The Immigration and Nationality (Fees) (Amendment No. 2) Regulations 2008

Amendment

2.—(1) The Immigration and Nationality (Fees) Regulations 2007(1) shall be amended as follows.

(2) In regulation 2 (interpretation)—

(a)after the definition of “assistance”, insert—

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

(b)after the definition of “the 2007 Order”, omit “and” and insert—

““Tier 1 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 1” of the immigration rules’ “Points Based System”;

“Tier 2 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 2” of the immigration rules’ “Points Based System”;

“Tier 4 migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under “Tier 4” of the immigration rules’ “Points Based System”;

“Tier 5 migrant” means a migrant who makes make an application of a kind identified in the immigration rules as requiring to be considered under “Tier 5” of the immigration rules’ “Points Based System”;

“Tier 5 (Temporary Worker) migrant” means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under the category “Tier 5 (Temporary Worker)” of the immigration rules’ “Points Based System”; and”.

(3) In regulation 5(1) (fees for applications for leave in the United Kingdom), omit sub-paragraphs (a) to (c).

(4) For regulation 5A(2) (fees for applications for leave in the United Kingdom) substitute—

“5A.—(1) In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 1 migrant, the fees are those specified in paragraphs (2) and ( 3).

(2) Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant under the immigration rules, the fee is—

(a)subject to sub-paragraph (b), £750;

(b)£350 for an application by a person who has been granted an approval letter under the Highly Skilled Migrant Programme that is valid for such an application.

(3) Where the application is for limited leave to remain in the United Kingdom as a Tier 1 (Post Study Work) migrant under the immigration rules the fee is £400.

(4) This regulation is subject to regulations 9, 12, 13 and 14.”

(5) In regulation 5B(2)(3) (fees for applications for leave in the United Kingdom)—

(a)omit sub-paragraphs (e) to (g);

(b)after sub-paragraph (m), omit “or”; and

(c)after sub-paragraph (n), insert,

“; or

(o)of a kind identified in the immigration rules as requiring to be considered under a “Points Based System”.”

(6) After regulation 5B (fees for applications for leave in the United Kingdom), insert—

“5C.—(1) In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a Tier 2 migrant, the fee is £400.

(2) This regulation is subject to regulations 9, 12, 13 and 14.”.

(7) In regulation 9 (exceptions in respect of fees for leave to remain applications), after “5A” insert, “, 5C or, insofar as the application is in made for leave to remain as a Tier 5 (Temporary Worker) migrant, 5D.

(8) In regulation 12, (exceptions in respect of fees for leave to remain applications), after “5B” insert, “, 5C, 5D”.

(9) In regulation 15(1) (fees for immigration employment documents), omit sub-paragraph (a) and “or” which follows it.

(10) Omit regulation 17 (fees for immigration employment documents).

(11) In regulation 20(1) (fees for nationality applications), for “article 3(2)(h) to (k)”, substitute “article 3(2)(h) to (l)”.

(12) For regulation 20A(4) (fees for sponsorship applications) substitute—

“20A.—(1) In the case of an application to which article 3(2)(p) of the 2007 Order applies, where the application is not in respect of a person who, if granted a sponsorship licence, would be a small sponsor, and the application is for a licence referred to in paragraph (2), the fee is £1000.

(2) The sponsorship licences are—

(a)a sponsorship licence in respect of Tier 2 migrants;

(b)a sponsorship licence in respect of Tier 2 and Tier 4 migrants;

(c)a sponsorship licence in respect of Tier 2 and Tier 5 migrants; and

(d)a sponsorship licence in respect of Tier 2, Tier 4 and Tier 5 migrants.”.

(13) In regulation 20B(1)(5) (fees for entry clearance applications)—

(a)in sub-paragraph (a), after “Tier 1 (General) migrant”, insert, “, Tier 1 (Entrepreneur) migrant or a Tier 1 (Investor) migrant”;

(b)after sub-paragraph (b) insert—

“(ba)where the application is for entry clearance as a Tier 1 (Post Study) migrant under the immigration rules the fee is £205;

(bb)where the application is for entry clearance as a Tier 2 migrant the fee is £205.”

(c)after sub-paragraph (d)(vi), omit “or”; and

(d)after sub-paragraph (d)(vii), insert—

“; or

(viii)as a Tier 5 migrant,”.

(14) In regulation 20C(6), after paragraph (b), omit “or” and after paragraph (c) insert—

“; or

(d)the application is—

(i)for entry clearance as a Tier 1 (General) migrant under the immigration rules, a Tier 2 migrant or a Tier 5 (Temporary Worker) migrant; and

(ii)is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.”

(15) After regulation 20E(7) (fee for a certificate of entitlement to the right of abode), insert—

“Fee for the process of issuing a certificate of sponsorship

20F.—(1) Subject to paragraph (2), in the case of a process to which article 5 of the 2007 Order applies, the fee shall be £170 where the process is the issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain or enter the United Kingdom as a Tier 2 migrant.

(2) No fee is payable in respect of the process for which a fee is specified in paragraph (1) where the certificate is issued in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.”.