Citation, commencement and extent

1.-(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.

Amendments to the Immigration and Nationality (Fees) Regulations 2018

2.  The Immigration and Nationality (Fees) Regulations 2018(3) are amended as follows.

3.  In regulation 2-

(a)for the definition of "Innovator" substitute-

""Innovator"-

(b)for the definition of "Start-up Migrant" substitute-

""Start-up Migrant"-

4.  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."

5.  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".

6.-(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).

7.-(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).

8.-(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".

9.-(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-

(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(8) or section 35 or 36 of the Human Fertilisation and Embryology Act 2008(9),

(c)no person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008(10), 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(11)."

10.-(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."

11.-(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-

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Immigration and Nationality (Fees) Regulations 2018 ("the principal Regulations").

Regulations 4(b) and 9(1), (2)(a) and (3) provide for a new exception from the requirement to pay a fee for certain applications for registration as a British citizen under section 4F of the British Nationality Act 1981 (c. 61). The fees for such applications are currently set by entries 19.2.1 and 19.3.1 in Table 19 in Schedule 8 to the principal Regulations.

Regulations 4(c) and 9(1), (2)(b) and (4) confer a power on the Secretary of State to waive payment of the fee set by entry 19.3.1 in Table 19 in Schedule 8 to the principal Regulations in respect of an application, made on specified grounds under section 3(1) of the British Nationality Act 1981, for a child born on or after 1st July 2006 to be registered as a British citizen at the Secretary of State's discretion.

Regulations 5 and 10(1), (2), (5) and (6) provide for new exceptions from requirements to pay a fee for certain applications for entry clearance to enter the Isle of Man. The exceptions apply to applications for entry clearance under Appendix EU (Family Permit) to the Isle of Man immigration rules and applications for entry clearance made for the purposes of an application for leave to enter or remain in the Isle of Man under Appendix EU to those rules. Those Appendices make provision in connection with the withdrawal of the United Kingdom from the European Union. Appendix EU (Family Permit) provides for citizens of countries outside the EEA and Switzerland to be granted entry clearance to join or accompany a family member who is an EEA or Swiss citizen who has been granted leave to enter or remain in the Isle of Man under Appendix EU to the Isle of Man immigration rules. Appendix EU provides for EEA and Swiss citizens, and their family members, and the family members of certain British citizens, to obtain leave to enter or remain in the Isle of Man.

Regulations 6 and 7 remove existing fees for applications for entry clearance to enter, and for limited leave to remain in, the United Kingdom as a Tier 1 (Graduate Entrepreneur) Migrant. The United Kingdom immigration rules no longer provide for such applications. However, it continues to be possible for dependants of Tier 1 (Graduate Entrepreneur) Migrants to apply for entry clearance and for limited leave to remain, and the amendments made by regulations 6(3) and 7(3) preserve the existing fees for such applications (currently set by paragraph 3 of Schedule 1 and paragraph 3 of Schedule 2 to the principal Regulations).

Regulation 8 removes existing fees for the provision, for a period of three months, of premium services to sponsors who issue certificates of sponsorship for persons seeking entry clearance to enter, leave to enter or leave to remain in the United Kingdom under Tier 2 or Tier 5 in the United Kingdom immigration rules. The provision of these services for a limited three month period has been withdrawn.

Regulation 10(1), (3)(a) and (7)(a) removes existing fees for applications for entry clearance to enter the Isle of Man as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant. The Isle of Man immigration rules no longer provide for such applications. However, it continues to be possible for dependants of Tier 1 (Entrepreneur) Migrants and Tier 1 (Graduate Entrepreneur) Migrants to apply for entry clearance, and regulation 10(4) preserves the existing fees for such applications (currently set by paragraph 3 of Schedule 9 to the principal Regulations).

Regulation 10(1) and (3)(b) sets new fees for applications for entry clearance to enter the Isle of Man as an Innovator or a Start-up Migrant. Regulation 10(7)(c) provides for the reduction of such fees in specified circumstances. Regulation 3 adds definitions of "Innovator" and "Start-up Migrant" in relation to the Isle of Man for these purposes (and restates the definitions of those expressions that already apply to other provisions of the principal Regulations in relation to the United Kingdom).

Regulation 11 sets a new fee for applications for entry clearance to enter the Bailiwick of Guernsey for the purposes of work permit employment for a period of 9 months or less.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.