Immigration Citation and Commencement 1 These Regulations may be cited as the Immigration and Nationality (Cost Recovery Fees) (Amendment No. 3) Regulations 2008. 2 1 Subject to paragraph (2), these Regulations shall come into force on 27th November 2008. 2 Regulation 3(3) and regulation 3(4), in so far as it inserts a new Regulation 10A(1)(c), shall come into force on 1st February 2009. 3 1 The Immigration and Nationality (Cost Recovery Fees) Regulations 2007 shall be amended as follows. 2 In regulation 3 (fees for leave to remain applications), for paragraph (2), substitute— 2 The fee referred to in paragraph (1) does not apply to applications for limited leave to remain in the United Kingdom— a for work permit employment; b for the purposes of employment under the Sectors-Based Scheme; c for Home Office approved training; d as a seasonal agricultural worker; e of a kind identified as requiring to be considered under a “Points Based System”; f as a retired person of independent means; or g as a sole representative, under the immigration rules. . 3 In regulation 4 (fees for leave to remain applications)— a in paragraph (1)— i after sub-paragraph (d), omit “or”; and ii after sub-paragraph (e) insert— ;or f as a Tier 4 migrant, and b in paragraph (2)(a), after “Home Office”, insert “where applicable”. 4 For regulation 10A (fees for entry clearance) substitute— 10A 1 In the case of an application to which article 3(2)(aa) of the 2007 Order applies, a subject to sub-paragraph (b), where the application is for entry clearance as a visitor under the immigration rules for a period of— i twelve months or less in the case of an academic visitor, or ii six months or less in the case of a visitor other than an academic visitor, the fee is £65; b the fee referred to at sub-paragraph (a) will be reduced to £45 where the Secretary of State decides that the application is one to which the operation of a scheme for such a reduced fee applies; c where the application is for entry clearance as a Tier 4 migrant, the fee is £99; d subject to sub-paragraph (e), where the application is for entry clearance as a Tier 5 migrant, the fee is £99; e where the application is for entry clearance as a Tier 5 (Temporary Worker) migrant and is in respect of a person who is a national of a state that has ratified the Council of Europe Social Charter, the fee is £90; f where the application is for entry clearance as a student under the immigration rules, the fee is £99; g where the application is for entry clearance for passing through the United Kingdom, the fee is £45. 2 This regulation is subject to regulations 10B and 10C. 5 In regulation 10B (exceptions and waivers in respect of fees for entry clearance applications)— a after sub-paragraph (b), insert “or”; and b omit sub-paragraph (d) and the “or” before it. 6 For regulation 16, substitute— 16 Where an application to which these Regulations refer is to be accompanied by a specified fee, the application will not be considered to have been validly made unless it has been accompanied by that fee. . Phil Woolas Minister of State Home Office 14th October 2008 We consent Steve McCabe Dave Watts Two of the Lords Commissioners of Her Majesty’s Treasury 22nd October 2008