The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020

• Citation: S.I. 2020/966
• Sections: 25

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020.

(2) These Regulations come into force at 9.00 a.m. on 5th October 2020.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) Regulations 3, 4, 13, 16 and 22 also extend to the Isle of Man.

(5) Regulations 3, 4, 14, 16 and 23 also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey.

Section 2 Amendments to the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009

(1) The Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 is amended as follows.

(2) In article 2 (interpretation)—

(a) after the definition of “the Act” insert—

“ Appendix CS migrant ” means a person who—

(a) makes an application for entry clearance or leave to remain under Appendix CS: Child Student to the immigration rules , or

(b) has been granted such clearance or leave under that Appendix;

(b) in the definition of “immediate family”—

(i) for “Tier 2 or Tier 4 migrant's” substitute “Tier 2 migrant's, Tier 4 migrant's or student migrant's”;

(ii) for the comma after “same sex partner” substitute “ or ” ;

(iii) for “or parent of” substitute “ , or a parent of a student migrant who is an Appendix CS migrant or of ” ;

(c) for the definition of “Points-based system” substitute—

“ Part 6A Points-based system ” means the Points-based system under Part 6A of the immigration rules;

(d) in the definition of “sponsor licence” for “Tiers 2, 4 or 5 of the Points-based System” substitute “ Tier 2 or 5 of the Part 6A Points-based system ” ;

(e) after the definition of “sponsor licence” insert—

“ student migrant ” means a migrant who—

(a) makes an application for entry clearance or leave to remain under Appendix ST: Student to the immigration rules , other than an application made as the dependant partner or dependant child of a Student (within the meaning those expressions have in that Appendix),

(b) has been granted such clearance or leave under that Appendix, other than as the dependant partner or dependant child of a Student (within the meaning those expressions have in that Appendix),

(c) makes an application for entry clearance or leave to remain under Appendix CS: Child Student to the immigration rules, or

(d) has been granted such clearance or leave under that Appendix;

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

(f) in the definition of “Tier 2 migrant”—

(i) for “the immigration rules' Points-based system” substitute “ the Part 6A Points-based system ” ;

(ii) after “has been granted” insert “ entry clearance or ” ;

(g) after the definition of “Tier 2 migrant” insert—

“ Tier 4 (Child) Student ” means a Tier 4 migrant whose application is for entry clearance or leave to remain, or who has been granted entry clearance or leave, as a Tier 4 (Child) Student within the meaning given by paragraph 6 of the immigration rules;

(h) in the definition of “Tier 4 migrant”—

(i) for “makes an application” substitute “ before 9.00 a.m. on 5th October 2020 made an application which was an application ” ;

(ii) for “the immigration rules' Points-based system” substitute “ the Part 6A Points-based system and which had not been determined immediately before that time ” ;

(iii) after “has been granted” insert “ entry clearance or ” .

(3) In article 3 (exemption of licensed sponsors)—

(a) in the heading, at the end insert “ and Student sponsors ” ;

(b) in paragraph (1) for the words from “are licensed sponsors” to the end substitute—

(a) are licensed sponsors of Tier 2 migrants and provide immigration advice or immigration services free of charge to those migrants or their immediate family, or

(b) are Student sponsors and provide immigration advice or immigration services free of charge to student migrants or Tier 4 Migrants or to the immediate family of those migrants.

(c) in paragraph (2) for “the Points-based system”, in both places it occurs, substitute “ the Part 6A Points-based system or under Appendix ST: Student or Appendix CS: Child Student to the immigration rules ” ;

(d) in paragraph (3) at the end insert “ or the Student sponsor ” .

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

The Immigration and Nationality (Fees) Regulations 2018 are amended as provided by regulations 4 to 23.

Section 4

In regulation 1 (citation, commencement and extent) in paragraphs (4) and (5) after “13A,” insert “ 13B, 13C, 13D, ” .

Section 5

In regulation 2 (interpretation) in the definition of “Points-Based System” in paragraph (a) at the end insert “ and in Appendix ST: Student and Appendix CS: Child Student to those rules ” .

Section 6

In regulation 3 (fees for applications for entry clearance to enter, and leave to enter, the United Kingdom) in paragraph (b) omit “the” in the second place it occurs.

Section 7

In regulation 4 (fees for applications for leave to remain in the United Kingdom) in paragraph (b) omit “the” in the second place it occurs.

Section 8

In regulation 5 (fees for documents and administration) in paragraph (b) omit “the” in the second place it occurs.

Section 9

In regulation 7 (fees for exercise of consular functions) in paragraph (b) omit “the”.

Section 10

In regulation 8 (fees for premium services in the United Kingdom) in paragraph (b) omit “the”.

Section 11

In regulation 9 (fees for premium services outside the United Kingdom) in paragraph (b) omit “the”.

Section 12

In regulation 10 (fees for applications, processes and services relating to nationality) in paragraph (c) omit “the” in the first place it occurs.

Section 13

In regulation 11 (fees for applications relating to entry clearance to enter the Isle of Man and premium services) in paragraph (d) omit “the”.

Section 14

In regulation 12 (fees for applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey and premium services) in paragraph (c) omit “the”.

Section 15

In regulation 13 (miscellaneous fees) in paragraph (b) omit “the” in the third place it occurs.

Section 16

After regulation 13A (Windrush scheme: power to waive fees) insert—

Power to waive fees: exceptional circumstances affecting a number of individuals

(13B)

(1) Paragraph (2) applies where the Secretary of State considers that—

(a) there are exceptional circumstances significantly affecting a number of individuals who are in the same or a similar situation, and

(b) those circumstances are beyond the control of those individuals.

(2) Where the Secretary of State considers it appropriate to do so because of the effect of those circumstances on those individuals, the Secretary of State may decide, in relation to every one of those individuals, to waive the payment by them of any fee specified by these Regulations in respect of any particular description of application, request, process or service.

(3) The Secretary of State's power under paragraph (2) is in addition to, and does not limit, the Secretary of State's other powers under these Regulations to waive the payment of fees.

Power to waive fees in consequence of a decision of a court or tribunal

(13C)

(1) The Secretary of State may waive the payment of any fee specified in these Regulations where the Secretary of State considers it appropriate to do so in consequence of a decision of any court or tribunal in the United Kingdom.

(2) The Secretary of State's power under paragraph (1) is in addition to, and does not limit, the Secretary of State's other powers under these Regulations to waive the payment of fees.

General power to refund fees

(13D) The Secretary of State may refund any fee, or any part of a fee, paid under these Regulations.

Section 17

(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) after 1.3.11 insert—

Application for entry clearance under—

(a) Appendix ST: Student to the immigration rules, other than an application for entry clearance as the dependant partner or dependant child of a Student (within the meaning those expressions have in that Appendix), or

(b) Appendix CS: Child Student to those rules.

(b) omit 1.3.12.

(3) In Table 5 (waivers or reductions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom) in 5.2.1 in the third column for “1.3.12” substitute “ 1.3.11A ” .

Section 18

(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)—

(a) after 6.2.11 insert—

Application for limited leave to remain in the United Kingdom under—

(a) Appendix ST: Student to the immigration rules, other than an application for limited leave to remain in the United Kingdom as the dependant partner or dependant child of a Student (within the meaning those expressions have in that Appendix), or

(b) Appendix CS: Child Student to those rules .

(b) omit 6.2.12.

(3) 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 9.5 in the row below the heading, in the third column for “6.2.12” substitute “ 6.2.11A ” ;

(b) in 9.6 in the row below the heading, in the third column for “6.2.12” substitute “ 6.2.11A ” .

(4) In paragraph 5—

(a) omit sub-paragraph (2);

(b) in sub-paragraph (3) omit the words from “and the further application” to “does not apply and”.

Section 19

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

(2) In paragraph 2(4) for “Table 12” substitute “ Tables 10 and 12 ” .

(3) In Table 13 (exceptions to the requirement to pay fees for applications for biometric immigration documents and the process used to take a record of biometric information) after 13.7.1 insert—

Section 20

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

(2) In paragraph 1—

(a) after the definition of “sponsorship management request” insert—

“ students ” means applicants for entry clearance to enter, or limited leave to remain in, the United Kingdom under Appendix ST: Student or Appendix CS: Child Student to the immigration rules;

“ the student route ” means either or both of—

(a) the Student route provided for by Appendix ST: Student to the immigration rules;

(b) the Child Student route provided for by Appendix CS: Child Student to the immigration rules;

“ Student Sponsor basic compliance assessment ” means the check which a sponsor with Probationary Sponsor status must apply for in order to become registered as having Student Sponsor status, or for which sponsors already registered with Student Sponsor status must apply in order to maintain that registration ;

(b) in the definition of “Tier” omit “, a Tier 4 Migrant”;

(c) omit the definition of “Tier 4 Sponsor basic compliance assessment”.

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

(a) in 14.1.2 in the second column for “Tier 4 Migrants” substitute “ students ” ;

(b) in 14.1.4 in the second column for “Tier 2 and Tier 4 Migrants” substitute “ Tier 2 Migrants and students ” ;

(c) in 14.1.6 in the second column for “Tier 2, Tier 4 and Tier 5 Migrants” substitute “ Tier 2 Migrants, Tier 5 Migrants and students ” ;

(d) in 14.2.2 in the second column for “Tier 4 Migrants” substitute “ students ” ;

(e) in 14.3.5 in the second column for “Tier 4” substitute “ the student route ” ;

(f) in 14.4.2 in the second column for “for leave to enter or leave to remain in the United Kingdom as a Tier 4 Migrant” substitute “ under Appendix ST: Student or Appendix CS: Child Student to the immigration rules ” .

(4) In paragraph 3—

(a) in sub-paragraph (1)—

(i) for “an additional Tier or additional Tiers” substitute “ a Tier or Tiers ” ;

(ii) for “the additional Tiers” substitute “ the Tiers ” ;

(b) in sub-paragraph (2) omit “additional”;

(c) after sub-paragraph (2) insert—

(2A) No fee is payable in respect of an application to add the student route to an existing valid sponsor licence.”;

(d) in sub-paragraph (3) for the words “a licence for the relevant Tier” substitute “ the separate licence applied for ” .

(5) In Table 15 (fees for other applications and processes in connection with sponsorship)—

(a) in 15.1, in the heading for “Tier 4 Sponsor” substitute “ Student Sponsor ” ;

(b) in 15.1.1 in the second column for “Tier 4 Sponsor” substitute “ Student Sponsor ” .

Section 21

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

(2) In paragraph 1 in the definition of “super priority visa service” for “within 24 hours of receipt of the application” substitute “ within a period shorter than that within which it is aimed to process applications under the priority settlement service or, as the case may be, the priority visa service ” .

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

(a) in 18.3.1 in the third column for “£1.37” substitute “ £0.69 ” ;

(b) in 18.3.2 in the third column for “£5.48” substitute “ £2.74 ” .

Section 22

(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 1 in the definition of “super priority visa service” for “within 24 hours of receipt of the application” substitute “ within a period shorter than that within which it is aimed to process applications under the priority settlement service or, as the case may be, the priority visa service ” .

(3) In Table 25 (premium services outside the United Kingdom and the Isle of Man)—

(a) in 25.3.1 in the third column for “£1.37” substitute “ £0.69 ” ;

(b) in 25.3.2 in the third column for “£5.48” substitute “ £2.74 ” .

Section 23

(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 in the definition of “super priority visa service” for “within 24 hours of receipt of the application” substitute “ within a period shorter than that within which it is aimed to process applications under the priority settlement service or, as the case may be, the priority visa service ” .

(3) In Table 27 (premium services outside the United Kingdom and the relevant bailiwick)—

(a) in 27.3.1 in the third column for “£1.37” substitute “ £0.69 ” ;

(b) in 27.3.2 in the third column for “£5.48” substitute “ £2.74 ” .

Section 24 Saving of provisions of the Immigration and Nationality (Fees) Regulations 2018 revoked by regulations 17 and 18

(1) Despite the amendments made by regulation 17(2)(b) and (3), fee 1.3.12 in Table 1 in Schedule 1 to the Immigration and Nationality (Fees) Regulations 2018 and the reference to that fee in 5.2.1 in Table 5 in that Schedule continue to have effect for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for entry clearance to enter the United Kingdom made by the dependant of a Tier 4 Migrant.

(2) Despite the amendments made by regulation 18(2)(b) and (3), fee 6.2.12 in Table 6 in Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018 and the reference to that fee in 9.5 and 9.6 in Table 9 in that Schedule continue to have effect for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for limited leave to remain in the United Kingdom made by the dependant of a Tier 4 Migrant.

(3) In this regulation—

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

“dependant” has the meaning given by regulation 2 of the Immigration and Nationality (Fees) Regulations 2018;

“Tier 4 Migrant” means a person who—

has entry clearance or limited leave to remain in the United Kingdom as a Tier 4 (General) Student or a Tier 4 (Child) Student granted before 9.00 a.m. on 5th October 2020 under Part 6A of the immigration rules, or

made an application before that time under that Part for entry clearance or limited leave to remain in the United Kingdom as a Tier 4 (General) Student or a Tier 4 (Child) Student which had not been determined immediately before that time.

Section 25 Amendments to the Passport (Fees) Regulations 2018

(1) The Passport (Fees) Regulations 2018 are amended as follows.

(2) After regulation 4 insert—

Refund of fees

(4A) The Secretary of State may refund any fee, or any part of a fee, paid under these Regulations.