The Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018

• Citation: S.I. 2018/999
• Sections: 7

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) (EU Exit) (No. 2) Regulations 2018.

(2) Except as provided by paragraphs (3) and (4), these Regulations come into force on 8th October 2018.

(3) Regulation 3(2) (amendment to the definition of “administrative review”) comes into force on the day that changes in the immigration rules come into force providing for the administrative review of decisions in respect of applications under Appendix EU to those rules .

(4) Regulation 6(h) (fee for a contractor making equipment available for taking a record of biometric information) comes into force on 10th October 2018.

(5) The amendments made by these Regulations have the same extent as the provisions they amend.

Section 2 Amendments to the Immigration and Nationality (Fees) Regulations 2018

The Immigration and Nationality (Fees) Regulations 2018 are amended as follows.

Section 3 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Regulation 2 (interpretation) is amended as follows.

(2) In the definition of “administrative review”, at the end insert “or, for the purposes of paragraphs 1 and 3 of Schedule 11 as they apply to the review of a decision in respect of an application under Appendix EU to the immigration rules, as provided in the provisions of those rules that provide for such a review”.

(3) In the definition of “certificate of sponsorship”—

(a) in paragraph (a) omit “in respect of the United Kingdom”;

(b) omit paragraph (b).

(4) In the definition of “shortage occupation certificate of sponsorship”—

(a) in paragraph (a) omit “in respect of the United Kingdom”;

(b) omit paragraph (b).

(5) In the definition of “sponsor”—

(a) in paragraph (a) omit “in respect of the United Kingdom”;

(b) omit paragraph (b).

(6) In the definition of “sponsored worker”—

(a) in paragraph (a) omit “in respect of the United Kingdom”;

(b) omit paragraph (b).

(7) In the definition of “Tier 2 Migrant”, “Tier 2 (General) Migrant”, “Tier 2 (Intra-Company Transfer) Migrant”, “Tier 2 (Minister of Religion) Migrant” and “Tier 2 (Sportsperson) Migrant”—

(a) in paragraph (a) omit “in respect of the United Kingdom”;

(b) omit paragraph (b).

(8) In the definition of “Tier 2 (Intra-Company Transfer) Long Term Staff Migrant”, “Tier 2 (Intra-Company Transfer) Graduate Trainee Migrant”, and “Tier 2 (Intra-Company Transfer) Short Term Staff Migrant”—

(a) in paragraph (a) omit “in respect of the United Kingdom”;

(b) omit paragraph (b).

Section 4 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Schedule 2 (applications for leave to remain in the United Kingdom) is amended as follows.

(2) In Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom) at the end insert—

(3) In paragraph 5—

(a) in sub-paragraph (1)(b) after “before that application” insert “(“the first application”)”;

(b) in sub-paragraph (2) at the end insert “, subject to sub-paragraph (3)”;

(c) after sub-paragraph (2) insert—

(3) Where sub-paragraph (1) applies and the further application is an application under Appendix EU to the immigration rules, sub-paragraph (2) does not apply and the Secretary of State must refund any fee (or fees) paid in respect of the first application.

Section 5 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Schedule 3 (documents and administration) is amended as follows.

(2) In paragraph 2(2) at the end insert “and for processing an application or claim which is later rejected as invalid”.

(3) In Table 10 (fees for miscellaneous documents and services)—

(a) in 10.8 in the heading, for “Fee” substitute “Fees”;

(b) in 10.8.1 in the second column at the end insert “, other than an application to which 10.8.2 or 10.8.3 applies”;

(c) after 10.8.1 insert—

(4) In Table 11 (exceptions to requirement to pay fees for applications for travel documents)—

(a) in the heading, after “travel documents” insert “and for processing an application or claim later rejected as invalid”;

(b) at the end insert—

No fee is payable in respect of the processing of an application or claim which is rejected as invalid prior to a decision being issued where—

no fee was payable in respect of that application or claim; or

a fee was payable in respect of that application or claim but no fee was paid at the time the application or claim was made.

Section 6 Amendments to the Immigration and Nationality (Fees) Regulations 2018

In Schedule 6 in Table 17 (premium services in the United Kingdom)—

(a) in 17.1.2—

(i) in the second column omit “, and is not made under the super premium service”;

(ii) in the third column for “£510” substitute “£610”;

(b) in 17.2 for the heading substitute “Fee for the provision of a service outside office hours”;

(c) omit 17.2.1;

(d) in 17.2.2 for the words in the second column substitute “The provision of a service outside office hours at a premium service centre operated by the Home Office, where the application is made in the United Kingdom and the fee at 17.1.2 is also payable.”;

(e) omit 17.3, 17.3.1 and 17.3.2;

(f) in 17.4 in the heading, for “Fees” substitute “Fee for attendance by a representative of the Secretary of State”;

(g) omit 17.4.2;

(h) after 17.4.1 insert—

Section 7 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Schedule 9 (applications in relation to entry clearance to enter the Isle of Man and premium services) is amended as follows.

(2) In Table 21 (fees for applications for entry clearance to enter the Isle of Man) omit 21.2.9 to 21.2.13.

(3) In Table 22 (specified fees for dependants) omit 22.1.4.

(4) In paragraph 4(2) omit paragraph (d).