Immigration Citation, commencement and extent 1 1 These Regulations may be cited as the Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022. 2 Except as provided by paragraphs (3) to (9), these Regulations come into force on 6th April 2022. 3 The following provisions of these Regulations come into force at 9.00 a.m. on 6th April 2022— a regulation 3(b) and Schedule 1, except so far as paragraph (6) provides for it to come into force at 9.00 a.m. on 10th May 2022; b regulation 7(3) to (5); c regulation 12 and Schedule 2. 4 The following provisions of these Regulations come into force at 9.00 a.m. on 11th April 2022— a regulation 5(3)(a), (b) and (c); b regulation 5(3)(d) so far as it inserts 1.3.6I in Table 1 in Schedule 1 to the Immigration and Nationality (Fees) Regulations 2018 ; c regulation 6(3)(a), (b) and (c); d regulation 6(3)(d) so far as it inserts 6.2.6J in Table 6 in Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018; e regulation 8, except so far as paragraph (9) provides for it to come into force on 22nd August 2022; f regulation 11. 5 Regulation 2 comes into force on 24th May 2022. 6 Paragraphs 4, 5(3) and 6(3) of Schedule 1 come into force at 9.00 a.m. on 10th May 2022. 7 Regulation 5(3)(d) comes into force at 9.00 a.m. on 30th May 2022 so far as it inserts 1.3.6K in Table 1 in Schedule 1 to the Immigration and Nationality (Fees) Regulations 2018. 8 The following provisions of these Regulations come into force on 20th June 2022— a regulation 6(2) and (4)(a); b regulation 6(4)(c) so far as it inserts 9.21 and 9.22 in Table 9 in Schedule 2 to the Immigration and Nationality (Fees) Regulations 2018. 9 The following provisions of these Regulations come into force on 22nd August 2022— a regulation 5(3)(d) so far as it inserts 1.3.6J in Table 1 in Schedule 1 to the Immigration and Nationality (Fees) Regulations 2018; b regulation 6(3)(d) so far as it inserts 6.2.6K in Table 6 in Schedule 2 to those Regulations; c regulation 8(2)(b) and (d) and (3)(b). 10 These Regulations extend to England and Wales, Scotland and Northern Ireland. 11 The following provisions of these Regulations also extend to the Isle of Man, for the same purpose as the provisions of the Immigration and Nationality (Fees) Regulations 2018 which they amend — a this regulation and regulations 3 and 10; b paragraphs 1 and 5 of Schedule 1. 12 The following provisions also extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, for the same purpose as the provisions of the Immigration and Nationality (Fees) Regulations 2018 which they amend — a this regulation and regulation 3(b); b paragraphs 1 and 6 of Schedule 1. Amendments to the Immigration Services Commissioner (Application Fee) Order 2011 2 1 The Immigration Services Commissioner (Application Fee) Order 2011 is amended as follows. 2 In article 2— a in the definition of “level 1 adviser”, in paragraph (a) for “paragraphs (ba), (d), (e), (f) and (g)” substitute “paragraphs (ba) and (d)” ; b in the definition of “registration” omit “or (b) or (ba)”. 3 In article 3 for “section 84(2)(c)”, in each place it occurs, substitute “section 84(2)(b)” . 4 In articles 4(a) and 5(a) for “£575” substitute “£733” . 5 In the Schedule, in the Table of Fees— a in the row beginning “1-4”— i in Column 2 for “£1,750” substitute “£2,232” ; ii in Column 3 for “£1,290” substitute “£1,646” ; b in the row beginning “5-9”— i in Column 2 for “£1,960” substitute “£2,500” ; ii in Column 3 for “£1,600” substitute “£2,041” ; c in the row beginning “10 and over”— i in Column 2 for “£2,370” substitute “£3,023” ; ii in Column 3 for “£2,115” substitute “£2,698” . Amendments to the Immigration and Nationality (Fees) Regulations 2018 3 The Immigration and Nationality (Fees) Regulations 2018 are amended as provided by— a regulations 4 to 10, and b Schedule 1 (which makes amendments increasing the amounts of certain fees specified by those Regulations and the amounts by which certain specified fees are to be reduced in specified circumstances). 4 In regulation 10— a in paragraph (a) for sub-paragraph (ii) substitute— ii specified applications for certain documents and specified applications for the review of certain applications, for the purposes of article 6 of the 2016 Order; ; b for paragraph (c) substitute— c circumstances in which specified fees referred to in paragraph (a) may be waived. 5 1 Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom) is amended as follows. 2 In paragraph 2(3) after “an application for” insert “entry clearance and” . 3 In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom)— a in 1.3.6A in the second column for paragraph (b) substitute— (b) under Appendix Global Business Mobility – Senior or Specialist Worker to those rules , other than as a dependent partner or dependent child of a Senior or Specialist Worker, or ; b in 1.3.6B in the second column for paragraph (b) substitute— (b) under Appendix Global Business Mobility – Senior or Specialist Worker to those rules, other than as a dependent partner or dependent child of a Senior or Specialist Worker, or ; c omit 1.3.6E; d after 1.3.6H insert— 1.3.6I Application for entry clearance— (a) under Appendix Global Business Mobility – Graduate Trainee to the immigration rules, other than as a dependent partner or dependent child of a Graduate Trainee, (b) under Appendix Global Business Mobility – UK Expansion Worker to those rules, other than as a dependent partner or dependent child of a UK Expansion Worker, (c) under Appendix Global Business Mobility – Service Supplier to those rules, other than as a dependent partner or dependent child of a Service Supplier, or (d) under Appendix Global Business Mobility – Secondment Worker to those rules, other than as a dependent partner or dependent child of a Secondment Worker . £259 1.3.6J Application for entry clearance under Appendix Scale-up to the immigration rules , other than as a dependent partner or dependent child on the Scale-up route under that Appendix. £715 1.3.6K Application for entry clearance under Appendix High Potential Individual to the immigration rules , other than as a dependent partner or dependent child of a High Potential Individual. £715 e after 1.3C.2 insert— 1.3D Fee for applications for entry clearance and indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces 1.3D.1 Application for entry clearance and indefinite leave to enter under paragraph 13 of Appendix Armed Forces to the immigration rules. £2,404 4 In Table 3 (fee for applications for indefinite leave to enter the United Kingdom – dependants of members of HM Forces)— a in the heading of the table, after “applications for” insert “entry clearance and” ; b in 3.1 in the second column, after “applications for” insert “entry clearance and” ; c in 3.1.1 in the second column, after “Application for” insert “entry clearance and” . 5 In Table 4 (exceptions in respect of fees for applications for entry clearance to enter or leave to enter the United Kingdom)— a omit 4.9 and 4.9.1; b at the end insert— 4.11 Applications for entry clearance and indefinite leave to enter by certain foreign or Commonwealth citizens discharged from HM Forces 4.11.1 No fee is payable in respect of an application for entry clearance and indefinite leave to enter the United Kingdom made under paragraph 13 of Appendix Armed Forces to the immigration rules if— (a) in a case where the application is made on the basis of the completion of a period of reckonable service in HM Forces, the applicant’s period of reckonable service is at least 6 years, or (b) in a case where the application is made on the basis of meeting the medical discharge criteria, the cause was attributable to service in HM Forces (with expressions used in (a) and (b) being construed in accordance with that Appendix). 1.3D.1 6 1 Schedule 2 (applications for leave to remain in the United Kingdom) is amended as follows. 2 In paragraph 1(1) in the definition of “specified human rights application”— a for paragraph (a) substitute— a Appendix Private Life to the immigration rules ; ; b in paragraph (b) after “section R-LTRP.1.1. (a), (b)” insert “, (c)” ; c in paragraph (c) after “section R-LTRPT.1.1. (a), (b)” insert “, (c)” . 3 In Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications)— a in 6.2.6A in the second column for paragraph (b) substitute— (b) under Appendix Global Business Mobility – Senior or Specialist Worker to those rules, other than as a dependent partner or dependent child of a Senior or Specialist Worker, or ; b in 6.2.6B in the second column for paragraph (b) substitute— (b) under Appendix Global Business Mobility – Senior or Specialist Worker to those rules, other than as a dependent partner or dependent child of a Senior or Specialist Worker, ; c omit 6.2.6E; d after 6.2.6I insert— 6.2.6J Application for limited leave to remain in the United Kingdom— (a) under Appendix Global Business Mobility – Graduate Trainee to the immigration rules, other than as a dependent partner or dependent child of a Graduate Trainee, (b) under Appendix Global Business Mobility – UK Expansion Worker to those rules, other than as a dependent partner or dependent child of a UK Expansion Worker, (c) under Appendix Global Business Mobility – Service Supplier to those rules, other than as a dependent partner or dependent child of a Service Supplier, or (d) under Appendix Global Business Mobility – Secondment Worker to those rules, other than as a dependent partner or dependent child of a Secondment Worker. £259 6.2.6K Application for limited leave to remain in the United Kingdom made under Appendix Scale-up to the immigration rules, other than as a dependent partner or dependent child on the Scale-up route under that Appendix. £715 4 In Table 9 (exceptions and waivers in respect of fees for applications for, or in connection with, leave to remain in the United Kingdom)— a in 9.9 in the second column— i in paragraph (a)— aa in sub-paragraph (i) omit “it is”; bb omit the “or” after sub-paragraph (vi); cc after sub-paragraph (vii) insert— or (viii) Appendix Private Life to the immigration rules; ii in paragraph (b)— aa omit sub-paragraph (ii); bb at the end insert— (iii) on the basis of the right to private and family life under Article 8 of the European Convention on Human Rights . b in 9.12.1 and 9.12.2 in the third column for “Fee 6.1.1” substitute “Fees 6.1.1, 8.1.1” ; c at the end insert— 9.18 Applications for indefinite leave to remain in the United Kingdom by certain foreign or Commonwealth citizens discharged from HM Forces No fee is payable in respect of an application for indefinite leave to remain in the United Kingdom made under paragraph 16 of Appendix Armed Forces to the immigration rules if— (a) in a case where the application is made on the basis of the completion of a period of reckonable service in HM Forces, the applicant’s period of reckonable service is at least 6 years, or (b) in a case where the application is made on the basis of meeting the medical discharge criteria, the cause was attributable to service in HM Forces (with expressions used in (a) and (b) being construed in accordance with that Appendix). Fee 8.1.1 9.19 Applications for limited leave to remain in the United Kingdom under Appendix Innovator to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Innovator to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph INN 22.1A or INN 42.1A of that Appendix , of an application for indefinite leave to remain in the United Kingdom. Fee 6.2A.1 9.20 Applications for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Hong Kong British National (Overseas) to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph HK 64.1A of that Appendix , of an application for indefinite leave to remain in the United Kingdom. Fees 6.2C.1, 6.2C.2 9.21 Applications for limited leave to remain in the United Kingdom under Appendix Private Life to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix Private Life to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph PL 18.2 or PL 33.2 of that Appendix, of an application for indefinite leave to remain in the United Kingdom. Fee 6.1.1 9.22 Applications for limited leave to remain in the United Kingdom under Appendix FM to the immigration rules resulting from variation by the Secretary of State of an application for indefinite leave to remain under Appendix Settlement Family Life to those rules No fee is payable in respect of an application for limited leave to remain in the United Kingdom under Appendix FM to the immigration rules arising by virtue of the variation by the Secretary of State, under paragraph SETF 9.2 or SETF 17.2 of Appendix Settlement Family Life to those rules , of an application for indefinite leave to remain in the United Kingdom under Appendix Settlement Family Life to those rules. Fee 6.1.1 9.23 Applications for indefinite or limited leave to remain in the United Kingdom: waiver of fee as a remedy for maladministration The Secretary of State may waive the payment of any fee specified in Table 6, 7 or 8 in respect of an application for limited or indefinite leave to remain in the United Kingdom where the Secretary of State considers that— (a) the person in respect of whom the application is made has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and (b) the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application. All Fees in Tables 6, 7 and 8 5 In paragraph 3 after “Table 9” insert “(other than the exception in 9.18 of that Table)” . 7 1 Schedule 3 (documents and administration) is amended as follows. 2 In paragraph 2 at the end (before Table 10) insert— 6 Paragraph 4 confers a discretion on the Secretary of State to waive, in specified circumstances, any fee specified in Table 10 or 12. 3 In Table 10 (fees for miscellaneous documents and services) omit 10.1.2, 10.6.2 and 10.6.4. 4 In Table 12 (fees for applications for biometric immigration documents, the process used to take a record of biometric information and the reuse of biometric information)— a omit 12.2.2; b in 12.2.4 for the words in the second column substitute— The process used to take a record of a person’s biometric information for the purposes of, or the reuse of a person’s biometric information in connection with— (a) an application referred to in fee 10.1.1, 10.5A.1, 10.5A.2, 10.6.3 or 10.6.5, or (b) an application referred to in fee 10.6.1, other than an application for a biometric immigration document made in accordance with regulation 3 of the 2008 Regulations by a person falling within paragraph (3) of that regulation. 5 In Table 13 (exceptions to the requirement to pay fees for applications for biometric immigration documents, the process used to take a record of biometric information and the reuse of biometric information)— a in 13.4.1 and 13.5.1 for the words in the third column substitute “Fee 12.2.1” b omit 13.6, 13.6.1, 13.7 and 13.7.1; c in 13.Z7A.1 in the third column omit “, 12.2.2”; d in 13.7A.1 for the words in the third column substitute “Fee 10.6.1” ; e in 13.8.1 in the second column for “in any of 10.6.1 to 10.6.5” substitute “in 10.6.1, 10.6.3 or 10.6.5, or made an application at any time before 9.00 a.m. on 6th April 2022 for which a fee was specified in 10.6.2 or 10.6.4 when the application was made” . 6 At the end insert— Waiver of fee as a remedy for maladministration 4 The Secretary of State may waive the payment of any fee specified in Table 10 or 12 in respect of any application, request or process where the Secretary of State considers that— a the person in respect of whom the application or request is made or (as the case may be) in relation to whom the process is to be carried out has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and b the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application, request or process. 8 1 Schedule 4 (sponsorship) is amended as follows. 2 In paragraph 1— a in the definition of “temporary workers”— i omit the “or” after paragraph (f); ii after paragraph (g) insert— h Appendix Global Business Mobility - Graduate Trainee to those rules, i Appendix Global Business Mobility – UK Expansion Worker to those rules, j Appendix Global Business Mobility – Service Supplier to those rules, or k Appendix Global Business Mobility – Secondment Worker to those rules; ; b in the definition of “temporary workers” as amended by sub-paragraph (a)— i omit the “or” after paragraph (j); ii after paragraph (k) insert— or l Appendix Scale-up to those rules; ; c in the definition of “the temporary worker route”, after paragraph (g) insert— h the Global Business Mobility – Graduate Trainee route provided for by Appendix Global Business Mobility – Graduate Trainee to those rules; i the Global Business Mobility – UK Expansion Worker route provided for by Appendix Global Business Mobility – UK Expansion Worker to those rules; j the Global Business Mobility – Service Supplier route provided for by Appendix Global Business Mobility – Service Supplier to those rules; k the Global Business Mobility – Secondment Worker route provided for by Appendix Global Business Mobility – Secondment Worker to those rules; ; d in the definition of “the temporary worker route” as amended by sub-paragraph (c), after paragraph (k) insert— l the Scale-up route provided for by Appendix Scale-up to those rules; ; e in the definition of “workers”— i omit paragraph (b); ii omit the “or” after paragraph (c); iii after paragraph (d) insert— or e Appendix Global Business Mobility – Senior or Specialist Worker to those rules; ; f in the definition of “the worker route”— i omit paragraphs (b) and (c); ii after paragraph (e) insert— f the Global Business Mobility – Senior or Specialist Worker route provided for by Appendix Global Business Mobility – Senior or Specialist Worker to those rules; . 3 In Table 14 (fees in relation to sponsor licences, premium services for sponsors, certificates of sponsorship and confirmations of acceptance for studies)— a in 14.4.1 in the second column for “Appendix Intra-Company routes or Appendix T2 Minister of Religion” substitute “Appendix T2 Minister of Religion or Appendix Global Business Mobility – Senior or Specialist Worker” ; b in 14.4.3 in the second column, at the end insert— (g) Appendix Scale-up. ; c at the end insert— 14.4.4 The issuing of a certificate of sponsorship in respect of an application or potential application under any of the following Appendices to the immigration rules— (a) Appendix Global Business Mobility – Graduate Trainee; (b) Appendix Global Business Mobility – UK Expansion Worker; (c) Appendix Global Business Mobility – Service Supplier; (d) Appendix Global Business Mobility – Secondment Worker. £21 4 In paragraph 3(2ZA)(b) for “Appendix Intra-Company Routes or Appendix T2 Minister of Religion” substitute “Appendix T2 Minister of Religion or Appendix Global Business Mobility – Senior or Specialist Worker” . 9 1 Schedule 8 (nationality) is amended as follows. 2 In paragraph 2— a in sub-paragraph (1A) for “Tables 19 and 20” substitute “Table 19” ; b at the end (before Table 19) insert— 4 Paragraph 7 confers a discretion on the Secretary of State to waive, in specified circumstances, any fee specified in Table 19 or 20. 3 In Table 20 (fees for applications, processes and services in connection with nationality) omit 20.2.2. 4 In Table 20A (exceptions in respect of fees for applications for registration as a British citizen under the 1981 Act and for the reuse of biometric information)— a in the heading of the table— i for “Exceptions” substitute “Exception” ; ii omit “and for the reuse of biometric information”; b omit 20A.2 and 20A.2.1. 5 At the end insert— Waiver of fee as a remedy for maladministration 7 The Secretary of State may waive the payment of any fee specified in Table 19 or 20 in respect of any application, process or service where the Secretary of State considers that— a the person in respect of whom the application is made or (as the case may be) in relation to whom the process or service is to be carried out or provided has suffered any detriment in connection with immigration or nationality as a result of maladministration by the Home Office, and b the appropriate remedy (or part of the appropriate remedy) for that maladministration is to waive the payment of the fee in respect of the application, process or service. 10 1 Schedule 9 (applications in relation to entry clearance to enter the Isle of Man and premium services) is amended as follows. 2 In paragraph 1 at the end insert— “Worker (Seasonal) Migrant” has the meaning given by paragraph 6 of the Isle of Man immigration rules. 3 In Table 21 (fees for applications for entry clearance to enter the Isle of Man) after 21.3.8 insert— 21.3.9 Application for entry clearance as a Worker (Seasonal) Migrant. £259 Saving of provisions amended by regulations 5(3) and 6(3) 11 1 1.3.6A and 1.3.6B in Table 1 in Schedule 1 to the 2018 Regulations continue to have effect as they had effect immediately before commencement, without the amendments made by regulation 5(3)(a) and (b), for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for entry clearance to enter the United Kingdom made by a dependant of a person who— a has entry clearance to enter the United Kingdom, granted before commencement under Appendix Intra-Company Routes to the immigration rules on the Intra-Company Transfer route under that Appendix, or b made an application before commencement for entry clearance to enter the United Kingdom on that route which had not been determined immediately before commencement. 2 Despite its revocation by regulation 5(3)(c), 1.3.6E in Table 1 in Schedule 1 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement but with the modification in paragraph (3), for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for entry clearance to enter the United Kingdom made by a dependant of a person who— a has entry clearance to enter the United Kingdom, granted before commencement under Appendix Intra-Company Routes to the immigration rules on the Intra-Company Graduate Trainee route under that Appendix, or b made an application before commencement for entry clearance to enter the United Kingdom on that route which had not been determined immediately before commencement. 3 1.3.6E in Table 1 in Schedule 1 to the 2018 Regulations, as it continues to have effect for the purposes referred to in paragraph (2), is to be read as though the fee specified in the third column were £259 (rather than £482). 4 6.2.6A and 6.2.6B in Table 6 in Schedule 2 to the 2018 Regulations continue to have effect as they had effect immediately before commencement, without the amendments made by regulation 6(3)(a) and (b), for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for limited leave to remain in the United Kingdom made by a dependant of a person who— a has limited leave to remain in the United Kingdom, granted before commencement under Appendix Intra-Company Routes to the immigration rules on the Intra-Company Transfer route under that Appendix, or b made an application before commencement for limited leave to remain in the United Kingdom on that route which had not been determined immediately before commencement. 5 Despite its revocation by regulation 6(3)(c), 6.2.6E in Table 6 in Schedule 2 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement but with the modification made by paragraph (6), for the purposes of the provision by paragraph 3 of that Schedule of a fee for an application for limited leave to remain in the United Kingdom made by a dependant of a person who— a has limited leave to remain in the United Kingdom, granted before commencement under Appendix Intra-Company Routes to the immigration rules on the Intra-Company Graduate Trainee route under that Appendix, or b made an application before commencement for limited leave to remain in the United Kingdom on that route which had not been determined immediately before commencement. 6 6.2.6E in Table 6 in Schedule 2 to the 2018 Regulations, as it continues to have effect for the purposes referred to in paragraph (5), is to be read as though the fee specified in the third column were £259 (rather than £482). 7 In this regulation— “the 2018 Regulations” means the Immigration and Nationality (Fees) Regulations 2018; “commencement” means 9.00 a.m. on 11th April 2022; “dependant” has the meaning given by regulation 2 of the 2018 Regulations; “the immigration rules” means the rules made under section 3(2) of the Immigration Act 1971 . Modification of saved provisions of the Immigration and Nationality (Fees) Regulations 2018 12 Schedule 2 contains modifications to provisions of the Immigration and Nationality (Fees) Regulations 2018 saved by instruments amending those Regulations. Kevin Foster Parliamentary Under Secretary of State Home Office At 9.30 a.m. on 15th March 2022 We consent Michael Tomlinson Rebecca Harris Two of the Lords Commissioners of Her Majesty’s Treasury 14th March 2022