asylum and immigration (treatment of claimants, …

Statutory Document No. 274/11

ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) ACT 2004

IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006

IMMIGRATION AND NATIONALITY (FEES) REGULATIONS 2011

INDEX 1 Title

2 Commencement

3 Interpretation

4 Fees for immigration services

5 Exceptions in respect of leave to remain applications

6 Additional fee for dependants applying for leave to remain

7. Exception to fee for process of issuing a certificate of sponsorship

8 Fees for services in connection with nationality

9 Fee for arranging a citizenship ceremony

10 Fee for premium case working service

11 Consequences of failing to pay the fee specified for an application

12 Revocation

Schedule - Table of Fees

Part 1- Fees for immigration services

Part 2 - Fees for services in connection with nationality

1

Statutory Document No.

ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) ACT 2004

IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006

IMMIGRATION AND NATIONALITY (FEES) REGULATIONS 2011

Laid before Tynwald 17 May 2011 Coming into operation I June 2011

The Governor has consulted with such persons as appear to him to be appropriate prior to making these Regulations)

The Governor makes these Regulations under sections 51(3) and 52(3) of the Immigration, Asylum and Nationality Act 2006 (of Parliament)2, and in reliance on section 42(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (of Parliament)3, as those Acts have effect in the Isle of Mang.

The Treasury consents to the making of these Regulations.

1 Title These Regulations are the Immigration and Nationality (Fees) Regulations 2011.

2 Commencement These Regulations come into operation on 1 June 2011.

1 As required by section 42(6) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 2 2006 c.13 3 2004 c.19 4 See the Immigration (Isle of Man) Order 2008 (SI 2008/680)

2

3 Interpretation (1) In these Regulations —

"the 1971 UK Act" means the Immigration Act 1971 (of Parliament)5;

"the 1981 UK Act" means the British Nationality Act 1981 (of Parliament)6; and

"the 2010 Order" means the Immigration and Nationality (Fees) Order 20107.

(2) In these Regulations any reference to an Act of Parliament, or a provision of an Act of Parliament, which extends to the Isle of Man is a reference to that Act or provision as it has effect in the Isle of Man.

(3) In these Regulations —

"A rated sponsor" means a sponsor to whom the Department has given an A rating;

"action plan" means an action plan issued to a B rated sponsor and with which a B sponsor must comply in order to become an A rated sponsor;

"an application for naturalisation" means an application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 UK Act;

"application for registration" means an application for registration as a British citizen under section 1(3) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4B, 4C, 10(1) or (2), or 13(1) or (3) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 UK Act;

"B rated sponsor" means a sponsor to whom the Department has given a B rating;

"certificate of sponsorship" means an authorisation issued by the Department to a sponsor in respect of one or more applications, or potential applications, for leave to remain in the Isle of Man under the immigration rules;

"child" means a person under the age of 18;

5 1971 c.77 6 1981 c.61

7 SD 940/10

3

"Council of Europe Social Charter" means the Council of Europe Treaty establishing social and economic rights signed in Turin on 18 October 19618

"Council of Europe Revised Social Charter" means the Council of Europe Treaty signed in Strasbourg on 3 May 19969

"the Department" means the Department of Economic Development;

"dependant" in respect of a person means —

(a) the spouse, civil partner, unmarried or same-sex partner; or

(b) a child,

of that person;

"immigration rules" means rules made under section 3(2) of the 1971 UK Act";

"leave to remain" includes variation of leave to enter, or remain;

"parent" includes a step-parent and an adoptive parent;

"small sponsor" means a sponsor which employs 50 or less employees;

"sponsor" means a sponsor within the meaning of the immigration rules;

"sponsorship licence" means a sponsor licence as identified within the immigration rules;

"Tier 1 migrant" means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under "Tier 1" of the immigration rules' "points-based system";

"Tier 2 migrant" means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under "Tier 2" of the immigration rules' "Points- Based System";

"Tier 4 migrant" means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under "Tier 4" of the immigration rules' "Points-Based System";

8 (CETS NO:035) 9 (CETS NO:163) 1° See the Statement of Changes in Immigration Rules (SD 62/05), as amended by SD 692/05, SD 442/06, SD 547/06, SD 781/06, SD 871/06, SD 124/07, SD 303/07, SD 002/08, SD 500/08 and GC 32/09, GC 35/09, GC14/10, GC 26/10 and GC 02/11

4

"Tier 5 migrant" means a migrant who makes an application of a kind identified in the immigration rules as requiring to be considered under "Tier 5" of the immigration rules' "Points-Based System";

"transfer of conditions" means the fixing of a stamp, sticker or other attachment which indicates that a person has been granted limited, or indefinite, leave to enter, or remain in, the Isle of Man on a passport or other document issued to an applicant;

"unmarried or same-sex partner" of a person means a person who is living with that other person in a relationship akin to marriage or civil partnership that has subsisted for 2 years or more; and

"working day" means Monday to Friday but does not include any day which is prescribed as a bank holiday in accordance with section 1 of the Bank Holidays Act 198911.

4 Fees for immigration services (1) In respect of the services —

(a) list ed in an entry in column 1 of the table in Part 1. of the Schedule, and

(b) provided under the provision of the 2010 Order specified in column 4 of that table,

the fee specified in column 2 of that table in relation to that entry is payable.

(2) Paragraph (1) is subject to regulations 5 and 6.

5 Exceptions in respect of leave to remain applications (1) No fee is payable in respect of an application referred to in regulation 4

if the application is made in respect of a person seeking variation of leave to enter or remain in the Isle of Man for a period of up to 6 months if the application is made to an immigration officer on arrival at a port of entry in the Isle of Man.

(2) No fee is payable in connection with an application for indefinite leave to remain in the Isle of Man as a victim of domestic violence under the immigration rules, if at the time of making the application, the applicant appears to the Governor to be destitute.

11 1989 c. 5

5

(3) No fee is payable in respect of an application referred to in regulation 4, if it is made under the terms of the Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12th September 1963.

(4) If 2 or more applications for leave to remain, or indefinite leave to remain in the Isle of Man are made at the same time, or are being considered by the Governor or the Council of Ministers, as provided for in section 4(1)(a) and (b) of the 1971 UK Act, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable that being the higher, or as the case may be, the highest of the fees specified in respect of those applications if those fees are different.

6 Additional fee for dependants applying for leave to remain In addition to the fee specified in column 2 of the table in Part 1 of the Schedule, the applicant must pay the fee specified in column 3 of that table for each person submitted as a dependant to that application whether —

(a) the dependant is included on the application form; or

(b) a separate application as a dependant is submitted at the same time.

7 Exception to fee for process of issuing a certificate of sponsorship No fee is payable in respect of the process for which a fee is specified in item 13 in Part 1 of the Schedule where the certificate is issued in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.

8 Fees for services in connection with nationality (1) In respect of the services —

(a) listed in an entry in column 1 of the table in Part 2 of the Schedule, and

(b) provided under the provision of the 2010 Order specified in column 3 of that table,

the fee specified in column 2 of that table in relation to that entry is payable.

6

(2) No fee is payable pursuant to this regulation where a person makes an application for registration under section 4C of the 1981 UK Actn.

(3) If a declaration of renunciation of British citizenship status is made by a person at the same time as a declaration of renunciation by him of another such citizenship or status, the total fee payable in respect of the registration of those declarations shall be the same as that for registration of a single declaration.

9 Fee for arranging a citizenship ceremony (1) The fee for the arrangement of a citizenship ceremony is payable on

submission of an application for registration or for naturalisation by an applicant who is required by section 42 of the 1981 UK Act to make a citizenship oath and pledge at a citizenship ceremony.

(2) If the fee for the arrangement of a citizenship ceremony is paid in accordance with paragraph (1) and —

(a) the Governor refuses the application; or

(b) the Governor decides that the registration should be effected or the certificate of naturalisation should be granted, but disapplies the requirement to attend a citizenship ceremony because of the special circumstances of the case,

the fee paid in respect of the arrangement of a citizenship ceremony shall be refunded.

(3)

If the fee for the arrangement of a citizenship ceremony is to be paid in accordance with paragraph (1), and the fee is not paid in accordance with that paragraph, the Governor shall not consider the application for registration or naturalisation.

10 Fee for Premium Case Working Service In respect of an application to which article 4(2)(a) to (h) of the 2010 Order applies, where the applicant requests that the application is processed before 16:30 on the next working day following the day on which it is received and the application has been received before noon on the day of receipt, an additional fee of £82.50 shall be charged.

12 Section 4C is inserted by section 13(1) of the Nationality, Immigration and Asylum Act 2002 and is amended by section 45 of the Borders, Citizenship and Immigration Act 2009.

7

11 Consequences of failing to pay the fee specified for an application If an application to which these Regulations refer is not accompanied by a specified fee, the application shall not be considered to have been validly made.

12 Revocation The Immigration and Nationality (Fees) (No2) Regulations 2010 are revoked.13

MADE I -tom .233it

Lieutenant Governor

" SD 941/10

8

Regulations 4, 6 8(1) and (9) SCHEDULE

TABLE OF FEES PART 1

FEES FOR IMMIGRATION SERVICES

Matter in respect of which fee is payable Amount of fee (£) Article of the 2010 Order

Applicant Dependant

1. An application for limited leave to remain in the Isle of Man as a Tier 1 (General) migrant, a Tier 1 (Investor) migrant, a Tier 1 (Entrepreneur) migrant or a Tier 1 (Post Study Work) migrant under the immigration rules -

(a) where the application is in respect of a person who is a Tier 1 (General) migrant, a Tier 1 (Investor) migrant or a Tier 1 (Entrepreneur) migrant and who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter;

(b) in any other case where the application is in respect of a Tier 1 (General) migrant, a Tier 1 (Investor ) migrant or a Tier 1 (Entrepreneur) migrant; and

(c)

where the application is in respect of a Tier 1 (Post Study) migrant

900

1,000

594

500

500

297

article 4(2)(a) or (b)

2. An application for limited leave to remain in the Isle of Man as a Tier 2 migrant under the immigration rules —

(a) where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter;

(b) in any other case.

495

550

275

275


9


Applicant Dependant

3. An application for limited leave to remain in the Isle of Man as Tier 2 (Intra-Company Transfer) migrant for a period of not more than 12 months under the immigration rules -


(a) where the application is in respect of a person who is a national of a state which has ratified the Council of

315 175

Europe Social Charter;

(b) in any other case 350 175 4. An application for limited leave to remain article 4(2)(a) or (b) in the Isle of Man as a Tier 4 migrant under the immigration rules.

386 193

5. An application for limited leave to remain in the Isle of Man as a Tier 5 (Temporary


Worker) migrant under the immigration rules —

(a) where the application is in respect of a person who is a national of a state which has ratified the Council of

171 95

Europe Social Charter:

(b) in any other case. 190 95

6. An application for a sponsorship licence in respect of Tier 2 migrants —

(a) where the sponsor is a small sponsor; 310

article 4(2)(g)

(b) where the sponsor is not a small sponsor and holds a valid licence in respect of Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants;

(c) in any other case.

615

1025

1 0

Matter in respect of which fee is payable Amount of fee (E) Article of the 2010 Order

Applicant Dependant

7. An application for a sponsorship licence in respect of Tier 2 migrants and Tier 4 migrants—

article 4(2)(g)


(b) where the sponsor is not a small sponsor and holds a valid licence in respect of

615

Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants ;

(c) in any other case. 1025

8. An application for a sponsorship licence in respect of Tier 2 migrants and Tier 5 migrants—


article 4(2)(g)

(b) where the sponsor is not a small sponsor and holds a valid licence in respect of

615

Tier 4 migrants, Tier 5 migrants or Tier 4 and Tier 5 migrants;

(c) in any other case. 1025

9. An application for a sponsorship licence in respect of Tier 2 migrants, Tier 4 migrants and

article 4(2)(g)

Tier 5 migrants —


(b) in any other case. 1025

10. An application for a sponsorship licence in respect of Tier 4 migrants—

article 4(2)(g)

(a) where the sponsor is a small sponsor and holds a valid sponsorship licence in respect of Tier 2 migrants;


110

410

11


Applicant Dependant

11. An application for a sponsorship licence in respect of Tier 5 migrants—



110

410

article 4(2)(g)

12. An application for a sponsorship licence in respect of Tier 4 migrants and Tier 5 migrants —


(b) in any other case

110

410

Article 4(2))g)

13. The issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain in or enter the Isle of Man as a Tier 2 migrant.

175

article 6

14. The issuing of a certificate of sponsorship in respect of an application or potential application for leave to remain in or enter the Isle of Man as a Tier 5 migrant.

10

article 6

15. An application for issuing an action plan in respect of a B rated sponsor. 1000

article 6

16. An application for indefinite leave to remain in the Isle of Man—

(a) where the application is in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter;

(b) in any other case

875

972

486

486


17. An application by a dependant relative for indefinite leave to remain in the Isle of Man under paragaph 317 of the immigration rules.

1814


12


Applicant Dependant

18. An application for a transfer of

216 conditions.

108 article 4(2)(c)

19. An application for limited leave to remain in the Isle of Man under any other category not referred to in this table

550 275 article 4(2)(a) or (b)

13

PART 2

FEES FOR SERVICES IN CONNECTION WITH NATIONALITY

Matter in respect of which fee is payable Amount of fee (£)

Article of the 2010 Order

1. An application for naturalisation as a British citizen under section 6(1) or (2) of the 1981 UK Act.

756 article 4(2)(d)

2. A joint application for naturalisation as a British citizen under section 6(1) of the 1981 UK Act made by either a husband and wife, or 2 people who are civil partners of each other, and at the time of the applications are residing together.

1134 article 4(2)(d)

3. An application under the 1981 UK Act for registration as a British citizen of either an adult or a child.

540 article 4(2)(e)

4. An application under the 1981 UK Act for registration of 2 or more children and those children have the same parent, or parents.

810

(With an increase of

£270 to the application fee for each additional

child registered.)

article 4(2)(e)

5. An application for a letter or other document confirming—

(a) a person's immigration or nationality status; or

(b) that a person is not a British Citizen.

86 article 4(2)(f)

6. The registration of a declaration of renunciation of British citizenship made in pursuance of section 12 of the 1981 UK Act.

225 article 5(2)(a)

7. In respect of the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony).

80 article 5(2)(b)

14

EXPLANATORY NOTE (This note is not part of the Regulations.)

These Regulations specify the fee payable in respect of applicants and their dependants for immigration services including the issuing of sponsorship licences, certificates of sponsorship and action plans in respect of a B rated sponsor (regulation 4 and Part 1 of the Schedule); exceptions in respect of leave to remain applications (regulation 5); additional fees for dependants (regulaton 6 and Part 1 of the Schedule). An applicant who is a national of a State which has ratified the Council of Europe Social Charter and revised Charter shall be charged a reduced fee (regulation 7). The fees for nationality services are specified (regulations S and 9 and Part 2 of the Schedule). An additional fee is charged where an applicant requests that the application is processed by 16:30 on the next working day following the day on which it is received by the Immigration Office (regulation 10). Regulation 11 sets out the consequences of failing to pay the specified fee. The Regulations prescribing the previous fees are revoked (regulation 12).

15

asylum and immigration (treatment of claimants, …

Documents