The Immigration and Nationality (Fees) (Amendment) Regulations 2026
Amended immigration fee structures to exempt detainees from certain human rights application costs and updated fees for Isle of Man work routes.
This instrument amends the Immigration and Nationality (Fees) Regulations 2018 to introduce new fee exceptions and update charges for specific visa categories.
It directs that individuals in immigration detention or the Family Returns Process are exempt from fees when applying for leave based on Human Rights Convention rights.
The regulations also remove fees for closed visa routes, establish new fees for the Global Business Mobility routes in the Isle of Man, and provide fee exceptions for transfer of conditions for those with leave under Appendix EU. These changes apply to the Home Office, the Treasury, and applicants seeking entry clearance or leave to remain in the United Kingdom or the Isle of Man.
Arguments For
The regulations state that no fee should be payable for limited leave applications made on Human Rights Convention grounds by persons in immigration detention or the Family Returns Process.
The document notes that certain fee provisions are being removed because the underlying visa routes have closed or are no longer transitionally available under the immigration rules.
Proponents argue that the amendments maintain consistency with the immigration rules, such as renaming references to 'Administrative Review' and removing obsolete categories like 'Service Providers from Switzerland'.
The explanatory note indicates that separate fee entries for dependants of Tier 1 and Start-up migrants are necessary to ensure legal clarity while the main routes are closed to new applicants.
Arguments Against
Legal scholars may note that the regulations do not define the specific 'Convention rights' beyond a reference to the Human Rights Act 1998, potentially leaving ambiguity in application processing.
Affected parties may question why specific fees for the Isle of Man Global Business Mobility routes are being introduced at different dates (November 2026) than the primary commencement date (October 2026).
Critics of the fee structure might argue that the document does not address the overall cost level of fees, such as the £2,000 charge for Tier 1 (Investor) dependants, which remains unchanged despite the route's closure to new main applicants.
Citation, commencement, extent and interpretation
- -(1) These Regulations may be cited as the Immigration and Nationality (Fees) (Amendment) Regulations 2026.
- (2) Subject to paragraph (3), these Regulations come into force on 8th October 2026.
- (3) Regulation 8(3)(b) comes into force on 2nd November 2026.
- (4) These Regulations extend to England and Wales, Scotland and Northern Ireland.
(5) The following provisions of these Regulations also extend to the Isle of Man, for the same purpose as the provisions of the 2018 Regulations which they amend-
- (a) this regulation;
- (b) regulation 2 insofar as it relates to-
- (i) paragraphs (a) and (b)(iii) and (iv) of regulation 3 insofar as they relate to the Isle of Man immigration rules;
- (ii) regulations 3(b)(ii), 4 and 8;
- (c) paragraphs (a) and (b)(iii) and (iv) of regulation 3 insofar as they relate to the Isle of Man immigration rules;
- (d) regulation 3(b)(ii);
- (e) regulation 4;
- (f) regulation 8.
(6) In these Regulations, 'the 2018 Regulations' means the Immigration and Nationality (Fees) Regulations 2018.
(7) In this regulation, 'Isle of Man immigration rules' has the meaning given by regulation 2 of the 2018 Regulations.
This section establishes the official name and effective dates of the regulations.
Most provisions take effect on 8 October 2026, while specific fees for Isle of Man business routes begin on 2 November 2026.
It also specifies which parts of the law apply to the United Kingdom and which parts extend to the Isle of Man.
Amendment of the Immigration and Nationality (Fees) Regulations 2018
2 The 2018 Regulations are amended in accordance with regulations 3 to 9.
This provision authorizes the specific modifications to the existing 2018 immigration fee framework.
It acts as the legal bridge between this document and the primary fee regulations.
Amendments to regulation 2 (interpretation)
- 3 In regulation 2-
- (a) the existing text becomes paragraph (1);
- (b) in paragraph (1)-
- (i) in the definition of 'administrative review', for 'AR or Appendix AR (EU)' substitute 'Administrative Review';
- (ii) omit the definition of 'approval letter from a designated competent body';
- (iii) for the words from ''Tier 1 (Entrepreneur) Migrant'' to ''Tier 1 (Investor) Migrant'', substitute ''Tier 1 (Entrepreneur) Migrant' and 'Tier 1 (Investor) Migrant'';
- (iv) insert the following definitions in the appropriate places-
''person in immigration detention' has the meaning given by paragraph 6 of the immigration rules;';
''Tier 1 (Exceptional Talent) Migrant' has the meaning given by paragraph 6 of the Isle of Man immigration rules;';
- (c) after paragraph (1), insert-
'(2) For the purposes of these Regulations, a person is 'in the Family Returns Process' if they fall within the meaning of that term in paragraph 6 of the immigration rules.'.
This section updates technical definitions to reflect changes in the broader immigration rules.
It adds precise legal definitions for individuals in 'immigration detention' and the 'Family Returns Process' (a procedure for managing the removal of families without a right to remain).
It also updates terminology for administrative reviews and Tier 1 visa categories.
Amendments to regulation 11 (fees for applications relating to entry clearance to enter the Isle of Man and premium services)
- 4 In regulation 11, in paragraph (a), omit-
- (a) the words from ', and for' to 'competent body,';
- (b) ', 5A'.
This section removes references to fees for specific endorsement letters previously required for certain visa applications in the Isle of Man.
It reflects the closure of those specific application paths.
Amendments to Schedule 1 (applications for entry clearance to enter, and leave to enter, the United Kingdom)
- -(1) Schedule 1 is amended in accordance with this regulation.
(2) In Table 1 (fees for applications for entry clearance to enter or leave to enter the United Kingdom)-
- (a) omit entries 1.3.4, 1.3.6 and 1.3A.2;
- (b) in entry 1.3A, omit 'or Appendix Start-up'.
(3) In Table 2 (specified fees for dependants)-
- (a) omit entry 2.1.1;
- (b) at the end, insert-
- '2.1.7 Application for entry clearance under Appendix Start-up to the immigration rules as a dependant partner or dependant child on the Start-up route under that Appendix. £495
- 2.1.8 Application for entry clearance as a dependant of a Tier 1 (Entrepreneur) Migrant. £1,357
- 2.1.9 Application for entry clearance as a dependant of a Tier 1 (Investor) Migrant. £2,000'.
- (4) In Table 4 (exceptions in respect of fees for and in connection with applications for entry clearance to enter or leave to enter the United Kingdom)-
- (a) after entry 4.4.1, insert-
- '4.4A Applications for limited leave to enter the United Kingdom made solely or primarily on the basis of the applicant's Convention rights by applicants who are persons in immigration detention or who are in the Family Returns Process
- 4.4A.1 No fee is payable in respect of an application for limited leave to enter the United Kingdom made solely or primarily on the basis of the applicant's Convention rights by an applicant who is-
- (a) a person in immigration detention, or
- (b) in the Family Returns Process.
- (b) omit entries 4.7 and 4.7.1.
This section modifies fees for entering the UK, specifically creating separate entries for dependants of Start-up and Tier 1 migrants at rates between £495 and £2,000.
It also creates a new legal exception that prohibits charging a fee to applicants in detention or the Family Returns Process when they apply for entry clearance based on human rights.
Additionally, it removes fee provisions for Swiss service providers following the removal of that visa category.
Amendments to Schedule 2 (applications for leave to remain in the United Kingdom)
- -(1) Schedule 2 is amended in accordance with this regulation.
(2) In Table 6 (fees for applications for limited leave to remain in the United Kingdom and connected applications)-
- (a) omit entries 6.2.4, 6.2.6 and 6.2A.2;
- (b) in entry 6.2A, omit 'or Appendix Start-up'.
(3) In Table 7 (fees for specified applications for limited leave to remain in the United Kingdom as a dependant)-
- (a) omit entry 7.1.1;
- (b) at the end, insert-
- '7.1.6 Application for limited leave to remain in the United Kingdom under Appendix Start-up to the immigration rules as a dependant partner or dependant child on the Start-up route under that Appendix. £666
- 7.1.7 Application for limited leave to remain in the United Kingdom as a dependant of a Tier 1 (Entrepreneur) Migrant. £1,693
- 7.1.8 Application for limited leave to remain in the United Kingdom as a dependant of a Tier 1 (Investor) Migrant. £2,000'.
- (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), after entry 9.4, insert-
- '9.4A Applications for limited leave to remain in the United Kingdom made solely or primarily on the basis of the applicant's Convention rights by applicants who are persons in immigration detention or who are in the Family Returns Process
No fee is payable in respect of an application for limited leave to remain in the United Kingdom made solely or primarily on the basis of the applicant's Convention rights by an applicant who is-
- (a) a person in immigration detention, or
- (b) in the Family Returns Process.
This section mirrors the changes in Schedule 1 but applies to individuals already in the UK seeking to stay (leave to remain).
It sets specific fees for dependants of former Tier 1 and Start-up visa holders and mandates that no fee be charged for human rights-based applications made by people in immigration detention or the Family Returns Process.
Amendments to Schedule 3 (documents and administration)
- -(1) Schedule 3 is amended in accordance with this regulation.
- (2) In paragraph 2, in sub-paragraph (2), for 'for applications' to the end substitute 'for-
- (a) applications for travel documents and transfers of conditions,
- (b) processing an application or claim which is later rejected as invalid, and
- (c) contact point meetings.'.
(3) In Table 11 (exceptions to requirement to pay fees for applications for travel documents etc.)-
- (a) in the heading, after 'travel documents', insert 'and transfers of conditions';
- (b) at the end, insert-
' 11.7 Transfer of conditions for applicants granted leave under Appendix EU to the immigration rules
- 11.7.1 No fee is payable in respect of an application for a transfer of conditions by a person who has been granted leave to enter or leave to remain in the United Kingdom under Appendix EU to the immigration rules. Fee 10.2.1'.
This section provides a fee exception for individuals with status under the EU Settlement Scheme (Appendix EU) when they apply for a 'transfer of conditions'.
A transfer of conditions refers to the process of moving a person's visa or residence status from an old passport or document to a new one.
Amendments to Schedule 9 (applications in relation to entry clearance to enter the Isle of Man and premium services)
- -(1) Schedule 9 is amended in accordance with this regulation.
- (2) In paragraph 2, in sub-paragraph (1), omit the words from ', as well as' to the end.
- (3) In Table 21 (fees for applications for entry clearance to enter the Isle of Man)-
- (a) omit entries 21.2.1, 21.2.2, 21.2.5 and 21.2.8;
- (b) after entry 21.3.9, insert-
- '21.3.10Application for entry clearance under the Senior or Specialist Worker route in Appendix Global Business Mobility Routes to the Isle of Man immigration rules. £819
- 21.3.11 Application for entry clearance-
- (a) under the Graduate Trainee route in Appendix Global Business Mobility Routes to the Isle of Man immigration rules,
- (b) under the Isle of Man Expansion Worker route in Appendix Global Business Mobility Routes to the Isle of Man immigration rules,
- (c) under the Service Supplier route in Appendix Global Business Mobility Routes to the Isle of Man immigration rules, or
- (d) under the Secondment Worker route in Appendix Global Business Mobility Routes to the Isle of Man immigration rules. £340'.
This section introduces new fees for workers applying to enter the Isle of Man under the Global Business Mobility routes.
It sets a fee of £819 for 'Senior or Specialist Workers' and £340 for other categories including Graduate Trainees, Expansion Workers, Service Suppliers, and Secondment Workers.
Amendments to Schedule 11 (miscellaneous fees)
- -(1) Schedule 11 is amended in accordance with this regulation.
(2) In paragraph 3-
(a) in sub-paragraph (3)-
(i) in paragraph (a), omit the words from 'other' to 'applies';
(ii) omit paragraphs (aa) and (bb); (iii) in paragraph (b), omit the words from ', except' to the end;
(b) omit sub-paragraphs (3A) and (5A);
(c) in sub-paragraph (5), for 'sub-paragraphs (5A) and' substitute 'sub-paragraph'.
This section removes provisions related to administrative review fee refunds and exceptions that are no longer applicable.
These removals are linked to the ending of administrative review rights for certain decisions under Appendix EU and the closure of the Swiss service provider route.
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