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The Immigration and Nationality (Fees) Regulations 2012

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Regulation 3

SCHEDULE 1

This schedule has no associated Explanatory Memorandum

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—

(a)

a person making a claim for asylum within the meaning of section 94(1) of the Immigration and Asylum Act 1999(1) which has either not been determined or has been granted;

(b)

a person who has been granted humanitarian protection under the immigration rules;

(c)

a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum;

(d)

a person who is a dependent of a person referred to in paragraph (a), (b) or (c) and is applying for leave to enter or remain in the United Kingdom under paragraphs 352A to 352FI of the immigration rules; or

(e)

a child who does not come within paragraph (d) who was born in the United Kingdom to a person referred to in paragraph (a), (b) or (c);

“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(2)) under—

(a)

section 17, 20 or 23 of the Children Act 1989(3);

(b)

section 22, 25 or 26 of the Children (Scotland) Act 1995(4); or

(c)

article 18, 21 or 27 of the Children (Northern Ireland) Order 1995;

“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(5);

“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—

(a)

an application made in person at a Public Enquiry Office; or

(b)

an online application where the applicant, when making the application, chooses to use the procedure which requires applicants to attend a Public Enquiry Office for the purposes of processing the application;

“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—

(a)

was granted leave to remain in the United Kingdom for 3 years as a Tier 2 Migrant on the basis that they were a Qualifying Work Permit Holder under Part 6A of the immigration rules;

(b)

is applying to extend the duration of the leave to remain referred to in paragraph (a) to 5 years; and

(c)

is still working for the same employer and in the same role as they were when the leave to remain referred to in paragraph (a) was granted;

“small sponsor” means a sponsor that is—

(a)

a company that qualifies as small in accordance with sections 382 and 383 of the Companies Act 2006(6);

(b)

in the case of a person who is not a company for the purposes of those sections, a person who employs no more than 50 employees; or

(c)

a charity within the meaning of section 1 of the Charities Act 2011(7), or section 1 of the Charities Act (Northern Ireland) 2008(8) or a body entered in the Scottish Charity Register.

“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(9) or section 2 of the Special Immigration Appeals Commission Act 1997(10) 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(11).

Table 1 (Fees for standard applications and PEO applications for limited leave to remain in the United Kingdom)
Number of feeType of application for limited leave to remainAmount of fee for standard applicationsAmount of fee for PEO applications
1.1General fees for applications for limited leave to remain in the United Kingdom
1.1.1Application for limited leave to remain where the fee is not specified elsewhere in this table or in other immigration and nationality fees regulations.£561£867
1.1.2Application for limited leave to remain as the dependant of a person making an application for limited leave to remain to which fee 1.1.1 applies.£281£434
1.2Fees for applications for limited leave to remain in the United Kingdom under the Points-Based System
1.2.1Application for limited leave to remain as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant where fee 1.2.2 does not apply.£1,020£1,326
1.2.2Application for limited leave to remain as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant where the applicant is a CESC national.£918£1,193
1.2.3Application for limited leave to remain as a Tier 1 (General) Migrant where fees 1.2.4 and 1.2.5 do not apply.£1,500£1,800
1.2.4Application for limited leave to remain as a Tier 1 (General) Migrant where the applicant is a CESC national and fee 1.2.5 does not apply.£1,350£1,620
1.2.5Application for limited leave to remain as a Tier 1 (General) Migrant where the applicant has been previously granted a Highly Skilled Migrant Approval Letter under Part 6A of the immigration rules that is valid for such an application.£500£700
1.2.6Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant where fee 1.2.7 does not apply.£700£1,000
1.2.7Application for limited leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant where the applicant is a CESC national.£630£900
1.2.8Application for limited leave to remain as a Tier 1 (Investor) Migrant.£1,020£1,326
1.2.9Application for limited leave to remain as a Tier 2 Migrant where fees 1.2.10, 1.2.11 and 1.2.12 do not apply.£561£867
1.2.10Application for limited leave to remain as a Tier 2 Migrant where the applicant is a CESC national and fee 1.2.12 does not apply.£505£780
1.2.11Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months where fee 1.2.12 does not apply.£400£700
1.2.12Application for limited leave to remain as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months where the applicant is a CESC national.£360£630
1.2.13Application for limited leave to remain as a Tier 4 Migrant.£394£716
1.2.14Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant where fee 1.2.15 does not apply.-£661
1.2.15Application for limited leave to remain as a Tier 5 (Temporary Worker) Migrant where the applicant is a CESC national.-£595
1.3Fees for applications for limited leave to remain in the United Kingdom by dependants of those applying for limited leave to remain under the Points-Based System
1.3.1Application for limited leave to remain as the dependant of a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant.£510£663
1.3.2Application for limited leave to remain as the dependant of a Tier 1 (General) Migrant where fee 1.3.3 does not apply.£750£900
1.3.3Application for limited leave to remain as the dependant of a Tier 1 (General) Migrant who has been previously granted a Highly Skilled Migrant Approval Letter under Part 6A of the immigration rules that is valid for such an application.£250£350
1.3.4Application for limited leave to remain as the dependant of a Tier 1 (Graduate Entrepreneur) Migrant.£350£500
1.3.5Application for limited leave to remain as the dependant of a Tier 1 (Investor) Migrant.£510£663
1.3.6Application for limited leave to remain as the dependant of a Tier 2 Migrant where fee 1.3.7. does not apply.£281£434
1.3.7Application for limited leave to remain as the dependant of a Tier 2 (Intra-Company Transfer) Migrant with limited leave to remain in the United Kingdom for a period of not more than 12 months.£200£350
1.3.8Application for limited leave to remain as the dependant of a Tier 4 (General) Student.£197£358
1.3.9Application for limited leave to remain as the dependant of a Tier 5 (Temporary Worker) Migrant.-£330
1.4Fees for other applications for limited leave to remain in the United Kingdom
1.4.1Application for limited leave to remain as a representative of an overseas business under Part 5 of the immigration rules.£1,020-
1.4.2Application for limited leave to remain as the dependant of a representative of an overseas business under Part 5 of the immigration rules.£510-
1.4.3Application for limited leave to remain as a retired person of independent means under Part 7 of the immigration rules.£1,020-
1.4.4Application for limited leave to remain as the dependant of a retired person of independent means under Part 7 of the immigration rules.£510-
Table 2 (Fees for standard applications and PEO applications for indefinite leave to remain in the United Kingdom)
Number of feeType of application for indefinite leave to remainAmount of fee for standard applicationsAmount of fee for PEO applications
2.1General fees for applications for indefinite leave to remain in the United Kingdom
2.1.1Application for indefinite leave to remain where the fee is not specified elsewhere in this table or in other immigration and nationality fees regulations.£991£1,377
2.1.2Application for indefinite leave to remain as the dependant of a person making an application for limited leave to remain to which fee 2.1.1 applies.£496£689
2.2Fee for applications for indefinite leave to remain in the United Kingdom by dependent relatives of a person present and settled in the United Kingdom
2.2.1Application for indefinite leave to remain as a parent, grandparent or other dependent relative of a person present and settled in the United Kingdom under paragraph 317 of the immigration rules.£1,850£2,258
2.3Fees for applications for indefinite leave to remain in the United Kingdom in respect of CESC nationals
2.3.1Application for indefinite leave to remain where the applicant is a CESC national and a work permit holder.£893£1,239
2.3.2Application for indefinite leave to remain where the applicant is a CESC national and a Highly Skilled Migrant.£893£1,239
2.3.3Application for indefinite leave to remain where the applicant is a CESC national applying as a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a Tier 1 (General) Migrant or a Tier 2 Migrant.£893£1,239
Table 3 (Exceptions)
Number and description of the exceptionFees to which exception applies
3.1Article 3 or Refugee Convention applications
No fee is payable in respect of an Article 3 or Refugee Convention application.Fees 1.1.1, 1.1.2, 2.1.1 and 2.1.2.
3.2Destitute victims of domestic violence
No fee is payable in respect of an application as a victim of domestic violence under paragraph 289A of the immigration rules, where at the time of making the application the applicant appears to the Secretary of State to be destitute.Fees 2.1.1 and 2.1.2.
3.3Short term variation of leave to enter or remain
No fee is payable in respect of an application made to an immigration officer on arrival at a port of entry in the United Kingdom in respect of a person seeking variation of leave to remain in the United Kingdom for a period of up to 6 months.Fees 1.1.2, 1.2.13 to 1.2.15, 1.3.1 to 1.3.9, 1.4.2 to 1.4.4.
3.4Children being provided with assistance by a local authority
No fee is payable in respect of an application made in respect of a person who, at the time of making the application is a child and is being provided with assistance by a local authority.Fees 1.1.1, 1.2.13 to 1.2.15, 2.1.1, 2.2.1 and 2.3.1 to 2.3.3.
3.5Applications under the EC Association Agreement with Turkey
No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.All fees in Table 1.
3.6Applications by Olympic or Paralympic Games Family Member Visitors
No fee is payable in respect of an application made under paragraphs 56R to 56T of the immigration rules(12).Fee 1.1.1
3.7Applications by Olympic or Paralympic Games Family Member Child Visitors
No fee is payable in respect of an application made under paragraphs 56U to 56W of the immigration rules(13).Fee 1.1.1.
3.8Applications from qualifying work permit holders
No fee is payable in respect of an application from a qualifying work permit holder.Fees 1.2.9 to 1.2.12.

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.

Table 4 (Fees for applications for entry clearance to enter the United Kingdom)
Number of feeType of application for entry clearance to enter the United KingdomAmount of fee
4.1General fee for applications for entry clearance to enter the United Kingdom
4.1.1Application for entry clearance (other than an application by a person passing through the United Kingdom) where the fee is not specified elsewhere in this table or other immigration and nationality regulations.£270
4.2Fees for applications for entry clearance to enter the United Kingdom under the Points-Based System
4.2.1Application for entry clearance as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant where fee 4.2.2 does not apply.£816
4.2.2Application for entry clearance as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Exceptional Talent) Migrant where the applicant is a CESC national.£734
4.2.3Application for entry clearance as a Tier 1 (Investor) Migrant.£816
4.2.4Application for entry clearance as a Tier 2 Migrant where fees 4.2.5, 4.2.6 and 4.2.7 do not apply.£480
4.2.5Application for entry clearance as a Tier 2 Migrant where the applicant is a CESC national and fee 4.2.7 does not apply.£432
4.2.6Application for entry clearance as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months where fee 4.2.7 does not apply.£400
4.2.7Application for entry clearance as a Tier 2 (Intra-Company Transfer) Migrant for a period of not more than 12 months where the applicant is a CESC national.£360
4.3Fees for applications for entry clearance by dependants of those applying for entry clearance to enter the United Kingdom under the Points-Based System
4.3.1.Application for entry clearance as the dependant of a Tier 1 (General) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant or a Tier 1 (Investor) Migrant.£816
4.3.2Application for entry clearance as the dependant of a Tier 1 (Post-Study Work) Migrant.£483
4.3.3Application for entry clearance as the dependant of a Tier 2 (Intra-Company Transfer) Migrant.£400
4.3.4Application for entry clearance as the dependant of a Tier 2 Migrant where fee 4.3.3. does not apply.£480
4.4Fees for applications for entry clearance to enter the United Kingdom as a visitor
4.4.1Application for entry clearance as a visitor for a period of more than 6 months but not more than 2 years.£270
4.4.2Application for entry clearance as a visitor for a period of more than 2 years but not more than 5 years.£496
4.4.3Application for entry clearance as a visitor for a period of more than 5 years but not more than 10 years.£716
4.5Fees for other applications for entry clearance to enter the United Kingdom
4.5.1Application for entry clearance for settlement in the United Kingdom.£826
4.5.2Application for entry clearance as a parent, grandparent, or other dependent relative of a person present and settled in the United Kingdom under paragraph 317 of the immigration rules.£1,850
4.5.3Application for entry clearance as the employee of an overseas newspaper, news agency or broadcasting organisation under paragraph 144(ii)(b) of the immigration rules.£480
4.5.4Application for entry clearance as the dependant of an armed forces member under paragraphs 276AD to 276AH or Part 8 of the immigration rules.£810
Table 5 (Exceptions in respect of fees for applications for entry clearance to enter the United Kingdom)
Number and description of the exceptionFees to which exception applies
5.1Officials of Her Majesty’s Government
No fee is payable in respect of an application made in connection with the official duty of any official of Her Majesty’s Government.All fees in Table 4
5.2Dependants of refugees or persons granted humanitarian protection
No fee is payable in respect of an application made under paragraphs 352A to 352FI of the immigration rules.All fees in Table 4
5.3Applications under the EC Association Agreement with Turkey
No fee is payable in respect of an application made under the terms of the EC Association Agreement with Turkey.All fees in Table 4
Table 6 (Waivers in respect of fees for applications for entry clearance to enter the United Kingdom)
Number and description of the waiverFees to which waiver applies
6.1General waiver
No fee is payable in respect of an application where the Secretary of State determines that the fee should be waived.All fees in Table 4
6.2Scholarships funded by Her Majesty’s government
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the application is made by a candidate for or holder of a scholarship funded by Her Majesty’s government and is in connection with such a scholarship.All fees in Table 4
6.3International courtesy
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee as a matter of international courtesy.All fees in Table 4
6.4Visitors under a Foreign and Commonwealth Office Bilateral Programme
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the applicant intends to visit the United Kingdom in connection with programmes operated by the Foreign and Commonwealth Office to give funds directly to Embassies and Missions outside the United Kingdom to support activities directly connected to the United Kingdom’s international priorities.All fees in Table 4
6.5Visitors under a Foreign and Commonwealth Office Strategic Programme
The official determining an application may decide to waive the payment of the fee or reduce the amount of the fee where the applicant intends to visit the United Kingdom in connection with programmes of funding operated by the Foreign and Commonwealth Office to promote action on global issues in areas of strategic importance to the United Kingdom.All fees in Table 4

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.

Table 7
Number of feeType of application or processAmount of fee
7.1Fees for applications for sponsor licences where applicant is not a small sponsor
7.1.1Application for sponsor licence in respect of Tier 2 Migrants.£1,500
7.1.2Application for sponsor licence in respect of Tier 2 and Tier 4 Migrants.£1,500
7.1.3Application for sponsor licence in respect of Tier 2 and Tier 5 Migrants.£1,500
7.1.4Application for sponsor licence in respect of Tier 2, Tier 4 and Tier 5 Migrants.£1,500
7.2Fees for applications for premium sponsor status
7.2.1Application for premium sponsor status where the applicant is a small sponsor.£8,000
7.2.2Application for premium sponsor status where the applicant is not a small sponsor.£25,000
7.3Fees for the process of issuing certificates of sponsorship
7.3.1The issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain in or enter the United Kingdom as a Tier 2 Migrant where the application is not issued in respect of a CESC national.£179
(1)

1999 c.33; section 94(1) was amended by section 60(2) of the Nationality, Immigration and Asylum Act 2002 (c.41) and paragraph 180 of Schedule 3 to the Transfer of Tribunal Functions Order (S.I. 2008/2833).

(5)

(CETS NO.:035).

(7)

2011 c.25. This section is due to come into force on 14th March 2012 under section 355 of that Act.

(10)

1997 c.68; section 2 was amended by paragraph 2 of Schedule 7 to the Nationality, Immigration and Asylum Act 2002 and paragraph 14 of Schedule 1 to the Immigration, Asylum and Nationality Act 2006.

(11)

The fee for a standard application is specified in other immigration and nationality fees regulations.

(12)

Paragraphs 56R to 56T were inserted by the statement of changes in immigration rules presented to Parliament on 10th October 2011 (HC 1511).

(13)

Paragraphs 56R to 56W were inserted by the statement of changes in immigration rules presented to Parliament on 10th October 2011 (HC 1511).

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