for exceptions to the requirement to pay the fees specified in Table 1.

(3) Table 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 1 in certain circumstances.

Section 1 Interpretation

In this Schedule—

“certificate of sponsorship” means an authorisation issued by the Secretary of State to a sponsor in respect of an application, or potential application, for leave to enter or leave to remain in the United Kingdom;

“Highly Trusted Sponsor Status” has the same meaning as provided in the immigration rules;

“register of licensed sponsors” means the register, maintained by the Secretary of State, of persons holding sponsor licences;

“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; or

a 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;

“Tier” means the route, provided for in the immigration rules, by which a person seeking leave to enter or remain in the United Kingdom as a Tier 2 Migrant, a Tier 4 Migrant, a Tier 5 Migrant or a Tier 5 (Temporary Worker) Migrant applies for such leave to enter or remain.

Section 2 Fees for applications for sponsor licences, highly trusted sponsor status and related applications and processes

(1) Table 4 specifies the amount of the fees for the specified applications for sponsor licences.

(2) Paragraph 3 makes provision for the amount of the fees (if any) to be paid in respect of—

(a) applications for sponsor licences in respect of more than one Tier;

(b) applications to add an additional Tier or additional Tiers to an existing valid sponsor licence; and

(c) applications for an additional licence or additional licences by a person holding an existing valid sponsor licence.

(3) Table 5 specifies the amount of the fees for other specified applications and processes in connection with sponsorship.

Section 3 Fees for other applications in connection with sponsorship

(1) Where a person applies for a sponsor licence in respect of two or more Tiers, the fee payable is the highest fee chargeable in respect of a licence for any of the Tiers applied for.

(2) Subject to sub-paragraph (3), where a person holding an existing valid sponsor licence applies to add an additional Tier or additional Tiers to that licence, the fee payable is the sum equivalent to the difference (if any) between the fee already paid for the licence, and the highest fee chargeable in respect of a licence for any of the additional Tiers applied for.

(3) If the fee already paid is equal to or greater than that chargeable in respect of a licence for each additional Tier applied for, no further fee is payable.

(4) Where a person holding an existing valid sponsor licence applies for a separate licence in respect of an additional Tier, the fee payable is the full fee chargeable in respect of a licence for that Tier.

Section 1 Interpretation

(1) In this Schedule—

“the 2006 Regulations ” means the Immigration (European Economic Area) Regulations 2006 ;

“assistance by a local authority” means assistance, accommodation or maintenance provided by a local authority (or, in Northern Ireland, an authority which has the same meaning as provided in article 2(2) of the Children (Northern Ireland) Order 1995 ) under—

section 17, 20 or 23 of the Children Act 1989 ;

section 22, 25 or 26 of the Children (Scotland) Act 1995 ; or

article 18, 21 or 27 of the Children (Northern Ireland) Order 1995;

“certificate of travel” means a travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally, and in the view of the Secretary of State, unreasonably refused a passport by the authorities in their own country and who have been—

granted limited leave to remain in the United Kingdom or humanitarian protection under the immigration rules on rejection of a claim for asylum or for recognition as a stateless person; or

granted indefinite leave to remain in the United Kingdom.

“claim for asylum” means a claim within the meaning of section 94(1) of the 1999 Act ;

“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 ;

“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;

“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 ;

“work permit holder” means a person holding an extant work permit granted under the work permit provisions formerly contained in the immigration rules .

(2) For the purposes of this Schedule a claim for asylum is to be taken to be determined—

(a) on the date 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, on the date on which the appeal is disposed of; or

(c) if the claimant has brought an appeal from within the United Kingdom against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of.

Section 2 Fees for documents relating to immigration

(1) Table 6 specifies the amount of the fees for the specified applications for documents relating to immigration.

(2) Table 7 provides for exceptions to the requirement to pay the fees specified in Table 6 for applications for travel documents.

(3) Table 8 specifies the amount of the fees for the specified applications for biometric immigration documents and the process used to take a record of a person’s biometric information.

(4) Table 9 provides for exceptions to the requirement to pay the fees specified in Table 8.

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

£107

Section 3 Waiver in respect of the fee listed at Table 8.4.5

The Secretary of State may waive the specified fee in respect of the process used to take a record of a person’s biometric information.

Section 1 Interpretation

In this Schedule—

“application for registration or naturalisation” means—

an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act ;

an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act;

an application for registration as a British citizen under section 1(3) , (3A) or (4), 3(1), (2) or (5) , 4(2) or (5), 4A , 4B , 4D , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act;

an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 1997 ;

an application for registration as a British overseas territories citizen under section 13(1) or (3) of the 1981 Act (as applied by section 24 of that Act), or sections 15(3) or (4) , 17(1) , (2) or (5) , or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to, that Act;

an application for registration as a British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act;

an application for registration as a British protected person under article 7 of the 1982 Order ; or

an application for registration as a British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;

“certificate of registration or naturalisation” means a certificate of registration or naturalisation issued under the 1981 Act.

Section 2 Fees for applications, processes and services in connection with nationality

(1) Table 10 specifies the amount of fees for the specified applications, processes and services in connection with nationality.

(2) The fees specified in Table 10 are subject to paragraph 3 (Multiple declarations of renunciation of British citizenship).

Section 3 Multiple declarations of a renunciation of British citizenship

Where a person—

(a) makes a declaration of a renunciation for which the fee is specified in Table 10; and

(b) at the same time makes another such declaration;

the total fee payable in respect of those declarations is the same as that for registration of a single declaration.

Section 4 Responsibility for paying the fee for the arrangement of a citizenship ceremony

(1) The fee specified in fee 10.4.1 in Table 10 for the arrangement of a citizenship ceremony is payable by the person who is required by section 42 of the 1981 Act to make a citizenship oath and pledge at a citizenship ceremony.

(2) Where the fee for the arrangement of a citizenship ceremony is not paid in accordance with sub-paragraph (1), the Secretary of State will not consider any related application for registration or naturalisation made by the person responsible for paying that fee.

Section 5 Refunds of fees for the arrangement of a citizenship ceremony where an application is refused or the requirement to attend the ceremony is disapplied

Where the fee specified in fee 10.4.1 in Table 10 for the arrangement of a citizenship ceremony is paid in accordance with paragraph 4 it must be refunded where—

(a) the Secretary of State refuses to arrange the citizenship ceremony; or

(b) the Secretary of State decides that the registration should be effected or the certificate of naturalisation should be granted, but disapplies the requirement to make a citizenship oath and pledge at a citizenship ceremony because of the special circumstances of the case.

Section 1 Interpretation

In this Schedule—

“the 1968 Act ” means the Consular Relations Act 1968 ;

“consular employee” has the same meaning as provided in Article 1(1)(e) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;

“consular officer” has the same meaning as provided in Article 1(1)(d) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;

“consular post” has the same meaning as provided in Article 1(1)(a) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;

“consular premises” has the same meaning as provided in Article 1(1)(j) of the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;

“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;

“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).

Section 2 Fees for the exercise of consular functions in connection with immigration and nationality

(1) Table 11 specifies the amount of the fees for the exercise of the specified consular functions.

(2) The fees in Table 11 are subject to paragraph 3 (charges for travel time where services are provided away from consular premises) and paragraph 4 (discretion to waive fees for the services of consular officers or employees).

Section 3 Charges for travel time when services are provided away from consular premises.

For the purposes of calculation of the fee specified in fee 11.1.1 in Table 11, the hours or part hours during which the services of consular officers or employees are provided includes travel time where those services are provided away from the consular premises.

Section 4 Discretion to waive fees for the services of consular officers or employees

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 11 where the official considers it is appropriate to do so in the particular circumstances of the case.

Section 1 Interpretation

In this Schedule—

“main applicant” means a 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.

Section 2 Fee for the administration of the Life in the UK Test

A fee of £50 is payable for the administration of the Life in the UK test, as provided for in Appendix KoLL (Knowledge of Language and Life) to the immigration rules.

Section 3 Fee for the process of administrative review, together with provision for exemption from, and waiver or reduction of, that fee

(1) Subject to sub-paragraphs (2) to (5), a fee of £80 is payable by an applicant requesting administrative review of:

(a) a single decision; or

(b) two (or more) decisions relating to applications or claims made by a main applicant and a dependant (or dependants) of that person.

(2) No fee is payable for the administrative review of a decision if the applicant was exempt from payment of the fee for the application or claim to which that decision related (the “connected application”), or if the fee for the connected application was waived.

(3) If the outcome of the administrative review is that the decision in relation to the connected application is maintained, but for different or additional reasons to those specified in the decision under review, no fee is payable in respect of any request for administrative review of the revised decision, or of any subsequent decision made in relation to the connected application .

(4) The Secretary of State must refund the fee specified in sub-paragraph (1) if the outcome of the administrative review is that the decision in relation to the connected application is withdrawn.

(5) The Secretary of State may waive or reduce the fee specified in sub-paragraph (1).