PART 6 U.K.Miscellaneous

FeesU.K.

68FeesU.K.

(1)The Secretary of State may provide, in accordance with this section, for fees to be charged in respect of the exercise of functions in connection with immigration or nationality.

(2)The functions in respect of which fees are to be charged are to be specified by the Secretary of State by order (“a fees order”).

(3)A fees order—

(a)must specify how the fee in respect of the exercise of each specified function is to be calculated, and

(b)may not provide for a fee to be charged in respect of the exercise of a function otherwise than in connection with an application or claim, or on request.

(4)For any specified fee, a fees order must provide for it to comprise one or more amounts each of which is—

(a)a fixed amount, or

(b)an amount calculated by reference to an hourly rate or other factor.

(5)Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

(a)must specify a maximum amount for the fee (or part), and

(b)may specify a minimum amount.

(6)Where a fees order provides for a fee (or part of a fee) to be calculated as mentioned in subsection (4)(b), it—

(a)must specify—

(i)how the fee (or part) is to be calculated, and

(ii)a maximum rate or other factor, and

(b)may specify a minimum rate or other factor.

(7)For any specified fee, the following are to be set by the Secretary of State by regulations (“fees regulations”)—

(a)if the fee (or any part of it) is to be a fixed amount, that amount;

(b)if the fee (or any part of it) is to be calculated as mentioned in subsection (4)(b), the hourly rate or other factor by reference to which it (or that part) is to be calculated.

(8)An amount, or rate or other factor, set by fees regulations for a fee in respect of the exercise of a specified function—

(a)must not—

(i)exceed the maximum specified for that amount, or rate or other factor;

(ii)be less than the minimum, if any, so specified;

(b)subject to that, may be intended to exceed, or result in a fee which exceeds, the costs of exercising the function.

(9)In setting the amount of any fee, or rate or other factor, in fees regulations, the Secretary of State may have regard only to—

(a)the costs of exercising the function;

(b)benefits that the Secretary of State thinks are likely to accrue to any person in connection with the exercise of the function;

(c)the costs of exercising any other function in connection with immigration or nationality;

(d)the promotion of economic growth;

(e)fees charged by or on behalf of governments of other countries in respect of comparable functions;

(f)any international agreement.

This is subject to section 69(5).

(10)In respect of any fee provided for under this section, fees regulations may—

(a)provide for exceptions;

(b)provide for the reduction, waiver or refund of part or all of a fee (whether by conferring a discretion or otherwise);

(c)make provision about—

(i)the consequences of failure to pay a fee;

(ii)enforcement;

(iii)when a fee may or must be paid.

(11)Any provision that may be made by fees regulations by virtue of subsection (10) may be included instead in a fees order (and any provision so included may be amended or revoked by fees regulations).

(12)In this section and sections 69 and 70—

  • “costs” includes—

    (a)

    the costs of the Secretary of State, and

    (b)

    the costs of any other person (whether or not funded from public money);

  • “fees order” has the meaning given by subsection (2);

  • “fees regulations” has the meaning given by subsection (7);

  • “function” includes a power or a duty;

  • “function in connection with immigration or nationality” includes a function in connection with an enactment (including an enactment of a jurisdiction outside the United Kingdom) that relates wholly or partly to immigration or nationality;

  • “specified” means specified in a fees order.

(13)Any reference in this section or section 70 to the exercise of a function includes a reference to its exercise in particular circumstances, including its exercise—

(a)at particular times or in a particular place;

(b)under particular arrangements;

(c)otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function.

Modifications etc. (not altering text)

C2Ss. 68-70 extended (with modifications) to Guernsey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2016 (S.I. 2016/996), arts. 1(1), 4, Sch.

C3S. 68 extended (with modifications) to the Isle of Man by S.I. 2008/680, art. 22, Sch. 9A (as inserted (9.10.2015 for specified purposes and 6.4.2016 in so far as not already in force) by The Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765), arts. 1(2), 5, 7) (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 5, 9, 18 and as further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 5, 12)

Commencement Information

I1S. 68 in force at 15.12.2014 by S.I. 2014/2771, art. 8(a)

69Fees orders and fees regulations: supplementalU.K.

(1)A fees order or fees regulations may be made only with the consent of the Treasury.

(2)A fee under section 68 may relate to something done outside the United Kingdom.

(3)Fees payable by virtue of section 68 may be recovered as a debt due to the Secretary of State.

(4)Fees paid to the Secretary of State by virtue of section 68 must—

(a)be paid into the Consolidated Fund, or

(b)be applied in such other way as the relevant order may specify.

(5)Section 68 is without prejudice to—

(a)section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

(b)section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or

(c)any other power to charge a fee.

Modifications etc. (not altering text)

C2Ss. 68-70 extended (with modifications) to Guernsey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2016 (S.I. 2016/996), arts. 1(1), 4, Sch.

C4S. 69 extended (with modifications) to the Isle of Man by S.I. 2008/680, art. 22, Sch. 9A (as inserted (9.10.2015 for specified purposes and 6.4.2016 in so far as not already in force) by The Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765), arts. 1(2), 5, 7) (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 5, 9, 18)

Commencement Information

I2S. 69 in force at 15.12.2014 by S.I. 2014/2771, art. 8(b)

70Power to charge fees for attendance services in particular casesU.K.

(1)This section applies where a person exercises a function in connection with immigration or nationality in respect of which a fee is chargeable by virtue of a fees order (a “chargeable function”) in a particular case and—

(a)in doing so attends at a place outside the United Kingdom, and time, agreed with a person (“the client”), and

(b)does so at the request of the client.

It is immaterial whether or not the client is a person in respect of whom the chargeable function is exercised.

(2)In this section “attendance service” means the service described in subsection (1) except so far as it consists of the exercise of a chargeable function.

(3)The following are to be disregarded in determining whether a fee is chargeable in respect of a function by virtue of a fees order—

(a)any exception provided for by a fees order or fees regulations;

(b)any power so provided to waive or refund a fee.

(4)The person exercising the chargeable function may charge the client such fee for the purposes of recovering the costs of providing the attendance service as the person may determine.

(5)Fees paid to the Secretary of State by virtue of this section must be paid into the Consolidated Fund.

(6)A fee payable by virtue of this section may be recovered as a debt due to the Secretary of State.

(7)This section is without prejudice to—

(a)section 68;

(b)section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

(c)section 102 of the Finance (No. 2) Act 1987 (government fees and charges), or

(d)any other power to charge a fee.

Modifications etc. (not altering text)

C2Ss. 68-70 extended (with modifications) to Guernsey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2016 (S.I. 2016/996), arts. 1(1), 4, Sch.

C5S. 70 extended (with modifications) to the Isle of Man by S.I. 2008/680, art. 22, Sch. 9A (as inserted (9.10.2015 for specified purposes and 6.4.2016 in so far as not already in force) by The Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765), arts. 1(2), 5, 7) (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 5, 9, 18)

Commencement Information

I3S. 70 in force at 28.7.2014 by S.I. 2014/1820, art. 3(v) (with art. 7)

[F170AImmigration skills chargeU.K.

(1)The Secretary of State may by regulations provide for a charge to be imposed on—

(a)persons who make immigration skills arrangements, or

(b)any description of such persons.

(2)“Immigration skills arrangements” are arrangements made by a person (“the sponsor”) with the Secretary of State with a view to securing that an individual who is not exempt for the purposes of this section is granted entry clearance or leave to remain in the United Kingdom to enable the individual to work for the sponsor in the United Kingdom.

(3)Regulations under this section may in particular—

(a)impose a separate charge on a sponsor in respect of each individual in relation to whom the sponsor makes immigration skills arrangements;

(b)specify the amount of any charge (and different amounts may be specified for different purposes);

(c)make provision about when or how a charge may or must be paid to the Secretary of State;

(d)make provision about the consequences of a sponsor failing to pay a charge;

(e)provide for exemptions from a charge;

(f)provide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise).

(4)Sums paid by virtue of regulations under this section must—

(a)be paid into the Consolidated Fund, or

(b)be applied in such other way as the regulations may specify.

(5)Regulations under this section may be made only with the consent of the Treasury.

(6)An individual is exempt for the purposes of this section if he or she is—

(a)a British citizen;

[F2(aa)an Irish citizen;]

[F3(b)a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules.]

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971 [F5and “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020].]

Textual Amendments

F1S. 70A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(2), 94(4)