Citation, commencement and extent

1.-(1) These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2017.

(2) These Regulations, other than the provision cited in paragraph (3), come into force on 6th April 2017.

(3) The entry in Table 18 described as 18.5.2 in column one of that table (email assistance from the international contact service) in Schedule 7 comes into force on 1st June 2017.

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

(5) Regulations 1, 2, 11 and 15 to 18 and Schedule 9 extend to the Isle of Man, but only for the purpose of issuing entry clearance to enter the Isle of Man.

(6) Regulations 1, 2, 12 and 15 to 18 and Schedule 10 extend to the Bailiwick of Guernsey and the Bailiwick of Jersey but only for the purpose of issuing entry clearance to enter the bailiwick concerned.

Interpretation

2.  In these Regulations-

"the 1971 Act" means the Immigration Act 1971(3);

"the 1981 Act" means the British Nationality Act 1981(4);

"the 1982 Order" means the British Protectorates, Protected States and Protected Persons Order 1982(5);

"the 1999 Act" means the Immigration and Asylum Act 1999(6);

"the 2002 Act" means the Nationality, Immigration and Asylum Act 2002(7);

"the 2007 Act" means the UK Borders Act 2007(8);

"the 2008 Regulations" means the Immigration (Biometric Registration) Regulations 2008(9);

"the 2016 Order" means the Immigration and Nationality (Fees) Order 2016(10);

"administrative review" has the same meaning as provided in the immigration rules(11);

"approval letter from a designated competent body" means-

"being looked after by a local authority" means being looked after by a local authority (or in Northern Ireland, an authority) under-

"biometric immigration document" has the same meaning as provided in section 5 of the 2007 Act(16);

"certificate of sponsorship" means-

"CESC national" means a person who is a national of a state which has ratified the European Social Charter, agreed by the Council of Europe at Turin on 18th October 1961(17);

"child" means a person under the age of 18;

"contractor" means a person with whom the Secretary of State has entered into a contract, by which the person agrees to provide certain services in connection with immigration or nationality to applicants;

"Convention rights" means the rights identified as Convention rights by section 1 of the Human Rights Act 1998(18);

"dependant" in respect of a person means-

"EC Association Agreement with Turkey" means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 1963(19);

"entry clearance"-

"immigration rules" means the rules made under section 3(2) of the 1971 Act;

"indefinite leave" has the same meaning as provided in section 33(1) of the 1971 Act;

"Isle of Man immigration rules" means the rules made under section 3(2) of the 1971 Act as extended to the Isle of Man(24);

"leave to enter the United Kingdom" means leave to enter the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

"leave to remain in the United Kingdom" means leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and any subsequent variation of that leave;

"Life in the UK Test" means the test referred to as the Life in the UK Test in Appendix KoLL to the immigration rules and regulation 5A of the British Nationality (General) Regulations 2003(25);

"limited leave" has the same meaning as provided in section 33(1) of the 1971 Act;

"main applicant" means the person who has made an application or claim in connection with immigration, as distinct from a person applying as the dependant of such a person;

"Points-Based System" means-

"private medical treatment" means treatment provided outside of the National Health Service and paid for by the applicant;

"process used to take a record of a person's biometric information" means the process, or combination of processes, to which a person may be required to submit in order to enable a record to be taken of that person's biometric information, where the person is required by regulations made under section 41 of the 1981 Act(26), section 126 of the 2002 Act(27) or section 5 of the 2007 Act to provide such information for the purposes of an application or claim in connection with immigration or nationality;

"shortage occupation certificate of sponsorship" means-

"sponsor" means a sponsor under Part 6A of the immigration rules, except in relation to entry 5.6.1 in Table 5 in Schedule 1;

"sponsor licence" means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a sponsor;

"Tier 1 (Entrepreneur) Migrant", "Tier 1 (Exceptional Talent) Migrant", "Tier 1 (General) Migrant", "Tier 1 (Graduate Entrepreneur) Migrant", "Tier 1 (Investor) Migrant", and "Tier 1 (Post-Study Work) Migrant"-

"Tier 2 Migrant", "Tier 2 (General) Migrant", "Tier 2 (Intra-Company Transfer) Long Term Staff Migrant", "Tier 2 (Intra-Company Transfer) Short Term Staff Migrant", "Tier 2 (Intra-Company Transfer) Graduate Trainee Migrant", "Tier 2 (Intra-Company Transfer) Skills Transfer Migrant", "Tier 2 (Minister of Religion) Migrant", and "Tier 2 (Sportsperson) Migrant"-

"Tier 4 Migrant"-

"Tier 5 Migrant", "Tier 5 (Temporary Worker) Migrant" and "Tier 5 (Youth Mobility) Temporary Migrant"-

"travel document" means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the United Kingdom, and is issued by the Home Office to persons who are either refugees or stateless, or cannot obtain or use a passport issued by their own country;

"User-Pays Application Centre" means an office at which applicants can access services in connection with immigration or nationality specifically in relation to entry clearance, leave to enter or leave to remain in the United Kingdom.

Fees for applications, processes and services in connection with immigration and nationality

3.  Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) has effect to specify-

(a)the amount of the fees for-

(i)specified applications for entry clearance to enter the United Kingdom and variation of such leave for the purposes of article 4 of the 2016 Order;

(ii)specified applications for entry clearance to enter and leave to enter the United Kingdom and variation of such leave to enter for the purposes of article 5 of the 2016 Order;

(iii)specified applications for a transit visit visa and an approval letter from a designated competent body for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced.

4.  Schedule 2 (applications for leave to remain in the United Kingdom) has effect to specify-

(a)the amount of the fees for-

(i)specified applications for leave to remain in the United Kingdom for the purposes of articles 4 and 5 of the 2016 Order;

(ii)applications for an approval letter from a designated competent body for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be reduced.

5.  Schedule 3 (documents and administration) has effect to specify-

(a)the amount of the fees for specified applications and requests for the purposes of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced.

6.  Schedule 4 (sponsorship) has effect to specify the amount of the fees for specified applications, processes, services and premium services for sponsors in relation to sponsorship for the purposes of article 7 of the 2016 Order.

7.  Schedule 5 (consular functions) has effect to specify-

(a)the amount of fees for specified consular functions for the purposes of article 8 of the 2016 Order; and

(b)the circumstances in which such fees may be waived.

8.  Schedule 6 (premium services (in the United Kingdom)) has effect to specify-

(a)the amount of the fees for specified premium services offered in the United Kingdom for the purposes of article 9 of the 2016 Order(28); and

(b)the circumstances in which such fees may be waived or reduced.

9.  Schedule 7 (premium services (outside the United Kingdom)) has effect to specify-

(a)the amount of the fees for specified premium services offered outside the United Kingdom for the purposes of article 9 of the 2016 Order; and

(b)the circumstances in which such fees may be waived or reduced.

10.  Schedule 8 (nationality) has effect to specify-

(a)the amount of the fees for-

(i)specified applications, processes and services in connection with nationality for the purposes of article 10 of the 2016 Order;

(ii)specified applications for certain documents, specified applications for the review of certain applications, or the process of taking a record of an applicant's biometric information for the purposes of article 6 of the 2016 Order; and

(b)the circumstances in which the fee for arrangement of a citizenship ceremony must be refunded.

11.  Schedule 9 (applications for entry clearance to enter the Isle of Man) has effect to specify-

(a)the amount of the fees for specified applications relating to entry clearance to enter the Isle of Man for the purposes of articles 4, 5 and 5A of the 2016 Order(29); and

(b)an exception to the requirement to pay the fees referred to in paragraph (a), and the circumstances in which such fees may be waived or reduced.

12.  Schedule 10 (applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey) has effect to specify-

(a)the amount of the fees for specified applications for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey for the purposes of articles 4 and 5 of the 2016 Order(30); and

(b)the circumstances in which such fees may be waived.

13.  Schedule 11 (miscellaneous fees) has effect to specify-

(a)the amount of the fees for-

(i)the administration of the Life in the UK test, for the purpose of fee 3.2.1 in the table in article 6 of the 2016 Order; and

(ii)an administrative review of a decision for the purpose of article 6 of the 2016 Order; and

(b)exceptions to the requirement to pay the fee referred to in (a)(ii), and the circumstances in which such a fee may be waived or reduced.

Amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011

14.  Schedule 12 (amendment of the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011) has effect.

Rate of exchange

15.  Where a person seeks to pay any fee specified in these Regulations in a currency other than sterling ("the foreign currency"), the fee payable in the foreign currency is determined by reference to the Consular Rate of Exchange applying on the date that the payment is made.

Consequences of failing to pay the specified fee

16.-(1) Where a person is required to pay a fee specified in these Regulations, but fails to pay that fee, the Secretary of State may-

(a)reject the application as invalid; or

(b)request the person to pay the outstanding amount.

(2) Where paragraph (1)(b) applies-

(a)the person must pay the outstanding amount within 10 working days beginning with the day on which the request for payment was made;

(b)if the outstanding amount is not paid within the period mentioned in sub-paragraph (a), the Secretary of State must reject the application as invalid.

(3) Where the request for payment is made-

(a)in writing, the period of 10 working days referred to in paragraph (2)(a) begins on the day that the request is sent;

(b)by telephone or in person, on the day that the request is made.

Payments for in person applications

17.-(1) Where-

(a)an application is made in person; and

(b)the applicant pays the fee in relation to such an application prior to the date that the application is made,

the fee payable is that in relation to the relevant application on the date of payment.

(2) In this regulation, the date of payment means the date on which the payment is made by the applicant, unless it is made by post, in which case it means the date that the payment is posted.

Revocations

18.-(1) The Immigration and Nationality (Fees) Regulations 2015(31) are revoked for all remaining purposes.

(2) The Immigration and Nationality (Fees) Regulations 2016(32) are revoked.

Regulation 3

SCHEDULE 1APPLICATIONS FOR ENTRY CLEARANCE TO ENTER AND LEAVE TO ENTER THE UNITED KINGDOM

Interpretation

1.  In this Schedule-

"liable to immigration detention" means being liable to detention under-

"member of HM Forces" has the same meaning as in the immigration rules(39);

"present and settled" has the same meaning as in the immigration rules(40);

"short-term student" has the same meaning as in the immigration rules(41);

"short-term student (child)" means a short-term student who is aged under 18;

"visit visa" has the same meaning as in the immigration rules(42).

Fees for, and in connection with, applications for entry clearance to enter and leave to enter the United Kingdom

2.-(1) Table 1 specifies the amount of-

(a)the fees for the specified applications for entry clearance to enter or leave to enter the United Kingdom; and

(b)the fee for an application for an approval letter from a designated competent body.

(2) Table 2 specifies the amount of the fees for specified applications for entry clearance to enter the United Kingdom as the dependant of a main applicant.

(3) Table 3 specifies the amount of the fee for an application for indefinite leave to enter the United Kingdom as the dependant of a member of HM Forces.

(4) Table 4 provides for exceptions to the requirement to pay the fees specified in Tables 1, 2 and 3, and Table 5 provides for the waiver or reduction of fees specified in Tables 1, 2 and 3 in specified circumstances.

(5) Paragraph 3 makes provision for the amount of fees to be paid in respect of an application for entry clearance to enter or leave to enter the United Kingdom by a dependant of a main applicant in cases where the fees specified in 1.4.1 or 1.4.5 of Table 1, Table 2 or Table 3 do not apply.

(6) The fees specified in Table 1 are subject to paragraph 4 (applications by CESC nationals).

(7) Each of the fees specified in 1.1.2 to 1.1.4 and 1.1.8 in Table 1 is calculated by reference to an annual rate.

(8) The annual rate referred to in sub-paragraph (7) for each of the fees in question is determined by dividing the amount of the fee by the number of years to which the application relates.

Applications by dependants

3.  Except in respect of applications for which a fee is specified in 1.4.1 or 1.4.5 of Table 1 or Table 2 or Table 3, and subject to the exceptions and waivers set out in Tables 4 and 5, the fee for an application for entry clearance to enter or leave to enter the United Kingdom made by the dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 1 in respect of the main applicant's application.

Applications by CESC Nationals

4.-(1) Where an application for entry clearance to enter the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 1 is to be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for entry clearance to enter the United Kingdom as-

(a)a Tier 1 (Entrepreneur) Migrant;

(b)a Tier 1 (Exceptional Talent) Migrant;

(c)a Tier 1 (Graduate Entrepreneur) Migrant;

(d)a Tier 2 Migrant; or

(e)a Tier 5 (Temporary Worker) Migrant.

Regulation 4

SCHEDULE 2APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Interpretation

1.  In this Schedule-

"Article 3 or Refugee Convention application" means an application for leave to remain in the United Kingdom made on the basis that the applicant is-

"claim for asylum" has the meaning given by section 94(1) of the 1999 Act(45);

"a competent authority" means a designated competent authority of the United Kingdom for the purposes of the Trafficking Convention(46);

"positive conclusive grounds decision" means a decision made by a competent authority that the applicant is either-

"specified human rights application" means an application for limited leave to remain in the United Kingdom under-

"the Trafficking Convention" means the Council of Europe Convention on Action against Trafficking in Human Beings(48);

"Trafficking Convention reason" means a reason, in accordance with the United Kingdom's obligations under the Trafficking Convention, that the applicant's stay in the United Kingdom is necessary(49)-

(2) For the purposes of this Schedule a claim for asylum is determined on-

(a)the day on which the Secretary of State notifies the claimant of the decision on the claim;

(b)if the claimant has appealed against the Secretary of State's decision, the day on which the appeal is disposed of; or

(c)if the claimant has brought an appeal from within the United Kingdom under section 82 of the 2002 Act(50) or section 2 of the Special Immigration Appeals Commission Act 1997(51) the day on which the appeal is disposed of.

Fees for, and in connection with, applications for leave to remain in the United Kingdom

2.-(1) Table 6 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom and the amount of the fee for an approval letter from a designated competent body.

(2) Table 7 specifies the amount of the fees for the specified applications for limited leave to remain in the United Kingdom as the dependant of a main applicant.

(3) Table 8 specifies the amount of the fees for the specified applications for indefinite leave to remain in the United Kingdom.

(4) Table 9 provides for exceptions to the requirement to pay the fees specified in Tables 6, 7 and 8.

(5) Paragraph 3 makes provision for the amount of the fees to be paid in respect of an application for leave to remain in the United Kingdom by a dependant of a main applicant, in cases where Table 7 does not apply.

(6) The fees specified in Table 6 are subject to paragraph 4 (Applications by CESC nationals), and the fees specified in Tables 6, 7 and 8 are subject to paragraph 5 (Variation of an application for leave to remain in the United Kingdom).

Applications by dependants

3.  Except in respect of applications for which a fee is specified in Table 7, and subject to the exceptions set out in Table 9, the fee for an application for leave to remain in the United Kingdom made by the dependant of a main applicant is the fee specified in Table 6 or 8 (as the case may be) in respect of the main applicant's application.

Applications made by CESC Nationals

4.-(1) Where an application for leave to remain in the United Kingdom of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 6 is to be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for leave to remain in the United Kingdom as-

(a)a Tier 1 (Entrepreneur) Migrant;

(b)a Tier 1 (Exceptional Talent) Migrant;

(c)a Tier 1 (Graduate Entrepreneur) Migrant;

(d)a Tier 2 Migrant; or

(e)a Tier 5 (Temporary Worker) Migrant.

Variation of an application for leave to remain in the United Kingdom

5.-(1) This sub-paragraph applies where-

(a)an application for leave to remain in the United Kingdom is made in respect of a person on or after the day that these Regulations come into force; but

(b)before that application is determined a further application is submitted which has the effect of varying it.

(2) Where sub-paragraph (1) applies, the Secretary of State may refund any fee (or fees) other than the higher (or highest, as the case may be) paid in respect of the applications described in that sub-paragraph.

Regulation 5

SCHEDULE 3DOCUMENTS AND ADMINISTRATION

Interpretation

1.  In this Schedule-

"the 2016 Regulations" means the Immigration (European Economic Area) Regulations 2016(55);

"Assisted Voluntary Return programme" means any arrangements made by the Secretary of State under section 58 of the 2002 Act;

"certificate of travel" means a travel document issued at the discretion of the Secretary of State to a person who has been granted leave to remain in the United Kingdom and is unable to obtain a passport issued by their national authority;

"convention travel document" means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(56);

"Direct Airside Transit Visa" means a transit visa within the meaning of section 41(2) of the 1999 Act, authorising the holder to remain within an airport, without passing through immigration control, pending departure on another flight from the same airport;

"document of identity" means a travel document issued in the United Kingdom to a person who is not a British citizen which enables the holder to make one journey out of the United Kingdom;

"Electronic Visa Waiver" means a document authorising a person to travel to the United Kingdom for the purpose of entry to the United Kingdom where that person, in the absence of such a document, would require entry clearance in order to do so;

"immigration decision letter" means a letter or other document which records a decision in connection with immigration or nationality, but does not provide evidence of leave to enter or leave to remain in the United Kingdom;

"stateless person's travel document" means a travel document issued in accordance with Article 28 of the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954(57);

"transfer of conditions" means the fixing of a stamp, sticker or other attachment on a passport or other document issued to an applicant which indicates that a person has been granted leave to enter or leave to remain in the United Kingdom.

Fees for documents

2.-(1) Table 10 specifies the amount of the fees for the specified applications and requests for and in connection with documents relating to immigration or nationality.

(2) Table 11 provides for exceptions to the requirement to pay the fees specified in Table 10 for applications for travel documents.

(3) Table 12 specifies the amount of the fees for the specified applications for biometric immigration documents and the process used to take a record of a person's biometric information.

(4) Table 13 provides for exceptions to the requirement to pay the fees specified in Table 12.

(5) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the specified fee.

Waiver or reduction in respect of the fee listed at 12.2.4

3.  The Secretary of State may waive or reduce the specified fee in 12.2.4.

Regulation 6

SCHEDULE 4SPONSORSHIP

Interpretation

1.  In this Schedule-

"confirmation of acceptance for studies" means an authorisation issued by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a student;

"premium services for sponsors" means the optional premium customer services offered by the Home Office to certain sponsors;

"small or charitable sponsor" means a sponsor that is-

"sponsorship management request" means an electronic request made by a sponsor in connection with their sponsor licence, through their sponsorship management system account;

"Tier" means the route, provided for in part 6A of the immigration rules, by which a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom as a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 Migrant applies for such entry clearance, leave to enter or leave to remain;

"Tier 4 Sponsor basic compliance assessment" means the check which a sponsor with Probationary Sponsor status must apply for in order to become registered as having full Tier 4 Sponsor status, or for which sponsors already registered with full Tier 4 Sponsor status must apply in order to maintain that registration(67).

Fees for applications for sponsor licences, certificates of sponsorship, confirmations of acceptance for studies and for premium services for sponsors

2.-(1) Table 14 specifies the amount of the fees for the specified applications for sponsor licences, for the issuing of certificates of sponsorship and confirmations of acceptance for studies, and for premium services for sponsors.

(2) Table 15 specifies the amount of fees for other specified applications and processes in connection with sponsorship.

Fees for other applications in connection with sponsorship

3.-(1) Where a person holding an existing valid sponsor licence applies to add an additional Tier or additional Tiers to that licence, the fee payable is the sum equivalent to the difference (if any) between the fee already paid for the licence, and the highest fee chargeable in respect of a licence for any of the additional Tiers applied for.

(2) If the fee already paid is equal to or greater than that chargeable in respect of a licence for each additional Tier applied for, no further fee is payable.

(3) Where a person holding an existing valid sponsor licence applies for a separate licence, the fee payable is the full fee chargeable in respect of a licence for the relevant Tier.

Regulation 7

SCHEDULE 5CONSULAR FUNCTIONS

Interpretation

1.  In this Schedule-

"the 1968 Act" means the Consular Relations Act 1968(68);

"consular employee" has the same meaning as provided in Article 1(1)(e) of the Vienna Convention;

"consular function" means any of the functions described in Article 5 of the Vienna Convention set out in Schedule 1 to the 1968 Act or functions in the United Kingdom which correspond with those functions;

"consular officer" has the same meaning as provided in Article 1(1)(d) of the Vienna Convention;

"consular post" has the same meaning as provided in Article 1(1)(a) of the Vienna Convention;

"consular premises" has the same meaning as provided in Article 1(1)(j) of the Vienna Convention;

"supporting documents" means any letter, certificate, declaration or other document which may be required by an authority in any country or territory in connection with an application;

"Vienna Convention" means the Vienna Convention on Consular Relations set out in Schedule 1 to the 1968 Act;

"visa" includes an entry certificate, entry permit or other document which is to be taken as evidence of a person's eligibility for entry into a country or territory (other than a work permit).

Fees for the exercise of consular functions in connection with immigration and nationality

2.-(1) Table 16 specifies the amount of the fees for the exercise of the specified consular functions.

(2) The fee specified at 16.1.1 in Table 16 is to be read with paragraph 3 (charges for travel time when services are provided away from consular premises).

(3) Each of the fees specified in Table 16 is subject to paragraph 4 (discretion to waive fees for the services of consular officers or employees).

Charges for travel time when services are provided away from consular premises.

3.  For the purposes of calculation of the fee specified in fee 16.1.1 in Table 16, the hours or part hours during which the services of consular officers or consular employees are provided includes travel time where those services are provided away from the consular premises.

Discretion to waive fees for the services of consular officers or employees

4.  The official responsible for determining whether the services of consular officers or employees should be provided may waive the payment of the fee specified for such services in Table 16 where the official considers it is appropriate to do so in the particular circumstances of the case.

Regulation 8

SCHEDULE 6PREMIUM SERVICES (IN THE UNITED KINGDOM)

Interpretation

1.  In this Schedule-

"AO" means a civil servant of Administrative Officer grade;

"EO" means a civil servant of Executive Officer grade;

"HEO" means a civil servant of Higher Executive Officer grade;

"mobile premium service centre arrangements" means those arrangements that the Home Office enters into to attend at a mutually convenient location for processing applications for leave to remain;

"premium immigration status checking service" means the real time checking service which allows organisations to confirm an individual's immigration status with a view to determining whether the individual is entitled to certain goods, services, benefits or support, or entitled to goods or services free of charge;

"Registered Traveller service" means the discretionary service offered by the Home Office enabling the expedited entry of persons registered on the scheme into the United Kingdom or the transit of such persons through the United Kingdom;

"super premium service" means the super premium service for processing applications for leave to remain in the United Kingdom offered by the Home Office.

Fees for the provision of certain premium services in the United Kingdom, including the expedition of immigration or nationality applications

2.-(1) Table 17 specifies the amount of the fees for the provision of the specified premium services in the United Kingdom.

(2) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 17.

Waiver or reduction in respect of fees specified in Table 17

3.  The Secretary of State may waive or reduce any fee in respect of an application, request or service specified in Table 17.

Regulation 9

SCHEDULE 7PREMIUM SERVICES (OUTSIDE THE UNITED KINGDOM)

Interpretation

1.  In this Schedule-

"priority settlement service" means the optional priority service offered to applicants outside the United Kingdom, by which applications for entry clearance other than for the purposes of work or study, or for a visit visa, are processed on an expedited basis;

"priority visa service" means the optional priority service offered to applicants outside the United Kingdom, by which applications for entry clearance to enter the United Kingdom for the purposes of work or study, or for a visit visa, are processed on an expedited basis;

"super priority visa service" means the optional priority service offered to applicants outside the United Kingdom, by which it is aimed to process relevant applications for entry clearance to enter the United Kingdom within 24 hours of receipt of the application.

Fees for the submission and processing of immigration and nationality applications outside the United Kingdom, together with fees for connected services

2.-(1) Table 18 specifies the amount of fees for the provision of the specified premium services outside the United Kingdom.

(2) Paragraph 3 confers a discretion on the Secretary of State to waive or reduce the fees specified in Table 18.

Waiver or reduction in respect of the fees listed in Table 18

3.  The Secretary of State may waive or reduce any fee in respect of a service specified in Table 18.

Regulation 10

SCHEDULE 8NATIONALITY

Interpretation

1.-(1) In this Schedule-

"application for naturalisation as a British citizen" means an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act(72);

"application for naturalisation as a British overseas territories citizen" means an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act(73);

"application for registration as a British citizen under the 1981 Act" means an application for registration as a British citizen under sections 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4B, 4D, 4F, 10(1) or (2), or 13(1) or (3) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act(74);

"application for registration as a British citizen under the 1997 Act" means an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 1997(75);

"application for registration as a British overseas citizen" means an application for registration as a British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act(76);

"application for registration as a British overseas territories citizen" means an application for registration as a British overseas territories citizen under sections 13(1) or (3) of the 1981 Act (as applied by section 24 of that Act), 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act(77);

"application for registration as a British protected person" means an application for registration as a British protected person under article 7 of the 1982 Order(78);

"application for registration as a British subject" means an application for registration as a British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;

"certificate of entitlement" has the same meaning as provided for in section 33(1) of the 1971 Act(79);

"certificate of registration or naturalisation" means a certificate of registration or naturalisation issued under the 1981 Act.

(2) In this Schedule, subject to regulation 16 of these Regulations, an application is made on the date on which it is received by the Secretary of State or by any person authorised by the Secretary of State to receive nationality applications.

Fees for applications relating to nationality

2.-(1) Tables 19 and 20 specify the amount of the fees for the specified applications, processes and services relating to nationality.

(2) The fees specified in Table 20 are subject to paragraph 3 (Multiple declarations of renunciation of British citizenship).

Multiple declarations of renunciation of British citizenship

3.  Where a person makes more than one declaration of renunciation at the same time, for which the fee is specified in Table 20, only one such fee is payable.

Responsibility for paying the fee for the arrangement of a citizenship ceremony

4.-(1) The specified fee at 20.4.1 in Table 20 is payable by the person who is required by section 42 of the 1981 Act(84) to make a citizenship oath and pledge at a citizenship ceremony.

(2) Where the fee for the arrangement of a citizenship ceremony is not paid in accordance with sub-paragraph (1), the Secretary of State may not consider the related application for registration or naturalisation made by the person responsible for paying that fee.

Refunds of fees for the arrangement of a citizenship ceremony where an application is refused or the requirement to attend the ceremony is disapplied

5.  Where the fee specified is fee 20.4.1 in Table 20 for the arrangement of a citizenship ceremony and is paid in accordance with paragraph 4(1) it must be refunded where-

(a)the Secretary of State refuses to arrange the citizenship ceremony; or

(b)the Secretary of State decides that the registration is to be effected or the certificate of naturalisation is to be granted, but disapplies the requirement to make a citizenship oath and pledge at a citizenship ceremony because of the special circumstances of the case.

Regulation 11

SCHEDULE 9APPLICATIONS FOR ENTRY CLEARANCE TO ENTER THE ISLE OF MAN

Interpretation

1.  In this Schedule -

"present and settled" has the same meaning as in the Isle of Man immigration rules(85);

"visit visa" has the same meaning as in the Isle of Man immigration rules(86).

Fees for, and in connection with, applications for entry clearance to enter the Isle of Man

2.-(1) Table 21 specifies the amount of the fees for specified applications for entry clearance to enter the Isle of Man, as well as the fee for an approval letter.

(2) Table 22 specifies the amount of the fees for specified applications for entry clearance to enter the Isle of Man as the dependant of a main applicant.

(3) Table 23 provides an exception from the fees specified in Tables 21 and 22 in a specified circumstance and Table 24 provides for the waiver or reduction of fees specified in Tables 21 and 22 in specified circumstances.

(4) Paragraph 3 makes provision for the amount of fees to be paid in respect of an application for entry clearance to enter the Isle of Man by the dependant of a main applicant in circumstances where the fees specified in 21.3.3 of Table 21, or Table 22, do not apply.

(5) The fees specified in Table 21 are subject to paragraph 4.

(6) Each of the fees specified in 21.1.2 to 21.1.4 in Table 21 is calculated by reference to an annual rate.

(7) The annual rate referred to in sub-paragraph (6) for each of the fees in question is determined by dividing the amount of the fee by the number of years to which the application relates.

Applications by dependants

3.  Except in respect of applications for which a fee is specified in 21.3.3 of Table 21, or contained in Table 22, and subject to the exceptions and waivers set out in Tables 23 and 24, the fee for an application for entry clearance to enter the Isle of Man made by the dependant of a main applicant (whether or not that application is made at the same time as that of the main applicant) is the fee specified in Table 21 in respect of the main applicant's application.

Applications by CESC Nationals

4.-(1) Where an application for entry clearance to enter the Isle of Man of a kind set out in sub-paragraph (2) is made by a CESC national, and the applicant is the main applicant, the fee set out in Table 21 is to be reduced by £55.

(2) An application is of a kind mentioned in sub-paragraph (1) if it is an application for entry clearance to enter the Isle of Man as-

(a)a Tier 1 (Entrepreneur) Migrant;

(b)a Tier 1 (Exceptional Talent) Migrant;

(c)a Tier 1 (Graduate Entrepreneur) Migrant;

(d)a Tier 2 Migrant; or

(e)a Tier 5 (Temporary Worker) Migrant.

Regulation 12

SCHEDULE 10APPLICATIONS FOR ENTRY CLEARANCE TO ENTER THE BAILIWICK OF GUERNSEY AND THE BAILIWICK OF JERSEY

Interpretation

1.  In this Schedule "work permit employment" means employment as a work permit holder under-

(a)rules made by the States of Guernsey Committee for Home Affairs in respect of the Bailiwick of Guernsey under section 3(2) of the 1971 Act as extended to that bailiwick(87);

(b)rules made by the Minister for Home Affairs in respect of the Bailiwick of Jersey under section 1(4) of the 1971 Act as extended to that bailiwick(88).

2.-(1) Each of the fees specified in 25.2.2 to 25.2.4 in Table 25 is calculated by reference to an annual rate.

(2) The annual rate referred to in sub-paragraph (1) for each of the fees in question is determined by dividing the amount of the fee by the number of years to which the application relates.

Waiver in respect of the fees listed in Table 25

3.  The Secretary of State may waive a fee specified in Table 25.

Applications by dependants

4.  The fee for an application for entry clearance to enter the Bailiwick of Guernsey or the Bailiwick of Jersey as a dependant of a main applicant (whether that application is made at the same time as that of the main application or not) is the fee specified in Table 25 in respect of the main applicant's application, subject to the Secretary of State's discretion to waive the fee under paragraph 2.

Regulation 13

SCHEDULE 11MISCELLANEOUS FEES

1.  In this Schedule-

"connected application" means an application for leave to enter or leave to remain in the United Kingdom which has given rise to a decision which may potentially be the subject of administrative review, whether that application was made-

"linked application" means an application for leave to enter or leave to remain in the United Kingdom made by the dependant of a main applicant made on the same day as the main applicant's application for leave to enter or leave to remain in the United Kingdom;

"unlinked application" means an application for leave to enter or leave to remain in the United Kingdom by the dependant of a main applicant made on a different day to the day on which the main applicant's application for leave to enter or leave to remain was made.

Fee for the administration of the Life in the UK Test

2.  A fee of £50 is payable for the administration of the Life in the UK Test.

Fee for the process of administrative review, together with provision for exemption from, and waiver or reduction of, that fee

3.-(1) A fee of £80 is payable by a person requesting administrative review of-

(a)a single decision made-

(i)in respect of a connected application;

(ii)in respect of an unlinked application; or

(iii)to cancel leave to enter or leave to remain in the United Kingdom at the border;

(b)at least two decisions made-

(i)where one of those decisions is in respect of a connected application, and at least one other decision was in respect of a linked application;

(ii)where each of those decisions is in respect of two or more unlinked applications made on the same day; or

(iii)to cancel the leave to enter or leave to remain in the United Kingdom of a person and any of that person's dependants.

(2) In circumstances where administrative review is requested of at least two decisions in respect of at least two unlinked applications made on different days, a fee of £80 is payable in respect of each of those requests for administrative review.

(3) Notwithstanding sub-paragraphs (1) and (2), no fee is payable for the administrative review of a decision-

(a)in respect of any application where the person was exempt from paying the fee for the application, or the fee in respect of the application was waived;

(b)to cancel leave to enter or leave to remain in the United Kingdom when the person was exempt from paying the fee for the application which gave rise to the leave, or the fee in respect of that application was waived.

(4) If the outcome of the administrative review is that the decision under review is maintained, but for different or additional reasons, no fee is payable in respect of any request for administrative review-

(a)in respect of the revised decision; or

(b)of any subsequent decision made in relation to the application which gave rise to the decision under review.

(5) The Secretary of State must refund the fee specified in sub-paragraphs (1) or (2) if the outcome of the administrative review is that the decision under review is withdrawn.

(6) The Secretary of State may waive or reduce the fee specified in sub-paragraphs (1) or (2).

Regulation 14

SCHEDULE 12AMENDMENT OF THE FIRST-TIER TRIBUNAL (IMMIGRATION AND ASYLUM CHAMBER) FEES ORDER 2011

1.-(1) The First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011(89) is amended as follows.

(2) In article 2 (interpretation), for the definition of "the 2016 Regulations", substitute-

""the 2017 Regulations" means the Immigration and Nationality (Fees) Regulations 2017".

(3) For article 5(1A) and (1B) (exemption from fees) substitute-

"(1A) No fee is payable for a relevant appeal brought by an appellant who has been excepted from the requirement to pay an application fee under the 2017 Regulations in accordance with the following exceptions-

(a)exception 4.5 (application by person physically present in UK but liable to immigration detention where the requirement to pay the fee would be incompatible with the person's Convention rights) in Table 4 of paragraph (2) of Schedule 1 to those Regulations; or

(b)exception 9.4 (specified human rights applications) in Table 9 of paragraph (2) of Schedule 2 to those Regulations.

(1B) For the purposes of this article, a "relevant appeal" is an appeal against a decision to refuse the application in respect of which the appellant was excepted from the requirement to pay a fee under the 2017 Regulations.".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the Immigration and Nationality (Fees) Regulations 2016 (S.I. 2016/226). They also revoke the Immigration and Nationality (Fees) Regulations 2015 (S.I. 2015/768) for all remaining purposes.

These Regulations specify fees relating to immigration, nationality and associated functions. They are made further to the Immigration and Nationality (Fees) Order 2016 (S.I. 2016/177), as amended by the Immigration and Nationality (Fees) (Amendment) Order 2017 (S.I. 2017/440), which sets out the functions in connection with immigration and nationality for which the Secretary of State may charge a fee, and the maximum amount that may be charged for each of these functions. The Regulations also make provision which is incidental to the specification of those fees.

Schedules 1 and 2 specify fees for applications for entry clearance to enter, leave to enter and leave to remain in the UK and approval letters connected with entry clearance and leave to remain.

Schedule 3 specifies fees payable when requesting certain documents relating to immigration and nationality, whilst Schedule 4 specifies certain fees payable by sponsors when requesting particular products or services.

Schedule 5 specifies fees relating to the provision of consular services, Schedule 6 provides for fees payable in relation to premium services provided in the United Kingdom, whilst Schedule 7 makes provision for fees payable in respect of such services provided outside the United Kingdom. Schedule 8 specifies fees payable in connection with nationality.

Schedule 9 provides for fees relating to applications for entry clearance to the Isle of Man, whilst Schedule 10 makes similar provision in respect of the Bailiwick of Guernsey and the Bailiwick of Jersey.

Schedule 11 makes provision for fees payable in respect of miscellaneous matters including the administration of the life in the UK test. Schedule 12 makes amendments to the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 (S.I. 2011/2841) in consequence of the making of these Regulations.

Provision is also made in the Schedules to these Regulations for exceptions to certain of the fees specified, and the circumstances in which certain of them may be waived or reduced.

A note outlining the likely impact of these Regulations has been laid before Parliament together with these Regulations.