The Immigration and Nationality (Fees) Regulations 2018
2018 No. 330
Immigration
Nationality
The Immigration and Nationality (Fees) Regulations 2018
Made 15th March 2018
Laid before Parliament 16th March 2018
Coming into force in accordance with regulation 1(2)
The Secretary of State makes the following Regulations with the consent of the Treasury, in exercise of the powers conferred by sections 68(1), (7), (8) and (10), 69(2), and 74(8)(a), (b) and (d) of the Immigration Act 20141. These Regulations are made further to provision in the Immigration and Nationality (Fees) Order 20162.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2018.
(2) These Regulations come into force on 6th April 2018.
(3) Subject to paragraphs (4) to (6), these Regulations extend to England and Wales, Scotland and Northern Ireland.
(4) This regulation and regulations 2, 11, 15 and 17 and Schedule 9 also extend to the Isle of Man, but only for the purpose of issuing entry clearance to enter the Isle of Man.
(5) This regulation and regulations 2, 12, 15 and 17 and Schedule 10 also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only for the purpose of issuing entry clearance to enter the bailiwick concerned.
(6) Paragraphs (a) and (b) of regulation 18 have the same extent as the instruments which they revoke.
Interpretation
2. In these Regulations—
“the 1971 Act” means the Immigration Act 19713;
“the 1981 Act” means the British Nationality Act 19814;
“the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 19825;
“the 1999 Act” means the Immigration and Asylum Act 19996;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 20027;
“the 2007 Act” means the UK Borders Act 20078;
“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 20089;
“the 2016 Order” means the Immigration and Nationality (Fees) Order 2016;
“administrative review” has the same meaning as provided in Appendix AR to the immigration rules10;
“approval letter from a designated competent body”—
(a) in respect of the United Kingdom means a letter from a designated competent body, within the meaning of the immigration rules, endorsing a proposed application for leave to enter or leave to remain in the United Kingdom as a Tier 1 (Exceptional Talent) Migrant;
(b) in respect of the Isle of Man means a letter from a designated competent body, within the meaning of the Isle of Man immigration rules11, endorsing a proposed application for entry clearance to enter the Isle of Man as a Tier 1 (Exceptional Talent) Migrant;
“being looked after by a local authority” means being looked after by a local authority (or in Northern Ireland, an authority) under—
(a) section 22(1) of the Children Act 198912;
(b) section 17(6) of the Children (Scotland) Act 199513;
(c) article 25(1) of the Children (Northern Ireland) Order 199514; or
(d) section 74(1) of the Social Services and Well-being (Wales) Act 201415;
“biometric immigration document” has the same meaning as provided in section 5 of the 2007 Act16;
“certificate of sponsorship”—
(a) in respect of the United Kingdom means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance, leave to enter or leave to remain in the United Kingdom as a sponsored worker;
(b) in respect of the Isle of Man means an authorisation allocated by or on behalf of the Lieutenant-Governor of the Isle of Man to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance to enter the Isle of Man as a sponsored worker;
“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 196117;
“child” means a person under the age of 18;
“contractor” means a person with whom the Secretary of State has entered into a contract, by which the person agrees to provide certain services in connection with immigration or nationality to applicants;
“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 199818;
“dependant” in respect of a person (“P”) means—
(a) the spouse or civil partner of P;
(b) someone who has been living with P in a relationship akin to a marriage or civil partnership for at least two years; or
(c) any other person whose entitlement to make an application referred to in these Regulations arises by virtue of a connection between that person and P;
“EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 196319;
“entry clearance”—
(a) in respect of the United Kingdom has the same meaning as provided in section 33(1) of the 1971 Act20;
(b) in respect of the Isle of Man has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Isle of Man21;
(c) in respect of the Bailiwick of Guernsey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Guernsey22;
(d) in respect of the Bailiwick of Jersey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Jersey23;
“immigration rules” means the rules made under section 3(2) of the 1971 Act;
“indefinite leave” has the same meaning as provided in section 33(1) of the 1971 Act;
“Isle of Man immigration rules” means the rules made under section 3(2) of the 1971 Act as that section extends to the Isle of Man24;
“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;
“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;
“Life in the UK Test” means the test referred to as the Life in the UK Test in Appendix KoLL to the immigration rules and regulation 5A of the British Nationality (General) Regulations 200325;
“limited leave” has the same meaning as provided in section 33(1) of the 1971 Act;
“main applicant” means the person who has made an application or claim in connection with immigration, as distinct from a person applying as the dependant of such a person;
“Points-Based System”—
(a) in respect of the United Kingdom means those categories set out in Part 6A of the immigration rules;
(b) in respect of the Isle of Man means those categories set out in Part 6A of the Isle of Man immigration rules;
“private medical treatment”—
(a) in respect of the United Kingdom has the same meaning as provided in Appendix V to the immigration rules;
(b) in respect of the Isle of Man has the same meaning as provided in Appendix V to the Isle of Man immigration rules;
“process used to take a record of a person’s biometric information” means the process, or combination of processes, to which a person may be required to submit in order to enable a record to be taken of that person’s biometric information, where the person is required by regulations made under section 41 of the 1981 Act26, section 126 of the 2002 Act27or section 5 of the 2007 Act to provide such information for the purposes of an application or claim in connection with immigration or nationality;
“shortage occupation certificate of sponsorship”—
(a) in respect of the United Kingdom means a certificate of sponsorship issued in respect of employment in an occupation listed in the Shortage Occupation List set out in Appendix K to the immigration rules;
(b) in respect of the Isle of Man means a certificate of sponsorship issued in respect of employment in an occupation listed in the Shortage Occupation List set out in Appendix K to the Isle of Man immigration rules;
“sponsor”—
(a) in respect of the United Kingdom means a person licensed by the Secretary of State to issue certificates of sponsorship, or confirmations of acceptance for studies, or both;
(b) in respect of the Isle of Man means a person licensed by or on behalf of the Lieutenant-Governor of the Isle of Man to issue certificates of sponsorship;
“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;
“sponsored worker”—
(a) in respect of the United Kingdom means a person seeking entry clearance, leave to enter or leave to remain in the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship;
(b) in respect of the Isle of Man means a person seeking entry clearance to the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the Isle of Man immigration rules to obtain a certificate of sponsorship;
“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”—
(a) in respect of the United Kingdom have the meanings given by paragraph 6 of the immigration rules;
(b) in respect of the Isle of Man have the meanings given by paragraph 6 of the Isle of Man immigration rules;
“Tier 2 Migrant”, “Tier 2 (General) Migrant”, “Tier 2 (Intra-Company Transfer) Migrant”, “Tier 2 (Minister of Religion) Migrant” and “Tier 2 (Sportsperson) Migrant”—
(a) in respect of the United Kingdom have the meanings given by paragraph 6 of the immigration rules;
(b) in respect of the Isle of Man have the...
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