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United Kingdom removes European Social Charter work-visa fee concessions

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateFebruary 26, 2022
CategoryVisa and sponsorship fees
Policy toolRepeal of nationality-based fee concessions
Affected groupEligible main work-visa applicants formerly covered as cesc nationals and their sponsors

Policy effect

From February 26, 2022, regulation 4 and Schedule 3 of SI 2021/1035 removed the CESC-national fee concessions from the Immigration and Nationality (Fees) Regulations 2018. The concessions had provided a £55 reduction for eligible main applicants on work-visa routes and waived applicable Certificate of Sponsorship fees for their sponsors. Schedule 3 removed the CESC definition, the relevant UK entry-clearance and leave-to-remain reductions, the CESC exceptions in Certificate of Sponsorship fee entries 14.4.1, 14.4.1A, 14.4.1B and 14.4.3, and the corresponding Isle of Man entry-clearance reduction. Other fee reductions and exceptions were not abolished by this CESC-specific repeal. The Isle of Man’s domestic leave-to-remain and Certificate of Sponsorship changes were outside this instrument. This record covers the February 2022 concession repeal, separately from the instrument’s October 2021 sportsperson and other fee changes; it does not assert a uniform £199 sponsorship charge or a fixed list of 26 countries.

Conditions and exceptions

Validated condition or limit: From February 26, 2022, regulation 4 and Schedule 3 of SI 2021/1035 removed the CESC-national fee concessions from the Immigration and Nationality (Fees) Regulations 2018.; The concessions had provided a £55 reduction for eligible main applicants on work-visa routes and waived applicable Certificate of Sponsorship fees for their sponsors.; Schedule 3 removed the CESC definition, the relevant UK entry-clearance and leave-to-remain reductions, the CESC exceptions in Certificate of Sponsorship fee entries 14.4.1, 14.4.1A, 14.4.1B and 14.4.3, and the corresponding Isle of Man entry-clearance reduction.; Other fee reductions and exceptions were not abolished by this CESC-specific repeal.; This record covers the February 2022 concession repeal, separately from the instrument’s October 2021 sportsperson and other fee changes

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

STATUTORY INSTRUMENTS 2021 No. 1035 IMMIGRATION NATIONALITY The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021 Made - - - - 13th September 2021 Laid before Parliament 15th September 2021 Coming into force Regulations 2 and 5, Schedule 1 and paragraphs 4(2), (3) and (5), 5(2), (3), (4)(a) and (5) and 7 of Schedule 2 at 9.00 a.m. on 11th October 2021 Paragraph 4(4)(b) of Schedule 2 18th October 2021 Regulation 4 and Schedule 3 26th February 2022 Remainder 6th October 2021 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 84(4)(d) and 166(3)(b) of the Immigration and Asylum Act 1999(a) and sections 68(1), (7), (8), (10)(a) and (b), 69(2) and 74(8)(a), (b) and (c) of the Immigration Act 2014(b). So far as these Regulations are made in exercise of powers conferred by the Immigration Act 2014, they are made further to provision in the Immigration and Nationality (Fees) Order 2016(c) and with the consent of the Treasury(d). Citation, commencement and extent 1.—(1) These Regulations may be cited as the Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021. (2) Except as provided by paragraphs (3), (4) and (5), these Regulations come into force on 6th October 2021. (a) 1999 c. 33; section 84(4)(d) was amended by paragraph 2(1)(b) of Schedule 7 to the Immigration Act 2014 (c. 22). (b) 2014 c. 22. Sections 68 to 70 of the Immigration Act 2014 were extended, with modifications, to the Isle of Man by articles 5 to 7 of the Immigration (Isle of Man) (Amendment) Order (S.I. 2015/1765) which inserted new article 22 and new Schedule 9A in the Immigration (Isle of Man) Order 2008 (S.I. 2008/680). Article 22 of and Schedule 9A to S.I. 2008/680 were amended by the Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562). There are other amendments to S.I. 2008/680 not relevant to these Regulations. (c) S.I. 2016/177; relevant amending instruments are S.I. 2018/329, 2021/768. (d) Treasury consent has been obtained pursuant to section 69(1). (3) The following provisions of these Regulations come into force at 9.00 a.m. on 11th October 2021— (a) regulation 2 and Schedule 1; (b) regulation 5; (c) in Schedule 2— (i) paragraph 4(2), (3) and (5); (ii) paragraph 5(2), (3), (4)(a) and (5); (iii) paragraph 7. (4) Paragraph 4(4)(b) of Schedule 2 comes into force on 18th October 2021. (5) Regulation 4 and Schedule 3 come into force on 26th February 2022. (6) The amendments made by these Regulations have the same extent as the provisions that are amended. Amendments to the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 2. Schedule 1 contains amendments to the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009(a). Amendments to the Immigration and Nationality (Fees) Regulations 2018 coming into force in October 2021 3. Schedule … amendments to the Immigration and Nationality (Fees) Regulations 2018(b) coming into force in October 2021 (in accordance with regulation 1(2), (3)(c) and (4)). Further amendments to the Immigration and Nationality (Fees) Regulations 2018 coming into force on 26th February 2022 4. Schedule 3 contains further amendments to the Immigration and Nationality (Fees) Regulations 2018, coming into force on 26th February 2022 (in accordance with regulation 1(5)). Saving of provisions of the Immigration and Nationality (Fees) Regulations 2018 amended by paragraphs 4 and 5 of Schedule 2 5.—(1) Despite its revocation by paragraph 4(3)(a)(ii) of Schedule 2, paragraph (d) in the second column of 1.3.6A in Table 1 in Schedule 1 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement, 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 T2 Sportsperson to the immigration rules, or (b) made an application before commencement for entry clearance to enter the United Kingdom under that Appendix which had not been determined immediately before commencement. (2) Despite its substitution by paragraph 4(3)(b) of Schedule 2, 1.3.6F in Table 1 in Schedule 1 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement, for the purposes of the provision by paragraph 3 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) S.I. 2009/506, amended by S.I. 2020/966, 2020/1147. (b) S.I. 2018/330, amended by S.I. 2018/618, 2018/875, 2018/999, 2019/475, 2020/77, 2020/294, 2020/736, 2020/942, 2020/966, 2020/1147, 2020/1309, 2021/269, 2021/768. 2 (a) has entry clearance to enter the United Kingdom granted before commencement under any of the Appendices to the immigration rules listed in paragraph (3) of this regulation, or (b) made an application before commencement for entry clearance to enter the United Kingdom under any of those Appendices which had not been determined immediately before commencement. (3) Those Appendices are— (a) Appendix T5 (Temporary Worker) Religious Worker; (b) Appendix T5 (Temporary Worker) Charity Worker; (c) Appendix T5 (Temporary Worker) Creative or Sporting Worker; (d) Appendix T5 (Temporary Worker) International Agreement Worker; (e) Appendix T5 (Temporary Worker) Government Authorised Exchange Worker. (4) Despite its revocation by paragraph 5(3)(a)(ii) of Schedule 2, paragraph (d) in the second column of 6.2.6A in Table 6 in Schedule 2 to the 2018 Regulations continues to have effect, as it had effect immediately before commencement, 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 King …
The National Archives, legislation.gov.ukImmigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021, SI 2021/1035, regulation 1(5), regulation 4 and Schedule 3; Explanatory Memorandum paragraphs 6.7 and 7.10–7.12.Open official source
Retrieved from https://www.legislation.gov.uk/uksi/2021/1035/pdfs/uksi_20211035_en.pdf

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