The Immigration and Nationality (Fees) Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/226

2016 No. 226

Immigration

Nationality

The Immigration and Nationality (Fees) Regulations 2016

Made 23th February 2016

Laid before Parliament 26th February 2016

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations with the consent of the Treasury1, in exercise of the powers conferred by sections 68(1), (7), (8) and (10), 69(2), and 74(8) of the Immigration Act 20142. These Regulations are made pursuant to the Immigration and Nationality (Fees) Order 20163.

Citation, commencement and extent
S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2016.

(2) Subject to paragraph (3) these Regulations come into force on 18th March 2016.

(3) Regulation 11 and Schedule 9 come into force on 6th April 2016.

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

(5) Regulations 1, 2, 11 and 13 to 15, and Schedule 9 extend to the Isle of Man, but only for the purpose of issuing entry clearance to enter the Isle of Man.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

the 1971 Act” means the Immigration Act 19714;

the 1981 Act” means the British Nationality Act 19815;

“the 1982 Order” means the British Protectorates, Protected States and Protected Persons Order 19826;

“the 1999 Act” means the Immigration and Asylum Act 19997;

the 2002 Act” means the Nationality, Immigration and Asylum Act 20028;

“the 2007 Act” means the UK Borders Act 20079;

“the 2008 Regulations” means the Immigration (Biometric Registration) Regulations 200810;

“the 2016 Order” means the Immigration and Nationality (Fees) Order 201611;

“administrative review” has the same meaning as provided in the immigration rules12;

“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 Act13;

“application for naturalisation as a British overseas territories citizen” means an application for naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act14;

“application for registration as a British citizen under the 1981 Act” means an application for registration as a British citizen under sections 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4B, 4D, 4F, 10(1) or (2), or 13(1) or (3) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act15;

“application for registration as a British citizen under the 1997 Act” means an application for registration as a British citizen under section 1 of the British Nationality (Hong Kong) Act 199716;

“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 Act17;

“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 of that Act), 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to the 1981 Act18;

“application for registration as a British protected person” means an application for registration as a British protected person under article 7 of the 1982 Order19;

“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;

“approval letter from a designated competent body” means–

(a) except in relation to Schedule 9 to these Regulations, a letter from a designated competent body, within the meaning of the immigration rules, endorsing a proposed application for leave to enter or remain in the United Kingdom as a Tier 1 (Exceptional Talent) Migrant;

(b) in Schedule 9 to these Regulations, a letter from a designated competent body, within the meaning of the Isle of Man immigration rules, endorsing a proposed application for leave to enter the Isle of Man as a Tier 1 (Exceptional Talent) Migrant;

“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 199520) under—

(a) section 17, 20 or 23 of the Children Act 198921;

(b) section 22, 25 or 26 of the Children (Scotland) Act 199522;

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

(d) section 37, 38, 76 or 81 of the Social Services and Well-being (Wales) Act 201423;

“biometric immigration document” has the same meaning as provided in section 5 of the 2007 Act;

“certificate of registration or naturalisation” means a certificate of registration or naturalisation issued under the 1981 Act.

“certificate of sponsorship” 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;

“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 196124;

“child” means a person under the age of 18;

“claim for asylum” means a claim for asylum within the meaning of section 94(1) of the 1999 Act25;

“confirmation of acceptance for studies” means an authorisation issued 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 student;

“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 199826;

“dependant” in respect of a person means—

(a) the spouse or civil partner of that person;

(b) someone who has been living with that person in a relationship akin to a marriage or civil partnership for at least two years; or

(c) a child of that person;

“EC Association Agreement with Turkey” means the agreement establishing an Association between the European Community and Turkey signed at Ankara on 12th September 196327;

“entry clearance”–

(a) subject to sub-paragraph (b) has the same meaning as provided in section 33(1) of the 1971 Act28;

(b) in relation to the Isle of Man has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Isle of Man29;

“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 extended to the Isle of Man30;

“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;

“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” means—

(a) except in relation to Schedule 9 to these Regulations, those categories set out in Part 6A of the immigration rules;

(b) in Schedule 9 to these Regulations, those categories set out in Part 6A of the Isle of Man Immigration Rules;

“premium services” means optional premium services in connection with immigration or nationality applications;

“private medical treatment” means treatment provided outside of the National Health Service and paid for by the applicant;

“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 Act31, section 126 of the 2002 Act32or section 5 of the 2007 Act33to provide such information for the purposes of an application or claim in connection with immigration or nationality;

“settlement” means, except in relation to Schedule 9 to these Regulations, being ordinarily resident in the United Kingdom without being subject under the immigration laws to any restriction on the period for which an individual may remain;

“shortage occupation certificate of sponsorship” 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;

“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;

“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) subject to sub-paragraph (b) have the same meaning as provided in the immigration rules;

(b) in relation to the Isle of Man have the same meaning as provided in the Isle of Man immigration rules;

“Tier 2 Migrant”, “Tier 2 (General) Migrant”, “Tier 2 (Intra-Company Transfer) Long Term...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT