The Immigration and Nationality (Fees) Regulations 2015

EXPLANATORY MEMORANDUM TO

THE IMMIGRATION AND NATIONALITY FEES REGULATIONS 2015

2015 No. 768

1. This explanatory memorandum has been prepared by the Home Office and is

laid before Parliament by Command of Her Majesty.

This memorandum contains information for the Joint Committee on Statutory

Instruments.

2. Purpose of the instrument

The purpose of this negative instrument is to specify fees for functions in

connection with immigration and nationality. These Regulations replace the

Immigration and Nationality (Fees) Regulations 2014, and the Immigration

and Nationality (Cost Recovery Fees) Regulations 2014, as amended by the

Immigration and Nationality (Cost Recovery Fees) (Amendment) Regulations

2014. They are to come into force on 6 April 2015.

3. Matters of special interest to the Joint Committee on Statutory

Instruments

3.1 These Regulations contain fees which have been reduced or frozen, or which

have risen on average by 10%, which is above the rate of inflation More detail

is set out in section 7 of this memorandum.

3.2 The Home Office regrets that it has not been possible to give the usual 21

days’ notice before this instrument takes effect. As stated, this instrument

relies upon the Immigration and Nationality (Fees) Order 2015. There was an

unexpected delay in there being a mention on the floor of the House of Lords

so as to obtain final parliamentary approval for the Order. Considerable efforts

were made to gain final approval in good time, but this did not prove possible.

Unfortunately, this meant that this negative SI was also delayed. It is

important that this instrument comes into effect on 6 April 2015. Any delay

beyond that date will result in a loss of income to the Home Office of £2m for

each week of delay.

4. Legislative context

4.1 These are the first fees regulations made under the fees provisions in the

Immigration Act 2014. These Regulations rely on the Immigration and

Nationality (Fees) Order 2015, which sets out those functions in connection

with immigration and nationality for which fees can be charged and the

maximum amount that can be charged for those functions during the life of the

Order.

4.2 Previously, fees to be charged at or below cost recovery were set out in

regulations subject to the negative procedure, with all other fees set out in an

affirmative instrument. All of the fees set out in this negative instrument are

set at or below the maximum amounts stated in the 2015 Order.

5. Territorial extent and application

5.1 This instrument extends to all of the United Kingdom. The Regulations also

set fees for entry clearance to enter the Channel Islands.

6. European Convention on Human Rights

6.1 As the instrument is subject to negative resolution procedure and does not

amend primary legislation, no statement is required.

7. Policy background

What we are doing and why:

7.1 The Home Office aims to generate an appropriate contribution to its agreed

running costs from the income generated from visa, nationality and

immigration applications. By doing this, the Home Office seeks to reduce the

financial obligation on the UK taxpayer to subsidise the immigration system.

As a direct result of the fees referred to in this instrument, the Home Office

will be able to generate sufficient income to support the immigration system,

maintain public confidence and ensure that migration is controlled for the

benefit of the UK.

7.2 By charging above the cost of administration for certain functions or applying

targeted increases, the Home Office is able to achieve its strategic policy

objective to protect routes connected with economic growth, small businesses

and charities, from more significant fee increases while generating the

additional revenue needed to fund further improvements to the immigration

system.

7.3 Charging fees above the cost of administration also helps raise the revenue

required to cross-subsidise fees set below cost recovery where a lower fee

supports government objectives.

7.4 Where fees in this instrument are set above cost recovery, this is a reflection of

either the value of the benefits and entitlements conferred by a successful

application, or (in the case of premium service fees) a contribution to the cost

of providing other immigration functions. The available benefits and

entitlements may include:

• unrestricted access to the UK labour market;

• the ability to bring dependants to the UK who also have unrestricted access

to the UK labour market;

• unrestricted access to state education for their dependants;

• the option, at a later date, to apply for settlement in the UK.

7.5 This year, the Home Office is proposing a range of fee increases. The routes

most strongly associated with economic growth will increase by no more than

4%, while increases for other growth routes are set at 8%. The increase for

most of the remaining routes, not associated with economic growth, will be up

to 12%. For a small number of routes we are proposing other targeted

changes that better reflect the entitlements, improve consistency within the

fees framework or cross-subsidise the lower increases for the growth routes.

These changes are:

A 36% reduction in the fee for Tier 1 (Exceptional Talent) applications. This

reduction is in recognition of the importance of Tier 1 (Exceptional Talent) as

a growth route and supports the message that the Home Office welcomes

applications from the brightest and best talent.

A 40% reduction for applications from representatives of overseas businesses

made in the UK (which includes media representatives). The proposed fee

aligns with the Tier 2 (General) fee as the routes and benefits are similar.

A targeted increase of 2.4% for the short-term visitor route which reflects a

cross government commitment to limit the fee for visit visas to £85, a level

significantly below the cost of administration. This policy is intended to

contribute towards maintaining the UK as a prime destination for overseas

visitors by setting a fee that compares favourably to comparator countries and

competitor destinations.

An 8% increase for settlement and ‘other’ leave to remain visa applications.

This increase is lower than that applied to other non-growth routes, so protects

families from the higher increases.

An 8-10% increase for most Tier 2 routes. This proposed increase will align

UK fees more closely with those charged by comparator countries for

comparable products, and raise additional income to fund the immigration

system and cross-subsidise other functions.

A 17% increase for the UK super premium service. The proposed increase to

this optional service for applicants will raise additional income to fund the

immigration system and cross-subsidise other functions.

An 18% increase for documents issued under the Immigration (European

Economic Area) Regulations 2006. Article 25(2) of Directive 2004/38/EC

establishes the power to charge for documentation issued to EEA nationals

and their family members exercising free movement rights in the UK and

determines that any such charge shall not exceed that imposed on nationals for

the issuing of ‘similar documents’. The original fee level was set following

advice from the European Commission and after balancing consideration of

various factors, including the charges for similar documents issued to British

citizens (the UK passport and the British Nationality Status Letter). The

proposed increase in the fee level (to £65) reflects the new fee level of one of

these ‘similar documents’ (the British Nationality Status Letter) as well as a

consideration of the other relevant factors.

A 20% increase for overseas priority visa services. The proposed increase to

these optional services will raise additional income to fund the immigration

system and cross-subsidise other functions.

A 37% increase for indefinite leave to remain applications. This is the highest

value product in terms of additional entitlements afforded to the applicant: the

right to stay indefinitely in the UK with full access to the UK labour market,

education and healthcare. The proposed increase is in line with the broad

policy that fees should reflect the benefits conferred by a successful

application and the need to subsidise other routes.

A 50% increase to the fee paid by licensed sponsors when issuing Certificates

of Sponsorship (employers) and Confirmations of Acceptance for Studies

(educators). This proposed increase sits alongside a freeze on the fee for

sponsor licences. The Home Office believes that this approach is a fair way to

recover costs and better reflects the broad policy that those (employers and

educators) who use the sponsorship system the most, should pay the most.

A 71% increase for Tier 1 (Investor) applications. This increase is in line with

the entitlements afforded to the applicant, including accelerated routes to

settlement, and the niche nature of the route. The visa fee remains small in

comparison to the required investment, and other fees and costs incurred by

successful applicants.

7.6 There are proposed fee freezes for the following application types:

• Tier 2 shortage occupation applications. This recognises the importance of

the Shortage Occupation list to filling temporary gaps in the UK labour

market.

• Sponsor licence applications. Applying increases to fees for certificates of

sponsorship and confirmations of acceptance of studies is a fairer way of

covering the cost of the sponsor licensing system, which protects smaller

users of the system.

• 10-year visitor visa applications. The fee has been frozen for a second

successive year to incentivise this route.

• Direct Airside Transit visa applications. This follows a fee reduction in

2014-15, and is intended to maintain the UK’s competitiveness as a transit

hub.

7.7 The Home Office has published indicative unit costs for each application, for

the 2015-16 financial year. The unit cost is the estimated average cost to the

Home Office of processing each application. This information is provided to

Parliament to ensure transparency. Although they are not fixed over the

financial year, published unit costs enable applicants to see which fees are set

over or under cost and by how much.

7.8 The tables below set out the current fee levels, estimated unit costs for 2015-

16 and the new proposed fees, for all functions:

VISA FEES

PRODUCTS

2014-15 Fees

(£)

Unit Cost for

15-16

(£)

Proposed Fee

for 15-16

(£)

Non PBS Visas – applications made outside the UK

Short term visit visa (6 months or less) 83 122 85

Long term visit visa (for a period of 2

years)

300 122 324

Long term visit visa (for a period of 5

years)

544 122 588

Long term visit visa (for a period of 10

years)

737 122 737

Visiting academic, (more than 6 months

but not more than 12 months)

83 122 162

Private Medical Treatment (more than 6

months but not more than11 months)

289 122 162

Short term student (adult or child) – 6

months or less

NEW 122 85

Short term student (more than 6 months

but not more than 11 months)

150 122 162

Parent of a child at school, up to 12

months

300 166 324

Settlement visa 885

592 956

Settlement visa – Dependant Relative 1,982

592 2,141

Settlement visa – Refugee Dependant

Relative

378 592 592

Settlement visa – Armed Forces

Dependant Indefinite Leave to Enter

1,093 433 1,500

Certificate of Entitlement 289 592 324

Other visa 289

166 324

Transit visa (Direct Airside) 30 156 30

Visitor in transit (Landside) 54 156 56

Transit visa, member of crew joining a

ship or aircraft

54 156 56

Transfer of Conditions Vignette

Transfer

109 166 122

Representative of Overseas Business

(includes Media Representative)

514 160 535

Call out/out of hours (per hour) 130 130 130

Single entry visa to replace Biometric

Residence Permit (Overseas)

72 81 81

Receiving, preparing and forwarding

documents on behalf of Commonwealth

Countries/Overseas Territories

115 115 115

PRODUCTS

2014-15 Fees

(£)

Unit Cost for

15-16

(£)

Proposed Fee

for 15-16

(£)

PBS Visas – applications made outside the UK

Tier 1 (Entrepreneur), main applicant*

and all dependants

874 298 944

Tier 1 (Investor), main applicant and all

dependants

874 298 1,500

Tier 1 (Exceptional Talent), main

applicant* initial application

Approval letter

437

298

281

437 n/a**

281

Tier 1 (Exceptional Talent), main

applicant* subsequent application

874 298 562

Tier 1 (Exceptional Talent), dependant 874 298 562

Tier 1 (General), dependant 874 298 944

Tier 1 (Graduate Entrepreneur), main

applicant* and all dependants

310 298 335

Tier 1 (Post Study Work), dependants

518 298 559

Dependant of a student under

paragraphs 76-81 of the Immigration

Rules

310 358 322

Tier 2 (General), Tier 2 (Intra-Company

Transfer) - Long term staff, Tier 2

(Sportsperson) & Tier 2 (Minister of

Religion), up to 3 years, main

applicant* and all dependants

514 160 564

Tier 2 (Intra-Company Transfer) – Short

Term Staff, Graduate Trainee and Skills

Transfer, main applicant* and all

dependants

428 160 445

Tier 2 (General), Tier 2 (Intra-Company

Transfer) – Long term Staff, over 3

years, main applicant* and all

dependants

1,028 160 1,128

Tier 2 (General), shortage occupation,

up to 3 years, main applicant* and all

dependants

428 160 428

Tier 2 (General), shortage occupation,

over 3 years, main applicant* and all

dependants

856 160 856

Tier 4 main applicant and all dependants

310 358 322

Tier 5 Temp Work & Youth Mobility,

main applicant* and all dependants

208 98 225

* A Council of Europe Social Charter(CESC) reduction of £55 will be applied to the stated

figure, where appropriate

** fee set in line with estimated unit cost or other reference point.

N.B. Applications to the Channel Islands under employment and study routes attract Tier 2

and 4 visa fees and costs respectively.

PRODUCTS

2014-15 Fees

(£)

Unit Cost for

15-16

(£)

Proposed Fee

for 15-16

(£)

Optional premium services outside the UK

Priority visa – Settlement 300 6 360

Priority visa – Non-Settlement 100 6 120

Super priority visa service 600 100 600

User-Pays Application Centre 59 70 70

Passport Passback 40 40 40

Prime-time visa application

appointment

50 35 50

International Contact Centre: Webchat

4 (per 10 min

session)

n/a*

4 (per 10 min

session)

International Contact Centre : Live

calls

1.37 per

minute

n/a* 1.37 per minute

Optional premium services in the UK

Application in person – Premium

Service Centre

400 n/a* 400**

Appointment booking fee – Premium

Service Centre

100 n/a* 100

Priority Postal 300 n/a* 300***

Provision of Super Premium Service 6,000 2,211 7,000

Applications made under the Super

Premium Service

400 n/a* 400

User-Pays Application Centre NEW n/a* 70

Discretionary services at the border

Registered Traveller Service – annual

subscription

50 n/a* 50

Registered Traveller Service –

registration of initial documents

NEW n/a* 20

Registered Traveller Service –

registration of further documents

20 n/a* 20

Fast Track – Heathrow terminals 1, 2,

3 and 4

3.60 n/a* 3.60

Fast Track – other NEW n/a

*fee set in line with estimated unit cost or other reference point

**For applications made in person, the total fee is the relevant standard fee plus £400 per

person (this includes the £100 appointment booking fee, which may be retained should the

applicant fail to attend their appointment without good reason.

***To use the priority service, the total fee is the relevant standard application fee plus

£300 per person. Currently offered for Tier 2 applications only.

PRODUCTS

2014-15

Fees

(£)

Unit Cost

for 15-16

(£)

Proposed Fee

for 15-16

(£)

Applications made in the UK

Indefinite Leave to Remain

1,093 433 1,500

Leave to Remain (where no other fee is

specified)

601 299 649

Leave to Enter (persons who have been granted

temporary admission/release under para 21 or

22 of Schedule 1 to the Immigration Act 1971

and are physically present in the UK)

NEW

299

649

Transfer of conditions or application for a

document confirming identity and nationality

or immigration status - limited leave to remain

107 183 183

Transfer of conditions or application for a

document confirming identity and nationality

or immigration status - indefinite leave to

remain

104 260 260

Application for a document confirming identity

and nationality or immigration status –

asylum/humanitarian protection

40 92 45

Travel documents: Certificate of Travel

(applicant aged 16 or over)

246 382 382

Travel documents: Certificate of Travel

(applicant aged under 16)

157 244 244

Travel documents: Convention Travel

Document (applicant aged 16 or over)

69 107 72

Travel documents: Convention Travel

Document (applicant aged under 16)

46 76 46

Travel documents: Stateless Person’s Travel

Document (applicant aged 16 or over)

69 107 72

Travel documents: Stateless Person’s Travel

Document (applicant aged under 16)

46 76 46

Travel documents: Document of identity

(applicant aged 16 or over)

69 107 72

Travel documents: Document of identity

(applicant aged under 16)

46 76 46

Enrolment of biometrics 19.20 19.20 19.20

Biometric Residence Document. 40 92 45

Further Leave to Remain – Representative of

an Overseas Business (includes Media

Representative)

1,093

299

651

European Residence Document – Registration

certificate.

55 70 65

European Residence Document – Certifying

permanent residence

55 70 65

PRODUCTS

2014-15

Fees

(£)

Unit Cost

for 15-16

(£)

Proposed Fee

for 15-16

(£)

Applications made in the UK

European Residence Document – Residence

card & Derivative Residence card

European Residence Document – Permanent

Residence card

55 70 65

Accession Residence Card 55 70 65

Work Permit Technical changes 22 n/a* 25

*fee set in line with estimated unit cost or other reference point

PRODUCTS

2014-15

Fees

(£)

Unit Cost

for 15-16

(£)

Proposed Fee

for 15-16

(£)

Applications made in the UK

Naturalisation (UK Citizenship) 826 223 925

Naturalisation (British overseas territories

citizen)

661 223 740

Nationality (UK citizenship) Registration

– adult

743 223 833

Nationality (UK citizenship) Registration

– child

669 223 749

Arrangement of a citizenship ceremony

(including the administration of an oath

and pledge)

Administration of a citizenship oath and

pledge where not administered at a

citizenship ceremony or by a justice of the

peace

Nationality Registration (British overseas

territories citizen, British overseas citizen,

British subject, British protected person) –

adult

595

223

666

Nationality Registration (British overseas

territories citizen, British overseas citizen,

British subject, British protected person) –

child

536

223

599

Renunciation 144 223 223

Certificate of entitlement 144 223 223

Nationality right of abode 144 223 223

Nationality – review of application 80 223 80

Status Letter (Nationality) 85 162 162

Non Acquisition Letter (Nationality) 85 162 162

Nationality correction to certificate 85 162 162

Administration of life in the UK tests 50 n/a* 50

* fee set in line with estimated unit cost or other reference point

PRODUCTS

2014-15 Fees

(£)

Unit Cost for

15-16

(£)

Proposed Fee

for 15-16

(£)

Applications made in the UK

Tier 1 (General), dependant 1,607 217 1,736

Tier 1 (Entrepreneur), main applicant*

and all dependants

1,093 370 1,180

Tier 1 (Investor), main applicant and all

dependants

1,093 370 1,500

Tier 1 (Graduate Entrepreneur), main

applicant* and all dependants

422 370 456

Tier 1 (Exceptional Talent), main

applicant* initial application

Approval letter

437

370

281

437 n/a**

281

Tier 1 (Exceptional Talent), main

applicant* subsequent application

1,093 370 562

Tier 1 (Exceptional Talent), dependant 1,093 370 562

Tier 2 (General), Tier 2 (Intra-Company

Transfer) – Long Term Staff – over 3

years, main applicant* and all

dependants

1,202

266

1,302

Tier 2 (General), Tier 2 (Intra-Company

Transfer) - Long term staff, Tier 2

(Sportsperson) & Tier 2 (Minister of

Religion), up to 3 years, main

applicant* and all dependants

601

266

651

Tier 2 (Intra-Company Transfer) – Short

Term Staff, Graduate Trainee, Skills

Transfer, main applicant* and all

dependants

428

266

445

Tier 2 (General), shortage occupation,

up to 3 years, main applicant* and all

dependants

428

266

428

Tier 2 (General), shortage occupation,

over 3 years, main applicant* and all

dependants

856

266

856

Tier 4, main applicant and all

dependants

422 238 439

Tier 5, main applicant* and all

dependants

208 281 225

Representative of an Overseas Business

(includes Media Rep)

1,093 299 651

Retired person of independent means 1,093 299 1,224

Administrative review 80 n/a** 80

* A Council of Europe Social Charter(CESC) reduction of £55 will be applied to the stated

figure, where appropriate

**fee set in line with estimated unit cost or other reference point

PRODUCTS

2014-15 Fees

(£)

Unit Cost for

15-16

(£)

Proposed Fee

for 15-16

(£)

Sponsorship

Premium sponsor service, large

sponsors

8,000 n/a* 8,000

Premium sponsor service, Tier 4 8,000 n/a* 8,000

Tier 2 Large Sponsor licence 1,476 2,291 1,476

Tier 2 Small Sponsor licence 536 2,291 536

Tier 4 Sponsor licence 536 2,291 536

Tier 5 Sponsor licence 536 2,291 536

Add Tier 2 to an existing Tier 4

and/or Tier 5 licence (large sponsor)

940 2,291 940

Tier 4 Sponsor status 536 2,291 536

Sponsorship Action Plan 1,476 2,291 1,476

Tier 2 CoS 184 183 199

Tier 5 CoS 14 21 21

Tier 4 CAS 14 21 21

Tier 4 Permission to change

sponsor**

160 n/a* 179

CoS = Certificate of Sponsorship

CAS = Confirmation of Acceptance for Study

* fee set in line with estimated unit cost or other reference point

**applies only where current leave was granted under the rules in place between 31/3/2009

and 4/10/2009

7.09 The following paragraphs set out new fees proposed for 2015-16.

Applications to extend leave made by failed asylum seekers.

7.10 The Home Office has reviewed its policy on further leave applications made

by failed asylum seekers, who do not need international protection but want to

extend or renew leave granted for other reasons, for example, leave for family

or private life or discretionary leave granted outside the Immigration Rules.

These Regulations remove an automatic fee exemption and require that

applicants are charged for their extension application in the same way as all

other persons applying to extend their leave.

Provision for children of unmarried British fathers

7.11 The Home Office is making amendments to the British Nationality Act 1981.

These Regulations make changes affecting a specific cohort of children born

to British fathers before 1 July 2006 who cannot currently apply for

citizenship because their parents were unmarried. This cohort will now be

able to make a charged application for citizenship, including any citizenship

ceremony fee.

Renunciation of Nationality – British National (Overseas) Status

7.12 These Regulations include the addition of a fee for the renunciation of British

National (Overseas) status and concern persons with a connection to Hong

Kong who acquired that status prior to sovereignty being returned to China.

The Home Office now intends to charge for these applications at the same rate

as for other renunciation applications.

Persons granted temporary admission or release

7.13 These Regulations apply a new fee to applicants physically present in the UK

under the 10-year partner, parent and private life routes who are on temporary

admission or temporary release (and thereby deemed not to have “entered” the

UK), and who are granted leave to enter rather than leave to remain if they

meet the relevant requirements.

Optional premium services for applicants

7.14 The Home Office is expanding the number of premium services it offers both

in and outside of the UK. The fee for existing optional ‘User-Pays’

Application Centres overseas (currently run under contract) is revised to

enable costs to be recovered where the service is run by the Home Office in

any country where the contractor is unable to operate due either to concerns

about security, or concerns about commercial viability.

7.15 These Regulations also include a new provision for a User-Pays service to be

offered in the UK in future. This optional service is not currently available in

the UK but is under consideration by the Home Office. The inclusion of this

provision will allow a service for the acceptance and processing of an

application to be charged, should the Home Office wish to introduce it at a

later date.

Discretionary services at the border

7.16 Fees for some Border Force premium services may be charged under the

Immigration and Asylum Act 1999. Fees for the Border Force Fast Track

service have been brought into these Regulations to ensure transparency. This

is a discretionary, premium service for passengers who want access to a faster

queue at the border. Passengers currently access this service through their

airline, who purchase the service from Border Force, although direct charges

to passengers, not permitted under current legislation, would be possible under

the 2014 Act. Over time, the Home Office will bring further fees for premium

services offered at the border, into these Regulations.

8. Consultation outcome

8.1 The Home Office conducted a targeted public consultation between 12

November and 3 December 2013 on how the current charging strategy works

in practice to help inform and shape the approach to charging in the future.

The responses have been analysed and reflected in the proposals that have

formed these Regulations.

The government response to the consultation has been published on the

GOV.UK website at https://www.gov.uk/government/consultations/fees-and-

charging-immigration-and-visas-consultation

9. Guidance

9.1 Full details of each fee and guidance to general members of the public on how

to apply under each route will be made available on the GOV.UK website.

10. Impact

10.1 The impact on businesses, charities and voluntary bodies is estimated to be

zero net cost as explained in the full impact assessment prepared for the

Immigration and Nationality Fees Order 2015, which has been published at

www.legislation.gov.uk

10.2 The impact on public services is explained in Annex 6 of the impact

assessment.

11. Regulating small business

11.1 The legislation applies to small businesses who use the optional Premium

Sponsor service for small sponsors, or issue Certificates of Sponsorship for

Tier 2 migrants.

11.2 To minimise the impact of the requirements on small businesses, we have

maintained our approach of charging a lower fee for small businesses who

apply for either the standard sponsor licence or the optional premium sponsor

services. The lower fee for the standard sponsor licence is set below cost.

12. Monitoring & review

12.1 The Home Office will closely monitor the impact of fees for the application

and services contained in these Regulations. The Home Office reviews fees

and charges for immigration and nationality applications annually. The Home

Office monitors application trends on a monthly basis and officials from all

relevant government departments consider proposals to amend fee levels to

ensure they do not adversely impact on the UK economy.

13. Contact

13.1 Annie Wattam at the Home Office, Fees and Income Planning, Financial

Planning Unit, Tel: 0114 207 2290 or email:

[email protected] can answer any queries regarding the

instrument.