Citation and commencement

1. These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2012 and shall come into force on 6th April 2012.

Interpretation

2. In these Regulations-

"the 1971 Act" means the Immigration Act 1971(5);

"the 2011 Order" means the Immigration and Nationality (Fees) Order 2011;

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

"dependant" in respect of a person means-

of that person;

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

"entry clearance" has the same meaning as provided in section 33(1) of the 1971 Act(6), as extended to the Channel Islands(7);

"immigration and nationality fees regulations" means regulations made under sections 51(3) and 52(1) and (3) of the Immigration, Asylum and Nationality Act 2006;

"immigration rules" means the rules for the time being laid down by the Secretary of State as mentioned in section 3(2) of the 1971 Act(8);

"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;

"Public Enquiry Office" means a public enquiry office of the United Kingdom Border Agency;

"sponsor" means a sponsor under Part 6A of the immigration rules;

"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;

"transfer of conditions" means-

"United Kingdom Border Agency" means the United Kingdom Border Agency of the Home Office;

"unmarried or same-sex partner" of a person means someone who is living with that person in a relationship akin to a marriage or civil partnership which has subsisted for two years or more.

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

3. Schedule 1 to these Regulations has effect to specify-

(a)the amount of the fees for specified applications for leave to remain in the United Kingdom and variation of such leave and related services for the purposes of articles 3(2)(a) and (c) and 4(i) of the 2011 Order and exceptions to the requirement to pay such fees;

(b)the amount of the fees for specified applications for entry clearance to enter the United Kingdom for the purposes of article 3(2)(b) of the 2011 Order, exceptions to the requirement to pay such fees, and circumstances in which such fees may be waived or reduced; and

(c)the amount of the fees for specified applications for sponsor licences, for changes to a sponsor's status, and for related processes for the purposes of articles 3(2)(t) and (u) and 5 of the 2011 Order.

4. Schedule 2 to these Regulations has effect to specify the amount of fees for applications in connection with nationality for the purposes of article 3(2)(h), (j), (k), (l), (m), (n), (o) and (p) of the 2011 Order.

5. Schedule 3 to these Regulations has effect to specify the amount of fees for applications for entry clearance to enter either of the Channel Islands for the purposes of article 6 of the 2011 Order.

6. Schedule 4 to these Regulations has effect to specify-

(a)the amount of the fees for applications for a transfer of conditions for the purposes of articles 3(2)(e) and (s) of the 2011 Order; and

(b)the amount of the fees for the provision of services outside office hours for the purposes of article 4(j) of the 2011 Order.

Consequences of failing to pay the specified fee

7. Where these Regulations specify a fee which must accompany an application for the purposes of the 2011 Order, the application is not validly made unless it is accompanied by the specified fee.

Revocation

8. The Immigration and Nationality (Fees) Regulations 2011(10) are revoked.

Regulation 3

SCHEDULE 1

PART 1INTERPRETATION

1.-(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-

"assistance by a local authority" means assistance, accommodation or maintenance provided by a local authority (or in Northern Ireland, an authority, which has the same meaning as provided in Article 2(2) of the Children (Northern Ireland) Order 1995(12)) under-

"certificate of sponsorship" means an authorisation issued by the Secretary of State to a sponsor in respect of one of more applications, or potential applications, for leave to remain in or enter the United Kingdom;

"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(15);

"Highly Skilled Migrant" has the same meaning as provided in the immigration rules;

"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;

"online application" means an application made via the public website maintained by the United Kingdom Border Agency;

"PEO application" means-

"premium case-working basis" means the processing of applications for leave to remain in the United Kingdom under the super premium service offered by the United Kingdom Border Agency;

"premium sponsor status" has the same meaning as provided in the immigration rules;

"qualifying work permit holder" means an applicant for limited leave to remain in the United Kingdom who-

"small sponsor" means a sponsor that is-

"standard application" means either an application made by post or courier or an online application which is not a PEO application;

"Tier 1 Migrant", "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" have the same meaning as provided in the immigration rules;

"Tier 2 Migrant" and "Tier 2 (Intra-Company Transfer) Migrant" have the same meaning as provided in the immigration rules;

"Tier 4 Migrant" and "Tier 4 (General) Student" have the same meaning as provided in the immigration rules;

"Tier 5 Migrant" and "Tier 5 (Temporary Worker) Migrant" have the same meaning as provided in the immigration rules;

"work permit holder" has the same meaning as provided in the immigration rules.

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

(a)on 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, on the day on which the appeal is disposed of; or

(c)if the claimant has brought an appeal from within the United Kingdom, against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002(19) or section 2 of the Special Immigration Appeals Commission Act 1997(20) on the day on which the appeal is disposed of.

PART 2FEES FOR APPLICATIONS FOR LEAVE TO REMAIN IN THE UNITED KINGDOM

Fees for standard applications and PEO applications for leave to remain in the United Kingdom

2.-(1) Subject to paragraph (7), Table 1 specifies, in respect of each of the applications for limited leave to remain in the United Kingdom listed in the second column of that table, the amount of the fee where the application is made as a standard application and the amount of the fee where it is made as a PEO application.

(2) Table 2 specifies, in respect of each of the applications for indefinite leave to remain in the United Kingdom listed in the second column of that table, the amount of the fee where the application is made as a standard application and the amount of the fee where it is made as a PEO application.

(3) Table 3 provides for exceptions to the requirement to pay the fees specified in Tables 1 and 2.

(4) The fees specified in Tables 1 and 2 for applications for leave to remain in the United Kingdom as the dependant of a person making such an application ("the main applicant") apply where-

(a)in the case of standard applications, the application is made at the same time and by the same method as the main applicant's application;

(b)in the case of PEO applications which are made in person at a Public Enquiry Office, the application is made at the same Public Enquiry Office and on the same day as the main applicant's application; or

(c)in the case of PEO applications which are online applications the application is made at the same time and by the same method as the main applicant's application.

(5) In a case not specified in paragraph (4), the fee for an application for leave to remain in the United Kingdom as the dependant of the main applicant will be the fee specified for the main applicant's application.

(6) The fees specified in Tables 1 and 2 are subject to paragraph 3 (Multiple applications for leave to remain in the United Kingdom).

(7) In respect of applications for limited leave to remain as a Tier 5 (Temporary Worker) migrant (including applications to remain as a dependant of such a person), Table 1 specifies the amount of the fee for a PEO application(21).

Multiple applications for leave to remain in the United Kingdom

3.-(1) A single fee shall be payable where two or more applications for limited or indefinite leave to remain in the United Kingdom in respect of the same person-

(a)are made at the same time; or

(b)are being considered at the same time by the Secretary of State.

(2) Where the fees in respect of applications are different, the fee shall be the higher, or the highest, of the fees specified in respect of those applications.

Fees in respect of applications for leave to remain in the United Kingdom made on a premium case working basis

4.-(1) The fee for an application for leave to remain in the United Kingdom which is made on a premium case working basis is the fee that would be payable under these Regulations if the application was made as a PEO application.

(2) In addition to the fee specified in sub-paragraph (1), a fee of £6000 is payable for the attendance by a representative of the Secretary of State at a premises for the purposes of an application for leave to remain in the United Kingdom made on a premium case working basis.

PART 3FEES FOR APPLICATIONS FOR ENTRY CLEARANCE TO ENTER THE UNITED KINGDOM

Fees for applications for entry clearance

5.-(1) Table 4 specifies the amount of the fees for the specified applications for entry clearance to enter the United Kingdom.

(2) Table 5 provides for exceptions to the requirement to pay the fees specified in Table 4 and Table 6 confers a discretion on the Secretary of State or the official determining an application to waive the fees specified in Table 4 in certain circumstances.

PART 4FEES FOR SPONSOR LICENCES, PREMIUM SPONSOR STATUS AND RELATED PROCESSES

Fees for applications for sponsor licences, for premium sponsor status or for certificates of sponsorship

6. Table 7 specifies the amount of fees for applications for sponsor licences or the renewal of such a licence where the application is not in respect of a small sponsor, for premium sponsor status or for the issuing of certificates of sponsorship.

Regulation 4

SCHEDULE 2

Interpretation

1. In this Schedule-

"the 1981 Act" means the British Nationality Act 1981(24);

"the 1982 Order" means the British Protectorates, Protected States and Protected Persons Order 1982(25);

"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;

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

"application for registration as a British citizen under the 1981 Act" means an application for registration as a British citizen under section 1(3)(26), (3A)(27) or (4), 3(1), (2)(28) or (5)(29), 4(2) or (5), 4A(30), 4B(31), 4D(32), 10(1)(33) or (2)(34), or 13(1) or (3) of the 1981 Act, or paragraph 3(35), 4(36) or 5 of Schedule 2 to, the 1981 Act;

"application for registration as a British citizen under the 1997 Act" means an application for registration under section 1 of the British Nationality (Hong Kong) Act 1997(37);

"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(38) of that Act), or 15(3)(39) or (4)(40), 17(1)(41), (2)(42) or (5)(43), or 22(1)(44) or (2)(45) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act;

"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;

"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(46);

"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.

Fees for applications relating to nationality

2.-(1) Table 8 specifies the amount of fees for applications relating to nationality.

(2) The fees specified in Table 8 are subject to paragraph 3 (fee reduction for applications for naturalisation by spouses or civil partners) and paragraph 4 (fee reduction for applications for registration in respect of two or more children).

Fee reduction for applications for naturalisation by spouses or civil partners

3. Where either a husband and wife, or two people who are civil partners of each other, apply at the same time for naturalisation as British citizens or British overseas territories citizens and at the time the applications are made are residing together, the total fee payable in respect of those applications is £1,157.

Fee reduction for applications for registration in respect of two or more children

4.-(1) Where two or more applications are made at the same time for the registration of children as British citizens, British overseas territories citizens, British overseas citizens or British subjects and those children have the same parent, or parents, the total fee payable in respect of those applications shall be £827 for two applications, with an increase of £276 to that fee for every additional application.

(2) In this paragraph "parent" includes a step-parent and an adoptive parent.

Regulation 5

SCHEDULE 3

Interpretation

1. In this Schedule-

"work permit employment" means employment as a work permit holder under-

Fees for applications for entry clearance to enter the Channel Islands

2. Table 9 specifies the amount of fees for applications received outside the British Islands for entry clearance to enter either of the Channel Islands.

Exceptions and waivers in respect of fees for applications for entry clearance to enter the Channel Islands

3. No fee is payable in respect of an application referred to in this Schedule for entry clearance to enter the Channel Islands where that application is made under the terms of the EC Association Agreement with Turkey.

4. No fee is payable in respect of an application for entry clearance to enter the Channel Islands referred to in this Schedule where the Secretary of State determines that the fee should be waived.

Regulation 6

SCHEDULE 4

Fees for applications for the transfer of conditions

1. Table 10 specifies the amount of fees for applications for a transfer of conditions.

Fees for the provision of services outside office hours

2.-(1) Table 11 specifies the amount of fees for the provision of services by a representative of the Secretary of State outside office hours.

(2) The fees specified in Table 11 are payable in addition to the fee specified in these Regulations or other immigration and nationality regulations in relation to the application in respect of which the services are provided.

(3) In Table 11 "immigration or nationality application" means an application for which a fee is specified in these Regulations or other immigration and nationality fees regulations.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, made under sections 51(3), 52(1) and 52(3) of the Immigration, Asylum and Nationality Act 2006, specify fees relating to immigration and nationality. They are made for the purposes of the Immigration and Nationality (Fees) Order 2011 (S.I. 2011/445), which sets out the applications, services and processes related to immigration and nationality for which fees may be specified in regulations.

These Regulations specify fees in cases where the amount of the fee either exceeds the administrative costs incurred by the Secretary of State or reflects the costs related to other applications, services or processes relating to immigration or nationality. The Secretary of State is permitted to set fees exceeding the administrative costs of processing an application or providing a process or service by section 42 (1), (2), and (2A) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. Under section 42(7) of that Act any instrument made in reliance on sections 42(1), (2) and (2A), such as these Regulations, must be approved by both Houses of Parliament before it is made.

Fees relating to immigration and nationality applications, processes and services, which do not exceed the administrative costs involved, are specified in other regulations, subject to the negative resolution procedure, made under sections 51(3), 52(1) and 52(3) of the Immigration, Asylum and Nationality Act 2006. Consequently where fees are not specified in these Regulations in relation to certain types of applications they may be specified in those other regulations.

These Regulations replace, with modifications, the Immigration and Nationality (Fees) Regulations 2011. They specify fees relating to; applications for limited and indefinite leave to remain in the United Kingdom, applications for entry clearance to enter the United Kingdom, and applications relating to nationality. They include fees for applications for entry clearance or leave to remain made under the Points-Based System set out in Part 6A of the immigration rules and for sponsor licenses and premium sponsor status. These Regulations in addition specify the fees for various services and processes, including the expedited provision of residence cards and permanent residence cards, the processing of applications for limited leave to remain made on a premium case working basis and the provision of services by the United Kingdom Border Agency outside office hours. Finally these Regulations specify a number of fees for applications made outside the United Kingdom for entry clearance to enter the Channel Islands.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.