Citation, commencement and extent

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

(2) These Regulations come into force as follows—

(a) this regulation, regulation 2 and regulation 3 come into force on 9th October 2024 at 9.00 a.m.;

(b) regulation 4 comes into force on 10th October 2024;

(c) regulation 5 comes into force on 8th November 2024;

(d) regulation 6 comes into force on 18th February 2025.

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

Amendments to the Immigration and Nationality (Fees) Regulations 2018

2.  The Immigration and Nationality (Fees) Regulations 2018( 3) are amended in accordance with regulations 3 to 6.

Amendments relating to bereaved partners

3.—(1) In Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom), in Table 5 (waivers or reductions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom), after entry 5.6.1, insert—

(2) In Schedule 2 (applications for leave to remain in the United Kingdom), in Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom), after entry 9.26.2, insert—

Amendment relating to VIP Delegate visas

4.  In Schedule 1, 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), after entry 4.14.2, insert—

Amendments relating to Appendix Family Reunion (Protection) and Appendix Child staying with or joining a Non-Parent Relative (Protection)

5.  In Schedule 2, in paragraph 1(1) (interpretation)—

(a) in the definition of “Article 3 or Refugee Convention application”, in paragraph (d), omit “a dependant of a refugee or person granted humanitarian protection under the immigration rules and is”;

(b) in the definition of “specified human rights application”, after sub-paragraph (c), omit “or” and insert—

“(ca) Appendix Child staying with or joining a Non-Parent Relative (Protection) to the immigration rules( 6) ; or ”.

Amendment relating to Diplomatic Visa Arrangement Visitor visas

6.  In Schedule 1, in Table 4, after entry 4.15.1 (as inserted by regulation 4), insert—

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Immigration and Nationality (Fees) Regulations 2018 ( S.I. 2018/330) which set fees for the exercise of various functions in connection with immigration and nationality.

Regulation 3 amends Schedules 1 and 2 to the Regulations to provide for waivers of the fees applicable to applications for entry clearance and leave to enter (Schedule 1) or leave to remain (Schedule 2) as a bereaved partner where the applicant appears to be destitute.

Regulation 4 introduces a new exception to the requirement to pay fees for applications for entry clearance for persons accompanying Heads of State or Government ministers on official visits to the United Kingdom. The exception applies to applications under the new Appendix VIP Delegate Visa to the immigration rules.

Regulation 5 makes minor technical amendments. Regulation 5(a) aligns the wording of the existing exception from fees for in-country applications for leave to remain under Appendix Family Reunion (Protection) for dependants of a person with protection status in the United Kingdom with the wording of the exception for applications from overseas.  It amends the definition of “Article 3 or Refugee Convention application” in paragraph 1 of Schedule 2, which is used in entry 9.1 in Table 9 of Schedule 2.

Regulation 5(b) clarifies the provision (at entry 9.4 of Table 9) which enables waiver of fees for “specified human rights applications” for leave to remain, where to require payment of the fee would be incompatible with the applicant's human rights.  It amends the definition of “specified human rights application” in paragraph 1 of Schedule 2 to expressly include an application for limited leave to remain under Appendix Child staying with or joining a Non-Parent Relative (Protection).

Regulation 6 introduces a new exception to the requirement to pay fees for applications for entry clearance in respect of a new visitor visa for diplomatic passport holders under Appendix V:Visitor to the immigration rules. The Diplomatic Visa Arrangement Visitor visa replaces the diplomatic visa waiver for such persons.

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