The Immigration and Nationality (Fees) Regulations 2014

• Citation: S.I. 2014/922
• Sections: 33

Section 1 Citation and commencement

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

Section 2 Interpretation

(1) In these Regulations—

“the 1971 Act ” means the Immigration Act 1971 ;

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

“approval letter from a designated competent body” means a letter from a designated competent body within the meaning of the immigration rules endorsing a proposed application for leave to remain in, or leave to enter the United Kingdom as a Tier 1 (Exceptional Talent) Migrant;

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

“ 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 ;

“ Channel Islands ” means the Bailiwick of Guernsey and the Bailiwick of Jersey;

“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 and nationality to applicants outside the United Kingdom;

“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;

“ EC Association Agreement with Turkey ” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963 ;

“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;

“immigration or nationality application” means an application for which a fee is specified in these Regulations or other immigration and nationality fees regulations;

“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.

“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;

“main applicant” means a person who has made an application for leave to enter or remain in the United Kingdom, or has been granted leave to enter or remain in the United Kingdom, as distinct from a person applying as the dependant of such a person;

“Points-Based System” has the same meaning as provided in the immigration rules;

“shortage occupation certificate of sponsorship” means a certificate of sponsorship issued in respect of an applicant applying for leave to remain in the United Kingdom in order to take up employment in an occupation listed in the Shortage Occupation List set out in Appendix K to the immigration rules;

“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 1 (Entrepreneur) Migrant”, “Tier 1 (Exceptional Talent) Migrant”, “Tier 1 (General) Migrant”, “Tier 1 (Graduate Entrepreneur) Migrant”, “Tier 1 (Investor) Migrant”, and “Tier 1 (Post-Study Work) Migrant” have the same meaning as provided in the immigration rules;

“Tier 2 Migrant”, “Tier 2 (General) Migrant”, “Tier 2 (Intra-Company Transfer) Long Term Staff Migrant”, “Tier 2 (Intra-Company Transfer) Short Term Staff Migrant”, “Tier 2 (Sportsperson) Migrant”, “Tier 2 (Minister of Religion) Migrant”, “Tier 2 (Graduate Trainee”) Migrant” and “Tier 2 (Skills Transfer) Migrant” have the same meaning as provided in the immigration rules;

“Tier 4 Migrant” has the same meaning as provided in the immigration rules;

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

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

(2) In these Regulations, “entry clearance” has the same meaning as provided in section 33(1) of the 1971 Act , save that in regulation 7 and Schedule 5, it has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Channel Islands .

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

Schedule 1 (Fees for 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 and variation of such leave for the purposes of article 3(2)(a) and (c) of the 2011 Order;

(ii) an application for an approval letter from a designated competent body for the purposes of article 3(2)(f) of the 2011 Order; and

(b) exceptions to the requirement to pay the fees referred to in paragraph (a)(i).

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

Schedule 2 (Fees for applications for entry clearance 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 3(2)(b) of the 2011 Order;

(ii) an application for an approval letter from a designated competent body for the purposes of article 3(2)(f) of the 2011 Order; and

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

Section 5 Fees for applications, processes and services in connection with immigration and nationality

Schedule 3 (Fees in relation to Sponsor Licences) has effect to specify the amount of the fees for specified applications for sponsor licences, for premium customer services for sponsors, and for related processes for the purposes of articles 3(2)(t) and (u), 4(m), and 5 of the 2011 Order.

Section 6 Fees for applications, processes and services in connection with immigration and nationality

Schedule 4 (Fees for applications in connection with nationality) has effect to specify the amount of fees for specified applications in connection with nationality for the purposes of article 3(2)(h), (j), (k), (l), (m), (n), (o) and (p) of the 2011 Order.

Section 7 Fees for applications, processes and services in connection with immigration and nationality

Schedule 5 (Fees for entry clearance to enter the Channel Islands) has effect to specify the amount of fees for specified applications for entry clearance to enter either of the Channel Islands for the purposes of article 6 of the 2011 Order and exceptions to the requirement to pay such fees and circumstances in which such fees may be waived or reduced.

Section 8 Fees for applications, processes and services in connection with immigration and nationality

Schedule 6 (Fees for expediting applications, applications made in person, and optional services for applicants within the United Kingdom) has effect to specify—

(a) the amount of the fees for—

(i) the attendance by a representative of the Secretary of State at a location of the applicant’s choosing, for the purposes of article 4(i) of the 2011 Order;

(ii) the provision of services outside office hours for the purposes of article 4(j) of the 2011 Order;

(iii) the provision of arrangements for expediting the processing of immigration and nationality applications, made from within the United Kingdom, for the purposes of article 4(k) of the 2011 Order;

(iv) the provision of arrangements enabling immigration or nationality applications made from within the United Kingdom to be made in person, for the purposes of article 4(l) of the 2011 Order;

(v) optional services enabling expedited entry into the United Kingdom, for the purposes of article 4(q) of the 2011 Order; and

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

Section 9 Fees for applications, processes and services in connection with immigration and nationality

Schedule 7 (Fees for expediting applications, applications made in person, and optional services for applicants outside the United Kingdom) has effect to specify—

(a) the amount of the fees for—

(i) the acceptance or processing of an immigration or nationality application, or of information (including biometric information) in relation to such an application from outside the United Kingdom at a facility managed by a contractor or at any other place for the purposes of article 4(o) of the 2011 Order;

(ii) the provision of arrangements for expediting the processing (or an element of the processing) of immigration or nationality applications, made outside the United Kingdom, for the purposes of article 4(k) of the 2011 Order;

(iii) the provision by a contractor of services outside the United Kingdom outside office hours for the purposes of article 4(j) of the 2011 Order;

(iv) the provision of advice and assistance in relation to an immigration or nationality application to applicants outside the United Kingdom by way of the international contact centre service, for the purposes of article 7(a) of the 2011 Order; and

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

Section 10 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 11 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 the specified fee.

Section 12 Revocation

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

Section 1 Interpretation

(1) In this Schedule—

“Article 3 or Refugee Convention application” means an application for leave to remain in the United Kingdom made on the basis that the applicant is—

a person making a claim for asylum which has either not been determined or has been granted;

a person who has been granted humanitarian protection under the immigration rules;

a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum;

a person who is a dependant of a person referred to in paragraph (a), (b) or (c) and is applying for leave to enter or remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

a child who does not come within paragraph (d) who was born in the United Kingdom to a person referred to in paragraph (a), (b) or (c);

“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;

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

“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998 ;

“indefinite leave to remain” means leave to remain in the United Kingdom for an indefinite period;

“limited leave to remain” means leave to remain in the United Kingdom for a limited period;

“qualifying work permit holder” means an applicant for limited leave to remain in the United Kingdom who—

was granted leave to remain in the United Kingdom for 3 years as a Tier 2 Migrant on the basis that they were a Qualifying Work Permit Holder under Part 6A of the immigration rules;

is applying to extend the duration of that leave to remain to 5 years; and

is still working for the same employer and in the same role as they were when that leave to remain was granted;

“Specified Human Rights Application” means an application for limited leave to remain in the United Kingdom under—

paragraph 276ADE of the immigration rules;

section R-LTRP.1.1 of Appendix FM to the immigration rules;

section R-LTRPT.1.1 of Appendix FM to the immigration rules; or

any other application which is not an Article 3 or Refugee Convention application and in which the applicant relies solely or primarily on a claim that to remove a person from the United Kingdom or to require a person to leave the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention rights).

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

(a) the day on which the Secretary of State notifies the claimant of her decision on the claim;

(b) if the claimant has appealed against the Secretary of State’s decision, the day 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, and in connection with, applications for leave to remain in the United Kingdom

(1) Table 1 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom.

(2) Table 1.2.1 specifies the amount of the fee for an approval letter from a designated competent body.

(3) Table 2 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom by a dependent of a main applicant.

(4) Table 3 specifies the amount of the fees for the specified applications for indefinite leave to remain in the United Kingdom.

(5) Table 4 provides for exceptions to the requirement to pay the fees specified in Tables 1, 2 and 3.

(6) Paragraph 3 makes provision for the amount of the fees to be paid in respect of an application for limited leave to remain in the United Kingdom by a dependant of a main applicant, in cases where Table 2 does not apply.

(7) The fees specified in Tables 1 and 3 are subject to paragraph 4 (Applications by CESC nationals ), and the fees specified in Tables 1, 2 and 3 are subject to paragraph 5 (Multiple applications for leave to remain in the United Kingdom).

Fees 1.1.1,

3.1.1

No fee is payable in respect of an application for variation of the conditions attached to a grant of limited leave to remain in the United Kingdom, in order to be permitted access to public funds, by a person who has been granted such leave under—

paragraph 276BE of the immigration rules;

paragraph D-LTRP.1.2 of Appendix FM to the immigration rules; or

paragraph D-LTRPT.1.2 of Appendix FM to the immigration rules.

Section 3 Applications by dependants

Except in respect of applications for which a fee is specified in Table 2, and subject to the exceptions set out in Table 4, the fee for an application for leave to remain made by a dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 1 or 3 (as the case may be) in respect of the main applicant’s application.

Section 4 Reduction in fees for certain applications made by CESC Nationals

(1) Where an application for leave to remain in the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 1 must be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for leave to remain in the United Kingdom as—

(i) a Tier 1 (Entrepreneur) Migrant;

(ii) a Tier 1 (Exceptional Talent) Migrant;

(iii) a Tier 1 (General) Migrant;

(iv) a Tier 1 (Graduate Entrepreneur) Migrant;

(v) a Tier 2 Migrant;

(vi) a Tier 5 (Temporary Worker) Migrant;

(vii) a work permit holder; or

(viii) a Highly Skilled Migrant within the meaning provided in the immigration rules.

Section 5 Multiple applications for leave to remain in the United Kingdom

(1) Where two or more applications for leave to remain in the United Kingdom in respect of the same person—

(a) are made at the same time; or

(b) are being considered at the same time by the Secretary of State,

a fee is payable only in respect of one of those applications.

(2) The fee payable under sub-paragraph (1) must—

(a) be the higher, or the highest, of the fees specified in respect of those applications; or

(b) in any case where the fee specified for each application is the same, the fee for a single application.

Section 1 Fees for, and in connection with, applications for entry clearance to enter the United Kingdom

(1) Table 5 specifies the amount of the fees for the specified applications for entry clearance to enter the United Kingdom, and the amount of the fee for an application for an approval letter from a designated competent body.

(2) Table 6 specifies the amount of the fee for specified applications for entry clearance to enter the United Kingdom by a dependant of the main applicant.

(3) Table 7 specifies the amount of the fee for an application for indefinite leave to enter the United Kingdom as the dependant of a member of HM forces.

(4) Table 8 provides for exceptions to the requirement to pay the fees specified in Tables 5, 6 and 7, and Table 9 confers a discretion on the Secretary of State to waive or reduce the fees specified in Tables 5, 6 and 7 in certain circumstances.

(5) Paragraph 2 makes provision for the amount of fees to be paid in respect of an application for entry clearance to enter the United Kingdom by a dependant of a main applicant in cases where Table 6 does not apply.

(6) The fees specified in Table 5 are subject to paragraph 3 (Applications by CESC nationals).

Application to the Home Office for an approval letter from a designated

competent body in respect of a proposed application for entry clearance as a Tier 1 (Exceptional Talent) Migrant.

Application for entry clearance as a Tier 1 (Exceptional Talent)

Migrant where fee 5.2.1 applies.

Application for entry clearance as the dependant of a student under

paragraphs 76 to 81 of the immigration rules.

Section 2 Applications by dependants

Except in respect of applications for which a fee is specified in number 5.4.2 of Table 5, Table 6, or number 7.1.1 of Table 7, and subject to the exceptions and waivers set out in Tables 8 and 9, the fee for an application for entry clearance to enter the United Kingdom made by a dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 5 in respect of the main applicant’s application.

Section 3 Applications by CESC Nationals

(1) Where an application for entry clearance to enter the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 5 must be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for entry clearance to enter the United Kingdom as—

(i) a Tier 1 (Entrepreneur) Migrant;

(ii) a Tier 1 (Exceptional Talent) Migrant;

(iii) a Tier 1 (General) Migrant;

(iv) a Tier 1 (Graduate Entrepreneur) Migrant;

(v) a Tier 2 Migrant;

(vi) a Tier 5 (Temporary Worker) Migrant;

(vii) a work permit holder; or

(viii) a Highly Skilled Migrant within the meaning provided in the immigration rules.

Section 1 Fees for applications for sponsor licences, for certificates of sponsorship or for premium customer services

(1) In this Schedule—

“premium customer services” means the optional premium customer 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; 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;

(2) In this Schedule, reference to Tier 2, Tier 4 and Tier 5 premium customer services means the premium customer services offered to sponsors of persons applying for leave to remain in the United Kingdom under the stated Tier.

Section 2 Fees for applications for sponsor licences, for certificates of sponsorship or for premium customer services

Table 10 specifies the amount of the fees for the specified applications for sponsor licences or the renewal of such a licence where the application is not in respect of a small or charitable sponsor, for the issuing of certificates of sponsorship, and for premium customer services for sponsors.

Section 1 Interpretation

(1) In this Schedule—

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

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

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

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

“application for registration as a British citizen under the 1981 Act” means 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 the 1981 Act, or paragraph 3 , 4 or 5 of Schedule 2 to that Act;

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

“application for registration as a British overseas territories citizen” means an application for registration as a British overseas territories citizen under sections 13(1) or (3) of the 1981 Act (as applied by section 24 of that Act), or section 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;

“application for registration as a British overseas citizen” means 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;

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

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

(2) In this Schedule, subject to regulation 11 of these Regulations, an application is ‘made’ on the date on which it is received by the Secretary of State or any person appointed to receive nationality applications.

Section 2 Fees for applications relating to nationality

Table 11 specifies the amount of the fees for the specified applications relating to nationality.

Section 1 Interpretation

In this Schedule “work permit employment” means employment as a work permit holder under—

(a) rules made by the States of Guernsey Home Department in respect of the Bailiwick of Guernsey under section 3(2) of the 1971 Act .

(b) rules made by the Minister for Home Affairs in respect of the Bailiwick of Jersey under section 1(4) of the 1971 Act .

Section 2 Fees for applications for entry clearance to enter the Channel Islands

(1) Table 12 specifies the amount of the fees for the specified applications for entry clearance to enter either of the Channel Islands where such applications are received outside the British Islands.

(2) Table 13 confers a discretion on the Secretary of State to waive the fees specified in Table 12.

(3) Paragraph 3 makes provision for the fees for applications for entry clearance to enter either of the Channel Islands by a dependant of a main applicant where such applications are received outside the British Islands.

Section 3 Applications by dependants

Subject to the Secretary of State’s discretion to waive payment of a fee in accordance with the provision made in Table 13, the fee for an application for entry clearance to enter the Channel Islands as a dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 12 in respect of the main applicant’s application.

Section 1 Interpretation

In this Schedule—

“online application” means an application made via the public website maintained by the Home Office;

“Premium Services Centre” means a public office of the Home Office, at which applicants can access certain optional services in connection with immigration or nationality applications;

“registered travellers scheme” means the discretionary service offered by the Home Office enabling the expedited entry of persons registered on the scheme into the United Kingdom, or the transit of such persons through the United Kingdom;

“super premium service” means the super premium service for processing applications for leave to remain in the United Kingdom offered by the Home Office.

Section 2 Fees for the provision of certain optional services in the United Kingdom, including the expedition of immigration or nationality applications

(1) Table 14 specifies the amount of the fees for the provision of the specified services.

(2) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 14.

Section 3 Waiver or reduction of fees specified in Table 14

The Secretary of State may waive or reduce any fee in respect of an application or service specified in Table 14.

Section 1 Interpretation

In this Schedule—

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

“biometric information” means any information about an applicant’s external physical characteristics which an applicant must provide in order to obtain a biometric immigration document;

“international contact centre service” means the service by which advice and assistance in relation to immigration or nationality applications is provided to applicants outside the United Kingdom;

“priority settlement service” means the optional priority service offered to applicants outside the United Kingdom, by which applications for settlement are processed on an expedited basis;

“priority visa service” means the optional priority service offered to applicants outside the United Kingdom, by which applications for entry clearance to enter the United Kingdom are processed on an expedited basis;

“super priority visa service” means the optional priority service offered to applicants outside the United Kingdom, by which it is aimed to process applications for entry clearance to enter the United Kingdom within 24 hours of receipt of the application;

“User-Pays Visa Application Centre” means an office located outside the United Kingdom and managed by a contractor, at which applicants can access certain services in connection with immigration or nationality;

“web-chat facility” means the facility enabling applicants to communicate directly with an advisor at the international contact centre service, via the Internet.

Section 2 Fees for the submission and processing of immigration and nationality applications outside the United Kingdom, together with fees for connected services

(1) Table 15 specifies the amount of fees for the provision of the specified services.

(2) Paragraph 3 confers a discretion on the Secretary of State to waive the fees specified in Table 15.

Section 3 Waiver or reduction in respect of the fees listed in Table 15

The Secretary of State may waive or reduce any fee in respect of an application or service specified in Table 15.