The Immigration and Nationality (Fees) Order 2016

• Citation: S.I. 2016/177
• Sections: 15

Section 1 Citation, commencement, extent and interpretation

(1) This Order may be cited as the Immigration and Nationality (Fees) Order 2016.

(2) It comes into force on the day after the day on which it is made.

(3) This Order extends to England and Wales, Scotland and Northern Ireland.

(4) Articles 1 to 5A extend to the Isle of Man for the purpose of issuing entry clearance to enter the Isle of Man, and for the purpose of any function incidental to the issue of such entry clearance.

(4A) Article 5B extends to the Isle of Man so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to the Isle of Man; and this article and articles 2 and 3 also extend to the Isle of Man in relation to article 5B as it so extends.

(4B) Article 5C extends to the Isle of Man so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter the Isle of Man; and this article and articles 2 and 3 also extend to the Isle of Man in relation to article 5C as it so extends.

(5) Articles 1 to 5 extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only (subject to paragraphs (5A) and (5B)) for the purpose of granting entry clearance to enter the bailiwick concerned.

(5A) Article 5B extends to the Bailiwick of Guernsey so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Guernsey in relation to article 5B as it so extends.

(5B) Article 5B extends to the Bailiwick of Jersey so far as it relates to the charging of a fee for attending to an application for authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Jersey in relation to article 5B as it so extends.

(5C) Article 5C extends to the Bailiwick of Guernsey so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Guernsey in relation to article 5C as it so extends.

(5D) Article 5C extends to the Bailiwick of Jersey so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Jersey in relation to article 5C as it so extends.

(6) Article 9A extends to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man but only where the services described in that article are provided in relation to the consideration of an application or potential application for entry clearance to enter the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man respectively.

Section 2

In this Order—

“ the 1971 Act ” means the Immigration Act 1971 ;

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

“ the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ;

“ the 1986 Order ” means the Hong Kong (British Nationality) Order 1986 ;

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

“ approval letter ” means a letter signifying approval to an application or request, from a body or a panel of individuals designated by the Secretary of State as competent to issue such letters in respect of a person making or intending to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom;

“ assessment 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;

was taught or researched in English of the appropriate Common European Framework of Reference for Languages level, or above that level; or

meets the conditions in both (a) and (b);

“ basic service ” has the same meaning as provided in regulation 3 of the Immigration Control (Charges) (Basic Service) Regulations 2003 ;

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

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“ British citizen ” means a person who has that status in accordance with the provisions of the 1981 Act, the 1997 Act or the British Overseas Territories Act 2002 ;

“ British National (Overseas) ” means a person who has that status in accordance with the provisions of the 1986 Order;

“ British overseas citizen ” means a person who has that status in accordance with the provisions of the 1981 Act or the 1986 Order;

“ British overseas territories citizen ” means a person who has that status in accordance with the provisions of the 1981 Act;

“ British protected person ” means a person who has that status in accordance with the provisions of the British Protectorates, Protected States and Protected Persons Order 1982 ;

“ British subject ” means a person who has that status in accordance with the provisions of the 1981 Act;

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

“certificate of sponsorship”—

in respect of the United Kingdom 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;

in respect of the Isle of Man means an authorisation, allocated by or on behalf of the Lieutenant-Governor of the Isle of Man to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance to enter the Isle of Man as a sponsored worker;

“ confirmation of acceptance for studies ” 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 student;

“ consular function ” means any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968 or functions in the United Kingdom which correspond with those functions;

“ 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 Consular Relations Act 1968;

“ contact point meeting ” means, in relation to an applicant under Appendix Innovator Founder to the immigration rules, a meeting between the applicant and an endorsing body to assess progress against the applicant’s business plan

“ 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;

“ endorsing body ” means an organisation which is approved by the Secretary of State to endorse an individual or business in connection with an application under the immigration rules

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“entry clearance” –

subject to sub-paragraphs (b) to (d) , has the same meaning as provided in section 33(1) of the 1971 Act ;

in relation to 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 relation to 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 relation to 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 ;

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“ the former nationality Acts ” has the same meaning as provided in section 50(1) of the 1981 Act;

“ immigration decision letter ” means a letter or other document which records a decision in connection with immigration or nationality, but does not provide evidence of leave to enter or leave to remain in the United Kingdom;

“ 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;

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

“leave to enter the United Kingdom” and “leave to remain in the United Kingdom” mean respectively leave to enter the United Kingdom and leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and “ leave to enter or leave to remain in the United Kingdom ” is to be construed accordingly;

“limited leave” and “indefinite leave” respectively have the same meanings as provided in section 33(1) of the 1971 Act;

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

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

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

“ registered traveller service ” 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;

“ right of abode ” has the same meaning as provided in section 2 of the 1971 Act ;

“sponsor”—

in respect of the United Kingdom means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;

in respect of the Isle of Man means a person licensed by or on behalf of the Lieutenant-Governor of the Isle of Man to issue certificates of sponsorship;

“ 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”—

in respect of the United Kingdom 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 or approval under Sponsor a Worker ;

in respect of the Isle of Man means a person seeking entry clearance to the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the Isle of Man immigration rules to obtain a certificate of sponsorship;

“ transfer of conditions ” means an addition to a passport, or other document issued to an applicant, which indicates that a person has been given leave to enter or remain in the United Kingdom;

“ transit visa ” means a document authorising the holder to remain within a port, without passing through immigration control, pending departure from the United Kingdom from that port;

“ 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 either refugees, or stateless, or who cannot obtain or use a passport issued by their own country;

“unsponsored worker”—

in respect of the United Kingdom 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 not required by the immigration rules to obtain a certificate of sponsorship or approval under Sponsor a Worker ;

in respect of the Isle of Man means a person seeking entry clearance to enter the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is not required by the Isle of Man immigration rules to obtain a certificate of sponsorship;

“web-chat facility” means an internet-based facility enabling direct communication in real-time between an advisor and an applicant or their representative .

Section 3 Requirement to pay a fee in respect of the exercise of a function in connection with immigration or nationality

(1) The Secretary of State, or a contractor, or any person appointed by, or acting on behalf of the Secretary of State, must charge the fee specified in fees regulations in respect of the exercise of the functions in connection with immigration or nationality that are specified in this Order.

(2) The fee specified in such regulations may not exceed the maximum amount specified in this Order in respect of the relevant function.

(3) The fee specified in such regulations must be calculated in the manner specified in this Order.

(4) Where no particular manner is specified, the fee must be a fixed amount.

(5) For the purposes of section 69(4) of the Immigration Act 2014, fees paid to an endorsing body for the discharge of functions relating to Appendices Innovator Founder or Scale-up to the immigration rules, may be retained by the endorsing body where the terms of the arrangement between the Secretary of State and the endorsing body so require.

(6) For the purposes of section 69(4) of the Immigration Act 2014, fees paid to a qualifications assessor for the assessment of overseas qualifications may be retained by the qualifications assessor where the terms of the arrangement between the Secretary of State and the qualifications assessor so require.

Section 4 Applications for leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man as a visitor

(1) A fee is to be charged for the consideration of an application for leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, of a type specified in table 1.

(2) Table 1 specifies how the fee is to be calculated and the maximum amount or rate that may be charged in respect of each application.

(3) In this article, an application includes an application for variation of leave to remain in the United Kingdom.

Section 5 Applications for leave to enter or leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, as a sponsored worker, an unsponsored worker, a student or for any other purpose (excluding visits)

(1) A fee is to be charged for the consideration of an application for leave to enter the United Kingdom, leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, of a type specified in table 2.

(2) Table 2 specifies the maximum amount that may be charged in respect of each application.

(3) In this article an application includes an application for variation of leave to enter or leave to remain in the United Kingdom.

Section 5A Amount payable for an approval letter: Isle of Man

(1) A fixed amount of no more than £2,000 is to be charged for consideration of an application or request for an approval letter in relation to an application for entry clearance to enter the Isle of Man.

(2) A fixed amount of no more than £550 is to be charged when a copy, replacement or amended version of an approval letter is requested.

Section 5B Authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man

(1) A fee is to be charged for attending to an application for an authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.

(2) The maximum amount of the fee is £16 .

Section 5C Assessment of overseas qualifications: Bailiwick of Guernsey, Bailiwick of Jersey, Isle of Man

(1) A fee is to be charged for the assessment of overseas qualifications.

(2) The maximum amount of the fee is £400.

Section 6 Documents and administration

(1) A fee is to be charged for —

(a) attending to an application or request for a document of a type specified in table 3; and

(b) carrying out the administrative activities, in connection with an application, claim or request, specified in table 3.

(2) Table 3 specifies how the fee is to be calculated and the maximum amount or rate that may be charged in respect of each document or administrative activity.

Biometric immigration document applied for in accordance with–

(a) regulation 19(1)(a) of the 2008 Regulations to replace a biometric immigration document which has been cancelled under–

(i) regulation 17(b) where the applicant is within the United Kingdom,

(ii) regulation 17(c) to (e),

(iii) regulation 17(f) (other than where the document needs to be reissued because some substantive alteration is required to the information recorded in the cancelled document), or

(iv) regulation 17(g) of those Regulations; ...

(v) regulation 17(j) of those Regulations; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 7 Sponsorship

(1) A fee is to be charged for attending to an application or request for a service or process of a type specified in table 4.

(2) Table 4 also specifies the maximum amount that may be charged in respect of each application, service or process.

Section 8 Consular functions

(1) Table 5 specifies the requests for consular functions for which a fee is to be charged, how the fee is to be calculated and the maximum amount that may be charged in respect of each function.

(2) Table 5 applies in relation to the exercise of consular functions whether those functions are exercised by consular officers or by persons who are not consular officers.

Section 9 Premium services : United Kingdom

Table 6 specifies in respect of the United Kingdom the functions relating to the provision of premium services (other than those services provided to sponsors) and which are exercised following an application, claim or request, for which a fee is to be charged, how the fee is to be calculated and the maximum amount that can be charged in respect of each service.

Section 9A Premium services: the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man

Table 6A specifies, in respect of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man, the functions relating to the provision of premium services which are exercised following an application, claim or request, for which a fee is to be charged, how the fee is to be calculated and the maximum amount that can be charged in respect of each service.

Where provided—

(a) electronically, whether by web-chat facility or email, a fixed amount;

(b) by telephone or in person, rate per minute per contractor.

(a) £6.25

(b) £2.50.

Section 10 Nationality

(1) A fee is to be charged for attending to an application or request for a process or service of a type specified in table 7.

(2) Table 7 specifies the maximum amount that may be charged in respect of each application or request, for a process or service.

Section 11 Revocation and saving

(1) The Immigration and Nationality (Fees) Order 2015 is revoked.

(2) Notwithstanding this revocation, the Immigration and Nationality (Fees) Order 2015 continues to have effect for the purposes of the Immigration and Nationality (Fees) Regulations 2015 .