The Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019

• Citation: S.I. 2019/475
• Sections: 12

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019.

(2) Except as provided by paragraphs (3) to (5), these Regulations come into force on 29th March 2019.

(3) The following come into force at 7.00 a.m. on 30th March 2019—

(a) paragraph (6) of this regulation;

(b) regulation 2;

(c) regulation 4(2);

(d) regulation 5(4) so far as it inserts 4.5 and 4.5.1 in Table 4 in Schedule 1 to the Immigration and Nationality (Fees) Regulations 2018 ;

(e) regulation 6(2) and (5) to (8);

(f) regulation 7(2), (3)(b) and (d) to (f) and (4);

(g) regulation 11(2), (3), (5) and (6);

(h) regulation 12.

(4) Regulation 5(4), so far as it inserts 4.6 and 4.6.1 in Table 4 in Schedule 1 to the Immigration and Nationality (Fees) Regulations 2018, comes into force on 6th April 2019.

(5) Regulation 8(3)(d), (e) and (f) comes into force on 1st July 2019.

(6) Regulation 2 extends to England and Wales, Scotland and Northern Ireland.

(7) The amendments made by regulations 3 to 12 have the same extent as the provisions they amend.

Section 2 EU Settlement Scheme applications: refund and waiver of fees

(1) In this regulation “EU Settlement Scheme application” means an application under Appendix EU to the immigration rules for leave to remain in the United Kingdom.

(2) The Secretary of State must refund any fee paid before 7.00 a.m. on 30th March 2019 under the Immigration and Nationality (Fees) Regulations 2018 in respect of—

(a) an EU Settlement Scheme application (whether or not the application had been made immediately before that time), or

(b) the processing of an EU Settlement Scheme application which was rejected as invalid prior to a decision being issued.

(3) The Secretary of State must waive the payment of any fee which was required to be paid under the Immigration and Nationality (Fees) Regulations 2018 in respect of an EU Settlement Scheme application made before 7.00 a.m. on 30th March 2019, where—

(a) the fee had not been paid immediately before that time, and

(b) the application had not been determined immediately before that time.

(4) In paragraphs (2) and (3) any reference to a fee includes a reference to part of a fee.

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

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

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

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

(2) For the definition of “administrative review” substitute—

“administrative review” means administrative review under Appendix AR or Appendix AR (EU) to the immigration rules;

(3) After the definition of “indefinite leave” insert—

“Innovator” has the meaning given in paragraph 6 of the immigration rules;

(4) After the definition of “sponsored worker” insert—

“Start-up Migrant” has the meaning given in paragraph 6 of the immigration rules;

(5) For 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” substitute—

“Tier 2 (Intra-Company Transfer) Long Term Staff Migrant” and “Tier 2 (Intra-Company Transfer) Graduate Trainee Migrant” mean a Tier 2 (Intra-Company Transfer) Migrant granted leave in, respectively, the Long Term staff sub-category or the Graduate Trainee sub-category within the meaning of Part 6A of the immigration rules;

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

(1) Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) is amended as follows.

(2) In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom)—

(a) in 1.1.1 in the third column for “£93” substitute “£95”;

(b) in 1.1.2 in the third column for “£350” substitute “£361”;

(c) in 1.1.3 in the third column for “£636” substitute “£655”;

(d) in 1.1.4 in the third column for “£798” substitute “£822”;

(e) in 1.1.5 in the third column for “£186” substitute “£190”;

(f) in 1.1.6 in the third column for “£186” substitute “£190”;

(g) in 1.1.8 in the third column for “£93” substitute “£95”;

(h) after 1.3.13 insert—

(3) In Table 2 (specified fees for dependants) omit 2.1.4.

(4) In Table 4 (exceptions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom) at the end insert—

No fee is payable in respect of an application for entry clearance to enter the United Kingdom made by—

(a) a relevant Afghan citizen (within the meaning given by paragraph 276BB1 of the immigration rules) in connection with an application under paragraph 276BA1 of the immigration rules for limited leave to enter the United Kingdom;

(b) the partner of a relevant Afghan citizen (within the meaning given by paragraph 276BK1 of the immigration rules) in connection with an application under paragraph 276BA1 or 276BJ1 of the immigration rules for limited leave to enter the United Kingdom; or

(c) the minor dependent child of a relevant Afghan citizen or their partner (within the meaning given by paragraph 276BP1 of the immigration rules) in connection with an application under paragraph 276BA1 or 276BO1 of the immigration rules for limited leave to enter the United Kingdom.

(5) In paragraph 4(2)—

(a) omit the “or” after paragraph (d);

(b) after paragraph (e) insert—

(f) an Innovator; or

(g) a Start-up Migrant.

Section 6 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 paragraph 2—

(a) in sub-paragraph (3) omit “, other than an application to which Table 8A applies”;

(b) omit sub-paragraph (3A);

(c) in sub-paragraphs (4) and (6) for “, 8 and 8A” substitute “and 8”.

(3) In Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications) after 6.2.13 insert—

(4) In Table 7 (fees for specified applications for limited leave to remain in the United Kingdom as a dependant) omit 7.1.3.

(5) In Table 8 (fees for applications for indefinite leave to remain in the United Kingdom)—

(a) in the table heading omit “, other than applications to which Table 8A applies”;

(b) in 8.1.1 in the second column omit “, other than an application to which Table 8A applies”.

(6) Omit Table 8A (fees for applications for leave to remain in the United Kingdom made under Appendix EU to the immigration rules).

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

(a) in 9.6 in the third column omit “, 8A.1.1, 8A.1.2”;

(b) omit 9.13;

(c) at the end insert—

(8) In paragraph 3 omit “(other than an application to which Table 8A applies)”.

(9) In paragraph 4(2)—

(a) omit the “or” after paragraph (d);

(b) after paragraph (e) insert—

(f) an Innovator; or

(g) a Start-up Migrant.

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

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

(2) In paragraph 1 after the definition of “the 2016 Regulations” insert—

“Appendix EU biometric residence card” means a document (within the meaning given by section 126(9) of the Nationality, Immigration and Asylum Act 2002 ) issued to a person granted leave to remain in the United Kingdom under Appendix EU to the immigration rules on which biometric information is recorded under regulation 6A of the Immigration (Provision of Physical Data) Regulations 2006 ;

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

(a) in 10.5.1—

(i) after paragraph (d) insert “or”;

(ii) omit the “or” after paragraph (e);

(iii) omit paragraph (f);

(b) after 10.5.1 insert—

(c) in 10.7.1 in the third column for “£15” substitute £30”;

(d) in 10.8 in the heading in the second column for “Fees” substitute “Fee”;

(e) in 10.8.1 in the second column omit “, other than an application to which 10.8.2 or 10.8.3 applies”;

(f) omit 10.8.2 and 10.8.3.

(4) In Table 11 (exceptions to requirement to pay fees for applications for travel documents and for processing an application or claim later rejected as invalid), in 11.5—

(a) in the row below the heading—

(i) in the first column insert “11.5.1”;

(ii) in the third column, for “Fees 10.8.1 to 10.8.3” substitute “Fee 10.8.1”;

(b) after that row insert—

Section 8 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Schedule 6 (premium services in the United Kingdom) is amended as follows.

(2) In paragraph 1 omit the definition of “super premium service”.

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

(a) in 17.1.1 in the third column for “£477” substitute “£500”;

(b) in 17.1.2 in the third column for “£610” substitute “£800”;

(c) omit 17.2, 17.2.2, 17.4 and 17.4.1;

(d) in 17.5.1 in the third column for “£3.90” substitute “£5.20”;

(e) omit 17.7.1;

(f) at the end insert—

Section 9 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Schedule 7 (premium services outside the United Kingdom) is amended as follows.

(2) In Table 18 (premium services outside the United Kingdom)—

(a) in 18.1 in the heading in the second column at the end insert “managed by a contractor”;

(b) omit 18.1.2;

(c) in 18.2.1 in the third column for “£212” substitute “£220”.

Section 10 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)—

(a) in 21.1.1 in the third column for “£93” substitute “£95”;

(b) in 21.1.2 in the third column for “£350” substitute “£361”;

(c) in 21.1.3 in the third column for “£636” substitute “£655”;

(d) in 21.1.4 in the third column for “£798” substitute “£822”;

(e) in 21.1.5 in the third column for “£186” substitute “£190”;

(f) in 21.1.6 in the third column for “£186” substitute “£190”.

(3) In Table 25 (premium services outside the United Kingdom and the Isle of Man) in 25.2.1 in the third column for “£212” substitute “£220”.

Section 11 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) is amended as follows.

(2) In paragraph 1—

(a) after “In this Schedule—” insert—

“Guernsey immigration rules” means the rules made by the States of Guernsey Committee for Home Affairs in respect of the Bailiwick of Guernsey under sections 1(4) and 3(2) of the 1971 Act as extended to that bailiwick ;

“Jersey immigration rules” means the rules contained in the directions made by the Minister for Home Affairs in respect of the Bailiwick of Jersey under sections 1(4A) and 3(2) of the 1971 Act as extended to that bailiwick ;

(b) in the definition of “work permit employment” for paragraph (a) substitute—

(a) the Guernsey immigration rules; or

(3) In paragraph 2 after sub-paragraph (1) insert—

(1A) Table 26A provides exceptions from the requirement to pay certain fees in respect of applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey.

(4) In Table 26 (fees for applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey)—

(a) in 26.2.1 in the third column for “£93” substitute “£95”;

(b) in 26.2.2 in the third column for “£350” substitute “£361”;

(c) in 26.2.3 in the third column for “£636” substitute “£655”;

(d) in 26.2.4 in the third column for “£798” substitute “£822”;

(e) in 26.4.1 in the second column at the end insert “, other than an application for entry clearance to enter the Bailiwick of Jersey to which 26.4.1A applies”;

(f) after 26.4.1 insert—

(5) After Table 26 insert—

Table 26A (Exceptions in respect of fees for applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey)

(6) In paragraph 4 at the end insert “, subject to the exceptions in Table 26A”.

(7) In Table 27 (premium services outside the United Kingdom and the relevant bailiwick) in 27.2.1 in the third column for “£212” substitute “£220”.

Section 12 Amendments to the Immigration and Nationality (Fees) Regulations 2018

(1) Schedule 11, paragraph 3 (fee for the process of administrative review) is amended as follows.

(2) In sub-paragraph (3)—

(a) in paragraph (a) after “in respect of any application” insert “other than an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules,”;

(b) after paragraph (a) insert—

(aa) in respect of any application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules before 7.00 a.m. on 30th March 2019, where no fee was payable in respect of the application (except where the payment of the fee was waived under regulation 2(3) of the Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019);

(bb) in respect of any application for leave to remain in the United Kingdom made under that Appendix at or after 7.00 a.m. on 30th March 2019, where the application was made in respect of a person who, when the application was made, was a child and was being looked after by a local authority;

(3) After sub-paragraph (5) insert—

(5A) But sub-paragraph (5) does not apply where the decision under review—

(a) was made in respect of an application for leave to remain in the United Kingdom made under Appendix EU to the immigration rules; and

(b) is withdrawn pursuant to paragraph AR(EU)2.1.(c) of Appendix AR (EU) to the immigration rules (decision found to be incorrect as a result of information or evidence that was not before the original decision-maker) and not also pursuant to paragraph AR(EU)2.1.(a) or (b) of that Appendix.