The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024

• Citation: S.I. 2024/398
• Sections: 14

Section 1 Citation, commencement, extent and interpretation

(1) These Regulations may be cited as the Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024.

(2) These Regulations come into force as follows—

(a) this regulation and regulations 2 , 3 and 13(1) and (2) come into force on 4th April 2024;

(b) regulations 4 , 5, 6 and 8 come into force on 10th April 2024;

(c) regulation 10(1), so far as it relates to Part 1 of the table in Schedule 1, and (2) comes into force at 9.00 a.m. on 10th April 2024;

(d) regulations 7, 9 and 14 come into force on 11th April 2024;

(e) regulation 10(1), so far as it relates to Part 2 of the table in Schedule 1, and regulation 11 come into force on 1st July 2024;

(f) regulation 10 (1) , so far as it relates to Part 3 of the table in Schedule 1, and regulation 13(3) and (4) come into force at 9.00 a.m. on 24th July 2024;

(g) regulation 12 comes into force on 10th September 2024.

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

(4) The following provisions also extend to the Isle of Man, for the same purpose as the provisions of the principal Regulations which they amend—

(a) this regulation ;

(b) regulation 10 (1) so far as it relates to the entry in the table in Schedule 1 which amends Schedule 9 to the principal Regulations.

(5) The following provisions also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, for the same purpose as the provisions of the principal Regulations which they amend—

(a) this regulation ;

(b) regulation 10 (1) so far as it relates to the entry in the table in Schedule 1 which amends Schedule 10 to the principal Regulations.

(6) In these Regulations, “ the principal Regulations ” means the Immigration and Nationality (Fees) Regulations 2018 .

Section 2 Amendment of the principal Regulations

The principal Regulations are amended in accordance with regulations 3 to 12.

Section 3 Amendments relating to Appendix Immigration Salary List

(1) In regulation 2 (interpretation)—

(a) after the definition of “immigration rules” insert—

“ immigration salary list certificate of sponsorship ” means a certificate of sponsorship issued in respect of employment in an occupation listed in the Immigration Salary List in Appendix Immigration Salary List to the immigration rules;

(b) omit the definition of “shortage occupation certificate of sponsorship”.

(2) In Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom), in Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom), in 1.3.6C and 1.3.6D, for “shortage occupation”, in each place it occurs, substitute “immigration salary list” ;

(3) In Schedule 2 (applications for leave to remain in the United Kingdom), in Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications), in 6.2.6C and 6.2.6D, for “shortage occupation”, in each place it occurs, substitute “immigration salary list” .

Section 4 Amendment relating to Appendix Family Reunion (Protection)

In Schedule 2, in paragraph 1(1) (interpretation), in sub-paragraph (d) of the definition of “Article 3 or Refugee Convention application”, for “paragraphs 352A to 352FI of” substitute “Appendix Family Reunion (Protection) to” .

Section 5 Amendment relating to conditions of no recourse to public funds

In Schedule 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), in 9.9, for the entry that begins “No fee is payable” substitute—

No fee is payable in respect of an application for variation of the conditions attached to a grant of limited leave to enter or remain in the United Kingdom, in order to be permitted access to public funds, by a person who has been granted such leave (subject to a condition of no recourse or access to public funds).

Section 6 Amendment relating to Appendix Hong Kong British National (Overseas)

In Schedule 2, in Table 9, after 9.9, insert—

No fee is payable in respect of an application for leave to remain in the United Kingdom for 30 months under Appendix Hong Kong British National (Overseas) to the immigration rules where, at the time the application is made—

the applicant has leave to enter or leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) of the immigration rules,

any condition of no access to public funds to which that leave was subject has been removed in accordance with paragraph HK 65.1 of that Appendix,

the applicant is in receipt of public funds, and

the applicant is, in the opinion of the Secretary of State, unable to afford the fee.

Section 7 Amendment relating to Appendix Long Residence

In Schedule 2, in Table 9, after 9.22, insert—

Section 8 Amendments relating to contact point meetings

In Schedule 3 (documents and administration)—

(a) in paragraph 1 (interpretation)—

(i) after the definition of “certificate of travel”, insert—

“ 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;

(ii) after the definition of “document of identity”, insert—

“ 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;

(b) in paragraph 2 (fees for documents)—

(i) in the heading, at the end, insert “and services” ;

(ii) in paragraph (1)—

(aa) for “applications and requests” substitute “applications, requests and other requirements” ;

(bb) after “documents” insert “and services” ;

(c) in Table 10 (fees for miscellaneous documents and services), at the end, insert—

(d) in Table 11 (exceptions to the requirement to pay fees for travel documents etc.)—

(i) in the heading, for “and for processing an application or claim later rejected as invalid” substitute “, for processing an application or claim later rejected as invalid, and for contact point meetings” ;

(ii) at the end, insert—

No fee is payable in respect of a contact point meeting where—

the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”),

the contact point meeting is with the endorsing body or legacy endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave, and

where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.

No fee is payable in respect of a contact point meeting where—

the applicant has limited leave to remain in the United Kingdom which was granted under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up to the immigration rules (“the applicant’s current leave”),

the contact point meeting is not with the endorsing body which endorsed the applicant (pursuant to the immigration rules) in connection with the application which gave rise to the grant of the applicant’s current leave,

the letter which endorsed the applicant in connection with the applicant’s current leave (“the original letter”) was issued (pursuant to the immigration rules) by a legacy endorsing body which was at the time when the original letter was issued, approved by the Home Office to endorse individuals in connection with applications under Appendix Innovator to those rules, and

where the applicant has been granted leave, or further leave under Appendix Innovator Founder to the immigration rules (“the relevant AIF leave”), the applicant has had previous leave granted, before the grant of the relevant AIF leave, under Appendix Innovator, Appendix Innovator Founder or Appendix Start-up.

Section 9 Amendments relating to Appendix HM Armed Forces

(1) In Schedule 1—

(a) in paragraph 1(1) (interpretation)—

(i) before the definition of “liable to immigration detention” insert—

“ HM Armed Forces service leaver ” means a person described in paragraph AF 3.1 together with paragraph AF 5.1 of Appendix HM Armed Forces of the immigration rules;

(ii) after the definition of “liable to immigration detention” insert—

“ member of HM Armed Forces ” means a person described in paragraph AF 3.1 of Appendix HM Armed Forces of the immigration rules;

(iii) omit the definition of “member of HM Forces”;

(b) in paragraph 2(3) (fees for, and in connection with, applications for entry clearance to enter and leave to enter the United Kingdom), for “a member of HM Forces” substitute “an HM Armed Forces service leaver or a member of HM Armed Forces” ;

(c) in Table 1—

(i) in the heading to 1.3D, for “foreign or Commonwealth citizen discharged from HM Forces” substitute “an HM Armed Forces service leaver or a member of HM Armed Forces” ;

(ii) in 1.3D.1, for “paragraph 13 of Appendix Armed Forces” substitute “Appendix HM Armed Forces” ;

(d) in Table 3 (fee for applications for entry clearance and indefinite leave to enter the United Kingdom – dependants of members of HM Forces)—

(i) in the heading, for “members of HM Forces” substitute “HM Armed Forces service leavers and members of HM Armed Forces” ;

(ii) in 3.1.1, for “a member of HM Forces” substitute “an HM Armed Forces service leaver or a member of HM Armed Forces” ;

(e) in Table 4 (exceptions in respect of fees for and in connection with applications for entry clearance to enter or leave to enter the United Kingdom)—

(i) in the heading to 4.11.1, for “foreign or Commonwealth citizens discharged from HM Forces” substitute “HM Armed Forces service leavers and members of HM Armed Forces” ;

(ii) in 4.11.1, for “paragraph 13 of Appendix Armed Forces” substitute “Appendix HM Armed Forces” .

(2) In Schedule 2, in Table 9—

(a) in the heading to 9.18, for “foreign or Commonwealth citizens discharged from HM Forces” substitute “HM Armed Forces service leavers and members of HM Armed Forces” ;

(b) in 9.18, for “paragraph 16 of Appendix Armed Forces” substitute “Appendix HM Armed Forces” .

Section 10 Amendments relating to the increase of miscellaneous fees

(1) In the table in the principal Regulations specified in column 1 of the table in Schedule 1, for the fee specified in the corresponding entry in column 2 of that table, substitute the fee specified in the corresponding entry in column 3 of that table.

(2) In Schedule 2, paragraph 3A (reduction of fees for Health and Care Visa applications and related applications by dependants), in sub-paragraph (2)(b), for “£949” substitute “£1,085” .

Section 11 Amendments relating to fees for premium services

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

(a) after 17.5 insert—

(b) omit 17.5.1 and 17.5.2.

Section 12 Amendments relating to Sponsor a Worker

(1) In regulation 2, after the definition of “sponsor”, insert—

“ 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;

(2) In Schedule 1—

(a) in Table 1, in 1.3.6A, 1.3.6B, 1.3.6C, 1.3.6D, 1.3.6G and 1.3.6H, after “has been issued”, in each place it occurs, insert “, or an approval under Sponsor a Worker has been given,” ;

(b) in paragraph 3A(1), in the definition of a “Health and Care Visa application” and in sub-paragraph (a) of the definition of a “relevant dependant’s application”, after “issued”, in both places it occurs, insert “, or the approval under Sponsor a Worker given,” .

(3) In Schedule 2—

(a) in Table 6, in 6.2.6A, 6.2.6B, 6.2.6C, 6.2.6D, 6.2.6H and 6.2.6I, after “has been issued”, in each place it occurs”, insert “, or an approval under Sponsor a Worker has been given,” ;

(b) in paragraph 3A(1), in the definition of a “Health and Care Visa application” and in sub-paragraph (a) of the definition of a “relevant dependant’s application”, after “issued”, in both places it occurs, insert “, or the approval under Sponsor a Worker given,” .

(4) In Schedule 4 (sponsorship), in Table 14 (fees in relation to sponsor licences, etc.), after 14.4.4, insert—

Approving a sponsor under Sponsor a Worker in respect of an application or potential application under any of the following Appendices to the immigration rules—

Appendix Temporary Work - Seasonal Worker;

Appendix Temporary Work - Religious Worker;

Appendix Temporary Work - Charity Worker;

Appendix Temporary Work - Creative Worker;

Appendix Temporary Work - International Agreement;

Appendix Temporary Work - Government Authorised Exchange;

Appendix Scale-up.

Approving a sponsor under Sponsor a Worker in respect of an application or potential application under any of the following Appendices to the immigration rules—

Appendix Global Business Mobility - Graduate Trainee;

Appendix Global Business Mobility - UK Expansion Worker;

Appendix Global Business Mobility - Service Supplier;

Appendix Global Business Mobility - Secondment Worker.

Section 13 Transitional provision

(1) The amendments made by regulation 3 do not apply during the period beginning on 4th April 2024 and ending at the end of 3rd July 2024 in relation to a shortage occupation certificate of sponsorship issued before 4th April 2024.

(2) In paragraph (1), “ shortage occupation certificate of sponsorship ” has the meaning given in regulation 2 of the principal Regulations.

(3) Where—

(a) a person makes a relevant application,

(b) the relevant application includes an application to waive the applicable fee,

(c) the application to waive the applicable fee was made before the time of the increase, and

(d) the Secretary of State determines after the time of increase that the applicable fee should not be waived,

the applicable fee is that which was payable immediately before the time of increase.

(4) In paragraph (3)—

“ applicable fee ” means the fee payable in respect of a relevant application under the principal Regulations;

“ relevant application ” means an application the fee for which is specified in entry 6.1.1 of Table 6 in Schedule 2 to the principal Regulations;

“ time of increase ” means the time when regulation 10(1) of these Regulations comes into force so far as it relates to the entry in Schedule 1 which amends the fee in 6.1.1 of Table 6 in Schedule 2 to the principal Regulations.

Section 14 Amendment of fees in the Passport (Fees) Regulations 2022

In the provision of the Schedule to the Passport (Fees) Regulations 2022 specified in column 1 of the table in Schedule 2 to these Regulations, for the fee specified in the corresponding entry in column 2 of that table, substitute the fee specified in the corresponding entry in column 3 of that table.