Citation, commencement and extent

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) and Passport (Fees) (Amendment) Regulations 2023.

(2) These Regulations come into force—

(a) for the purposes of regulation 3 and the Schedule, on 2nd February 2023;

(b) for all other purposes, on 30th January 2023.

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

Amendments to Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018

2.—(1) Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018( 4) (applications for leave to remain in the United Kingdom) is amended as follows.

(2) In paragraph 1(1) (interpretation), omit the definitions of “positive conclusive grounds decision”, “the Trafficking Convention” and “Trafficking Convention reason”.

(3) In paragraph 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 9.10—

(a) for the heading substitute “Grant of leave to remain in the United Kingdom under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules”( 5);

(b) in 9.10.1, for the words from “No fee” to “decision” substitute—

“No fee is payable in respect of the first grant of leave under Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules) (“the Appendix”) (whether or not an application is made for such leave to be granted). ”;

(c) in 9.10.2, for the words from “No fee” to “ reason” (in the second place where it occurs) substitute—

“No fee is payable in respect of a further grant of leave under the Appendix where the individual—

(a) has not yet accrued in total thirty months limited leave to remain in the United Kingdom, granted as discretionary leave or under the Appendix; or

(b) was not originally granted thirty months limited leave to remain in the United Kingdom (granted as discretionary leave or under the Appendix) and the application is to allow the individual to have in total thirty months limited leave. ”;

(d) in 9.10.3, for the words from “No fee” to “destitute” substitute—

“No fee is payable in respect of an application made under the Appendix where—

(a) 9.10.2 does not apply because the individual has accrued—

(i) thirty months or more limited leave to remain in the United Kingdom granted as discretionary leave;

(ii) thirty months or more limited leave to remain in the United Kingdom granted under the Appendix; or

(iii) a total of thirty months or more limited leave to remain in the United Kingdom granted as discretionary leave or under the Appendix; and

(b) at the time of making the application the individual appears to the Secretary of State to be destitute. ”.

Amendments to the Schedule to the Passport (Fees) Regulations 2022

3.  The Schedule to the Passport (Fees) Regulations 2022( 6) is amended in accordance with the Schedule to these Regulations.

Regulation 3

SCHEDULE AMENDMENTS TO THE SCHEDULE TO THE PASSPORT (FEES) REGULATIONS 2022

1.  For the table in paragraph 2 substitute—

2.  For paragraph 3 substitute—

“3.— (1)  This paragraph and paragraph 4 apply where the application is administered under one of the priority services.

(2)   Where the prospective passport holder is an under-16 prospective passport holder or an over-16 prospective passport holder born after 2nd September 1929 and—

(a) the application is administered under the fast track service, the fee is the standard fee plus £72.50;

(b) the application is administered under the premium service, the fee is the standard fee plus £111.

(3)  Where the prospective passport holder is an over-16 prospective passport holder born on or before 2nd September 1929 and—

(a) the application is administered under the fast track service, the fee is £72.50;

(b) the application is administered under the premium service, the fee is £111. ”.

3.  In paragraph 4, for the words from “relevant” to the end substitute “fee for the fast track service specified in paragraph 3(2)(a) or, as the case may be, (3)(a), plus £22”.

4.  In paragraph 7, for “£10” substitute “£11”.

5.  For paragraph 8 substitute—

“8.— (1)  This paragraph and paragraph 9 apply where the application is administered under one of the priority services.

(2)  Where—

(a) the application is administered under the fast track service, the fee is the standard fee plus £83.50;

(b) the application is administered under the premium service, the fee is the standard fee plus £122. ”.

6.  In paragraph 9, for the words from “relevant” to the end substitute “fee for the fast track service specified in paragraph 8(2)(a) plus £22”.

7.  In paragraph 10, for “£10” substitute “£11”.

8.  In paragraph 11, for “£10” substitute “£11”.

9.  For the table in paragraph 12 substitute—

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 of these Regulations amends Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018 ( S.I. 2018/330) so as to clarify that the waiver of fees otherwise payable by those who fall within the Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules (HC 719) issued on 18th October 2022 applies to all those coming within that Appendix. That regulation also makes consequential amendments to that Schedule.

Regulation 3 of, and the Schedule to, these Regulations amend the Passport (Fees) Regulations 2022 ( S.I. 2022/660). The amendments increase some of the fees imposed in Parts 1 and 2 of the Schedule to those Regulations in respect of passport applications by approximately 9.1% and reduce the fees in respect of certain other passport applications specified in those Parts.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from Home Office, Fees and Income Planning Team, 2 Marsham Street, London, SW1P 4DF and it will be published alongside the Explanatory Memorandum atwww.legislation.gov.uk.