Immigration Citation, commencement, extent and interpretation 1 1 This Order may be cited as the Immigration and Nationality (Fees) Order 2016. 2 It comes into force on the day after the day on which it is made. 3 This Order extends to England and Wales, Scotland and Northern Ireland. 4 Articles 1 to 5A extend to the Isle of Man for the purpose of issuing entry clearance to enter the Isle of Man, and for the purpose of any function incidental to the issue of such entry clearance. 4A Article 5B extends to the Isle of Man so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to the Isle of Man; and this article and articles 2 and 3 also extend to the Isle of Man in relation to article 5B as it so extends. 4B Article 5C extends to the Isle of Man so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter the Isle of Man; and this article and articles 2 and 3 also extend to the Isle of Man in relation to article 5C as it so extends. 5 Articles 1 to 5 extend to the Bailiwick of Guernsey and the Bailiwick of Jersey, but only (subject to paragraphs (5A) and (5B)) for the purpose of granting entry clearance to enter the bailiwick concerned. 5A Article 5B extends to the Bailiwick of Guernsey so far as it relates to the charging of a fee for attending to an application for an authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Guernsey in relation to article 5B as it so extends. 5B Article 5B extends to the Bailiwick of Jersey so far as it relates to the charging of a fee for attending to an application for authorisation in electronic form to travel to that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Jersey in relation to article 5B as it so extends. 5C Article 5C extends to the Bailiwick of Guernsey so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Guernsey in relation to article 5C as it so extends. 5D Article 5C extends to the Bailiwick of Jersey so far as it relates to the assessment of overseas qualifications in relation to an application for entry clearance or leave to enter that bailiwick; and this article and articles 2 and 3 also extend to the Bailiwick of Jersey in relation to article 5C as it so extends. 6 Article 9A extends to the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man but only where the services described in that article are provided in relation to the consideration of an application or potential application for entry clearance to enter the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man respectively. 2 In this Order— “ the 1971 Act ” means the Immigration Act 1971 ; “ the 1981 Act ” means the British Nationality Act 1981 ; “ the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ; “ the 1986 Order ” means the Hong Kong (British Nationality) Order 1986 ; “ the 2008 Regulations ” means the Immigration (Biometric Registration) Regulations 2008 ; “ approval letter ” means a letter signifying approval to an application or request, from a body or a panel of individuals designated by the Secretary of State as competent to issue such letters in respect of a person making or intending to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom; “ assessment of overseas qualification ” means an assessment, by a qualifications assessor, of an overseas qualification, to determine whether that qualification— meets or exceeds the recognised standard of a Bachelor’s degree, Master’s degree or PhD in the United Kingdom; was taught or researched in English of the appropriate Common European Framework of Reference for Languages level, or above that level; or meets the conditions in both (a) and (b); “ basic service ” has the same meaning as provided in regulation 3 of the Immigration Control (Charges) (Basic Service) Regulations 2003 ; “ biometric immigration document ” has the same meaning as provided in section 5 of the UK Borders Act 2007 ; ... “ British citizen ” means a person who has that status in accordance with the provisions of the 1981 Act, the 1997 Act or the British Overseas Territories Act 2002 ; “ British National (Overseas) ” means a person who has that status in accordance with the provisions of the 1986 Order; “ British overseas citizen ” means a person who has that status in accordance with the provisions of the 1981 Act or the 1986 Order; “ British overseas territories citizen ” means a person who has that status in accordance with the provisions of the 1981 Act; “ British protected person ” means a person who has that status in accordance with the provisions of the British Protectorates, Protected States and Protected Persons Order 1982 ; “ British subject ” means a person who has that status in accordance with the provisions of the 1981 Act; “ certificate of registration or naturalisation ” means a certificate of registration or naturalisation issued under the 1981 Act; “certificate of sponsorship”— 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; 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; “ confirmation of acceptance for studies ” 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 student; “ consular function ” means any of the functions described in Article 5 of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968 or functions in the United Kingdom which correspond with those functions; “ consular premises ” has the same meaning as provided in Article 1(1)(j) of the Vienna Convention on Consular Relations set out in Schedule 1 to the Consular Relations Act 1968; “ contact point meeting ” means, in relation to an applicant under Appendix Innovator Founder to the immigration rules, a meeting between the applicant and an endorsing body to assess progress against the applicant’s business plan “ 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; “ endorsing body ” means an organisation which is approved by the Secretary of State to endorse an individual or business in connection with an application under the immigration rules ... ... “entry clearance” – subject to sub-paragraphs (b) to (d) , has the same meaning as provided in section 33(1) of the 1971 Act ; 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 Man ; in relation to the Bailiwick of Guernsey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Guernsey; in relation to the Bailiwick of Jersey has the same meaning as provided in section 33(1) of the 1971 Act as extended to the Bailiwick of Jersey ; ... “ the former nationality Acts ” has the same meaning as provided in section 50(1) of the 1981 Act; “ immigration decision letter ” means a letter or other document which records a decision in connection with immigration or nationality, but does not provide evidence of leave to enter or leave to remain in the United Kingdom; “ immigration employment document ” means a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom; “ the immigration rules ” means rules made under section 3(2) of the 1971 Act; “leave to enter the United Kingdom” and “leave to remain in the United Kingdom” mean respectively leave to enter the United Kingdom and leave to remain in the United Kingdom given in accordance with the provisions of the 1971 Act or the immigration rules and “ leave to enter or leave to remain in the United Kingdom ” is to be construed accordingly; “limited leave” and “indefinite leave” respectively have the same meanings as provided in section 33(1) of the 1971 Act; “ overseas qualification ” means a qualification awarded by a body located outside the United Kingdom; “ premium services ” means optional premium services in connection with immigration or nationality ...; “ qualifications assessor ” means a body approved by the Secretary of State to carry out assessments of overseas qualifications; “ registered traveller service ” means the discretionary service offered by the Home Office enabling the expedited entry of persons registered on the scheme into the United Kingdom, or the transit of such persons through the United Kingdom; “ right of abode ” has the same meaning as provided in section 2 of the 1971 Act ; “sponsor”— 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; 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 a Worker ” means the scheme operated by the Secretary of State to give approval to an employer to recruit an individual to a specific work role where that individual is required to make an application for entry clearance, leave to enter or leave to remain in the United Kingdom in order to perform that role; “ 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”— 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 or approval under Sponsor a Worker ; 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; “ transfer of conditions ” means an addition to a passport, or other document issued to an applicant, which indicates that a person has been given leave to enter or remain in the United Kingdom; “ transit visa ” means a document authorising the holder to remain within a port, without passing through immigration control, pending departure from the United Kingdom from that port; “ travel document ” means a document which is not a passport, allowing a person (or, if the person has died, the body of that person) to travel outside the United Kingdom, and is issued by the Home Office to persons who are either refugees, or stateless, or who cannot obtain or use a passport issued by their own country; “unsponsored worker”— 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 not required by the immigration rules to obtain a certificate of sponsorship or approval under Sponsor a Worker ; in respect of the Isle of Man means a person seeking entry clearance to enter the Isle of Man for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is not required by the Isle of Man immigration rules to obtain a certificate of sponsorship; “web-chat facility” means an internet-based facility enabling direct communication in real-time between an advisor and an applicant or their representative . Requirement to pay a fee in respect of the exercise of a function in connection with immigration or nationality 3 1 The Secretary of State, or a contractor, or any person appointed by, or acting on behalf of the Secretary of State, must charge the fee specified in fees regulations in respect of the exercise of the functions in connection with immigration or nationality that are specified in this Order. 2 The fee specified in such regulations may not exceed the maximum amount specified in this Order in respect of the relevant function. 3 The fee specified in such regulations must be calculated in the manner specified in this Order. 4 Where no particular manner is specified, the fee must be a fixed amount. 5 For the purposes of section 69(4) of the Immigration Act 2014, fees paid to an endorsing body for the discharge of functions relating to Appendices Innovator Founder or Scale-up to the immigration rules, may be retained by the endorsing body where the terms of the arrangement between the Secretary of State and the endorsing body so require. 6 For the purposes of section 69(4) of the Immigration Act 2014, fees paid to a qualifications assessor for the assessment of overseas qualifications may be retained by the qualifications assessor where the terms of the arrangement between the Secretary of State and the qualifications assessor so require. Applications for leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man as a visitor 4 1 A fee is to be charged for the consideration of an application for leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, of a type specified in table 1. 2 Table 1 specifies how the fee is to be calculated and the maximum amount or rate that may be charged in respect of each application. 3 In this article, an application includes an application for variation of leave to remain in the United Kingdom. Table 1 Number Type of application Method of calculation Maximum amount/rate 1.1 Entry clearance as a visitor for a period of six months or less. Fixed amount £140 1.2 Entry clearance as a visitor for a period of more than six months up to and including twelve months. Fixed amount £250 1.3 Entry clearance as a visitor for a period of more than twelve months. Annual rate £250 1.4 Leave to remain in the United Kingdom as a visitor. Fixed amount £1,200 Applications for leave to enter or leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, as a sponsored worker, an unsponsored worker, a student or for any other purpose (excluding visits) 5 1 A fee is to be charged for the consideration of an application for leave to enter the United Kingdom, leave to remain in the United Kingdom, or entry clearance to enter the United Kingdom , the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, of a type specified in table 2. 2 Table 2 specifies the maximum amount that may be charged in respect of each application. 3 In this article an application includes an application for variation of leave to enter or leave to remain in the United Kingdom. Table 2 Number Type of application Maximum amount 2.1 Entry clearance or limited leave as a sponsored worker, where a certificate of sponsorship or approval under Sponsor a Worker has been issued. £2,000 2.2 Entry clearance or limited leave as an unsponsored worker. £2,000 2.3 Entry clearance or limited leave as a student. £600 2.4 Entry clearance or limited leave where the basis upon which that leave is given may (after one or more subsequent periods of leave on the same basis) lead to a grant of indefinite leave to remain. £3,600 2.5 Entry clearance or limited leave for any purpose (excluding visits) not referred to in the preceding provisions of this table. £2,000 2.6 Indefinite leave. £3,600 Amount payable for an approval letter: Isle of Man 5A 1 A fixed amount of no more than £2,000 is to be charged for consideration of an application or request for an approval letter in relation to an application for entry clearance to enter the Isle of Man. 2 A fixed amount of no more than £550 is to be charged when a copy, replacement or amended version of an approval letter is requested. Authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man 5B 1 A fee is to be charged for attending to an application for an authorisation in electronic form to travel to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man. 2 The maximum amount of the fee is £16 . Assessment of overseas qualifications: Bailiwick of Guernsey, Bailiwick of Jersey, Isle of Man 5C 1 A fee is to be charged for the assessment of overseas qualifications. 2 The maximum amount of the fee is £400. Documents and administration 6 1 A fee is to be charged for — a attending to an application or request for a document of a type specified in table 3; and b carrying out the administrative activities, in connection with an application, claim or request, specified in table 3. 2 Table 3 specifies how the fee is to be calculated and the maximum amount or rate that may be charged in respect of each document or administrative activity. Table 3 Number Type of application, claim, request or administrative activity Method of calculation Maximum amount/rate 3.1 Application or request for documents 3.1.1 Biometric immigration document applied for in accordance with– a regulation 19(1)(a) of the 2008 Regulations to replace a biometric immigration document which has been cancelled under– i regulation 17(b) where the applicant is within the United Kingdom, ii regulation 17(c) to (e), iii regulation 17(f) (other than where the document needs to be reissued because some substantive alteration is required to the information recorded in the cancelled document), or iv regulation 17(g) of those Regulations; ... v regulation 17(j) of those Regulations; ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fixed amount £75 3.1.2 Transfer of conditions applied for from outside the United Kingdom . Fixed amount £550 3.1.3 Immigration employment document. Fixed amount £550 3.1.4 Approval letter. Fixed amount £2,000 3.1.4A An ETA, within the meaning of section 11C of the 1971 Act (electronic travel authorisations) Fixed amount £16 . . . . . . . . . . . . 3.1.6 Transit visa. Fixed amount £75 3.1.7 Travel document. Fixed amount £400 . . . . . . . . . . . . 3.1.9 Replacement or copy of any of the documents specified above or any other letter or document (not including a passport) confirming a person's identity and immigration or nationality status, or setting out any conditions attendant on such status, or confirming that the person is not a British citizen. Fixed amount £550 3.1.12 Assessment of overseas qualification Fixed amount £400 . . . . . . . . . . . . . . . . . . . . . . . . 3.2 Administrative activity 3.2.1 Administration of any test a person is required to take for the purposes of an application or claim in connection with immigration or nationality. Fixed amount £250 . . . . . . . . . . . . 3.2.3 The review of a decision in connection with immigration or nationality. Fixed amount £482 3.2.4 Processing of an application or claim which is subsequently rejected as invalid. Fixed amount £80 3.2.5 Carrying out a contact point meeting Fixed amount £500 Sponsorship 7 1 A fee is to be charged for attending to an application or request for a service or process of a type specified in table 4. 2 Table 4 also specifies the maximum amount that may be charged in respect of each application, service or process. Table 4 Number Type of application, service or process Maximum amount 4.1 A sponsor licence, or renewal or maintenance of such licence. £2,000 4.2 Allocation of a certificate of sponsorship. £525 4.2A Sponsorship approval under Sponsor a Worker £525 4.3 Allocation of a confirmation of acceptance for studies. £300 4.4 The process of determining, or a plan to determine, a sponsor's status or their suitability to be included on or remain on the register of licensed sponsors maintained by the Secretary of State. £2,000 . . . . . . . . . 4.6 Premium services for sponsors. £40,000 Consular functions 8 1 Table 5 specifies the requests for consular functions for which a fee is to be charged, how the fee is to be calculated and the maximum amount that may be charged in respect of each function. 2 Table 5 applies in relation to the exercise of consular functions whether those functions are exercised by consular officers or by persons who are not consular officers. Table 5 Number Function Method of calculation Maximum amount 5.1 The exercise of a consular function in connection with immigration or nationality. Hourly rate £175 5.2 The acceptance or processing of an application or claim in connection with immigration or nationality .... Fixed amount £80 5.3 Receiving, preparing or forwarding documents .... Fixed amount £175 Premium services : United Kingdom 9 Table 6 specifies in respect of the United Kingdom the functions relating to the provision of premium services (other than those services provided to sponsors) and which are exercised following an application, claim or request, for which a fee is to be charged, how the fee is to be calculated and the maximum amount that can be charged in respect of each service. Table 6 Number Function Method of calculation Maximum amount 6.1 Arrangements for expediting the processing (or any element of the processing) of an application or claim in connection with immigration or nationality. Fixed amount £1,200 6.2 The expedited return to the applicant of documents where these have been provided by the applicant in the course of making an application or claim in connection with immigration or nationality. Fixed amount £75 6.3 Arrangement of an appointment for the purposes of making an application or claim (or any part of such application or claim) in connection with immigration or nationality in person, either at an office of the Home Office, at consular premises or at any other place. Fixed amount £150 6.4 The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration or nationality at a place other than an office of the Home Office, where this is done by the Home Office in the United Kingdom. Fixed amount £10,500 6.4A The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration or nationality at a place other than an office of the Home Office, where this is done by a contractor in the United Kingdom. Hourly rate per person providing the function £2,600 6.5 The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration or nationality at a place other than consular premises, where this is done outside the United Kingdom. Fixed amount £80 6.6 The provision of a service in connection with immigration or nationality by a representative of the Secretary of State, or a contractor, or any person appointed by or acting on behalf of the Secretary of State, where this is done outside office hours. Fixed amount £75 6.7 The acceptance and checking of documents submitted in support of an application in connection with immigration or nationality. Fixed amount £150 6.8 Arrangements for expediting the entry of a passenger into, or transit of a passenger through, the United Kingdom under the registered traveller service. Annual rate £75 6.9 Registration of an identity document, including a passport or other such identity document, in relation to an arrangement for expediting the entry of a passenger into, or transit of a passenger through, the United Kingdom. Fixed amount £75 6.10 Arrangements for expediting the entry of a passenger into, or transit of a passenger through, the United Kingdom where not specified elsewhere in this table. Fixed amount £20 6.11 Arrangements for the provision of immigration officers or facilities ... , other than immigration officers or facilities needed to provide a basic service . Hourly rate per officer or per facility £150 6.12 The provision of advice, information, assistance or training in relation to functions in connection with immigration or nationality where provided by a contractor. Where provided— (a) electronically, whether by web-chat facility or email, a fixed amount; (a) £6.25 (b) by telephone or in person, rate per minute per contractor. (b) £2.50 6.13 Operation of a scheme enabling members to access a range of premium services in connection with immigration or nationality. Fixed amount £40,000 6.14 The provision of advice, information, assistance or training in relation to functions in connection with immigration or nationality, to the extent not otherwise provided for by any other entry in this table. Rate per minute per person providing the advice, information, assistance or training. £2.50 Premium services: the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man 9A Table 6A specifies, in respect of the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man, the functions relating to the provision of premium services which are exercised following an application, claim or request, for which a fee is to be charged, how the fee is to be calculated and the maximum amount that can be charged in respect of each service. Table 6A Number Function Method of calculation Maximum amount 6A.1 Arrangements for expediting the processing (or any element of the processing) of an application or claim in connection with immigration. Fixed amount £1,200 6A.2 The acceptance or processing of a claim or application, or the provision of a service or process in connection with immigration at a place other than consular premises, where this is done outside the United Kingdom, the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be). Fixed amount £80 6A.3 The provision of advice, information, assistance or training in relation to functions in connection with immigration where provided by a contractor. Where provided— (a) electronically, whether by web-chat facility or email, a fixed amount; (b) by telephone or in person, rate per minute per contractor. (a) £6.25 (b) £2.50. Nationality 10 1 A fee is to be charged for attending to an application or request for a process or service of a type specified in table 7. 2 Table 7 specifies the maximum amount that may be charged in respect of each application or request, for a process or service. Table 7 Number Type of application, process or service Maximum amount 7.1 Naturalisation as a British citizen or a British overseas territories citizen. £1,605 7.2 Registration as a British citizen, a British subject, a British protected person, a British overseas citizen or a British overseas territories citizen. £1,500 7.3 Registration of a declaration of renunciation of British citizenship, British overseas citizenship, British overseas territories citizenship or of the status of British subject, British National (Overseas) or British protected person. £482 7.4 Amendment of a certificate of registration or naturalisation as a British citizen. £428 7.5 Arrangement of a citizenship ceremony. £150 7.6 Administration of a citizenship oath, or oath and pledge, where not administered at a citizenship ceremony. £10 7.7 Issuing of a document confirming that a person has the right of abode in the United Kingdom. £589 7.8 Supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former nationality Acts, or the 1997 Act. £428 7.9 Supply of a copy, or replacement, or amended version of any of the documents specified above. £428 Revocation and saving 11 1 The Immigration and Nationality (Fees) Order 2015 is revoked. 2 Notwithstanding this revocation, the Immigration and Nationality (Fees) Order 2015 continues to have effect for the purposes of the Immigration and Nationality (Fees) Regulations 2015 . James Brokenshire Minister of State Home Office We consent Mel Stride Charlie Elphicke Two of the Lords Commissioners of Her Majesty's Treasury