The Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020

• Citation: S.I. 2020/294
• Sections: 11

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations 2020.

(2) These Regulations come into force on 6th April 2020.

(3) The amendments made by these Regulations have the same extent as the provisions that are amended.

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

In regulation 2—

(a) for the definition of “Innovator” substitute—

“Innovator”—

in respect of the United Kingdom has the meaning given by paragraph 6 of the immigration rules ;

in respect of the Isle of Man has the meaning given by paragraph 6 of the Isle of Man immigration rules ;

(b) for the definition of “Start-up Migrant” substitute—

“Start-up Migrant”—

in respect of the United Kingdom has the meaning given by paragraph 6 of the immigration rules;

in respect of the Isle of Man has the meaning given by paragraph 6 of the Isle of Man immigration rules;

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

In regulation 10—

(a) omit the “and” after paragraph (a);

(b) after paragraph (a) insert—

(aa) an exception to the requirement to pay specified fees referred to in paragraph (a)(i);

(c) after paragraph (b) insert—

; and

(c) the circumstances in which one of the specified fees referred to in paragraph (a)(i) may be waived.

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

In regulation 11(b) for “an exception to the requirement to pay one of the specified fees” substitute “exceptions to the requirement to pay specified fees”.

Section 6 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) omit 1.3.5.

(3) In Table 2 (specified fees for dependants) after 2.1.1 insert—

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

Section 7 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 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications) omit 6.2.5.

(3) In Table 7 (fees for specified applications for limited leave to remain in the United Kingdom as a dependant) after 7.1.1 insert—

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

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

(1) Schedule 4 (sponsorship) is amended as follows.

(2) In Table 14 (fees in relation to sponsor licences, premium services for sponsors, certificates of sponsorship and confirmations of acceptance for studies)—

(a) omit 14.3.1 and 14.3.2;

(b) in 14.3.6, in the second column, for “for which one of fees 14.3.1 to 14.3.4 has been paid” substitute “for which fee 14.3.3 or fee 14.3.4 has been paid or for which a fee was paid before 6th April 2020 under 14.3.1 or 14.3.2 of this Table”.

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

(1) Schedule 8 (nationality) is amended as follows.

(2) In paragraph 2—

(a) after sub-paragraph (1) insert—

(1A) Table 20A provides an exception from the requirement to pay the fees specified in 19.2.1 and 19.3.1 in Table 19 in the specified circumstances.

(b) after sub-paragraph (2) insert—

(3) Paragraph 6 confers a discretion on the Secretary of State to waive the fee specified in 19.3.1.

(3) After Table 20 insert—

Table 20A (Exception in respect of fees for applications for registration as a British citizen under the 1981 Act)

No fee is payable in respect of an application for registration as a British citizen under the 1981 Act where—

(a) the application is made under section 4F of that Act ;

(b) the relevant registration provision (within the meaning given by section 4F(2) of that Act) is paragraph 4 or 5 of Schedule 2 to that Act ; and

(c) the applicant made an application falling within paragraphs (a) and (b) before 25th July 2019 but it was refused because the Secretary of State was not satisfied that the applicant was of good character.

(4) After paragraph 5 insert—

Waiver in respect of the fee specified in 19.3.1

(6)

(1) The Secretary of State may waive the fee specified in 19.3.1 in respect of an application for registration as a British citizen made—

(a) under section 3(1) of the 1981 Act,

(b) in respect of a child born on or after 1st July 2006, and

(c) on the grounds in sub-paragraph (2).

(2) The grounds are that—

(a) at the time of the child’s birth, the woman who gave birth to the child (“the child’s mother”) was married to, or in a civil partnership with, a man other than the child’s natural father,

(b) no person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008 ,

(c) no person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008 , and

(d) the child would have automatically become a British citizen at birth by the operation of any provision of the 1981 Act if the child’s mother had been married to, or in a civil partnership with, the child’s natural father at the time of the child’s birth (irrespective of whether the child’s mother and natural father could actually have been married to, or in a civil partnership with, each other at that time).

(3) The reference in sub-paragraph (2)(d) to automatically becoming a British citizen at birth is to be construed in accordance with section 4J(4) of the 1981 Act .

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 paragraph 2(3) for “an exception from the fee specified in 21.4.1 in Table 21 in the specified circumstance” substitute “exceptions from the requirement to pay certain fees in respect of applications for entry clearance to enter the Isle of Man,”.

(3) In Table 21 (fees for applications for entry clearance to enter the Isle of Man)—

(a) omit 21.2.3 and 21.2.4;

(b) after 21.3.6 insert—

(4) In Table 22 (specified fees for dependants) after 22.1.1 insert—

(5) In Table 23 (exception in respect of fees for applications for entry clearance to enter the Isle of Man)—

(a) in the Table heading for “Exception” substitute “Exceptions”;

(b) at the end insert—

(6) In paragraph 3 for “exception” substitute “exceptions”.

(7) In paragraph 4(2)—

(a) omit paragraphs (a) and (c);

(b) omit the “or” after paragraph (f);

(c) at the end insert—

(h) an Innovator; or

(i) a Start-up Migrant.

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

(a) in 26.4.1 in the second column after “other than” insert “an application for entry clearance to enter the Bailiwick of Guernsey to which 26.4.1ZA applies or”;

(b) after 26.4.1 insert—