The Immigration and Nationality (Fees) (Amendment) Order 2025
This Order amends the 2016 and 2018 Immigration and Nationality (Fees) legislation by increasing several fees related to immigration and nationality matters and removing references to obsolete Electronic Visa Waivers.
The amendments were approved by Parliament and increase fees for various services, ranging from £1 to several hundred pounds, to reflect increased costs and maintain the system's financial viability.
The changes came into effect the following day after the Order was made.
Arguments For
Increased revenue for immigration services: The fee increases generate additional revenue which could be used to improve services, infrastructure, or staffing. The increased revenue aims to improve processing times and the overall quality of immigration services.
Alignment with inflationary pressures: The adjustments to fees reflect the cost of living and the inflationary pressures impacting the cost of providing immigration services. This ensures the financial sustainability of the system and prevents a deficit.
Streamlining immigration processes: Removing references to the Electronic Visa Waiver (replaced by electronic travel authorisations) ensures the legislation reflects current practice, thus streamlining processes and clarifying the regulatory framework. It simplifies the system by removing outdated references.
Legal basis in existing legislation: The Order is made under powers granted by sections 68 and 69(2) of the Immigration Act 2014 allowing the Home Secretary to adjust fees with Treasury approval. This demonstrates adherence to existing legal frameworks for fee implementation.
Parliamentary approval: The draft Order was laid before and approved by both Houses of Parliament under section 74(2)(j) of the Immigration Act 2014. This demonstrates the democratic approval of the changes.
Arguments Against
Increased burden on applicants: Higher fees may disproportionately impact individuals and families with limited financial resources, potentially creating barriers to immigration and citizenship. This could lead to increased administrative challenges for individuals dealing with financial constraints.
Potential for revenue overestimation: The increased fees might generate more revenue than needed, creating an excess that is not being carefully managed or allocated transparently. Scrutiny of revenue collection and spending is needed.
Lack of detailed justification for specific fee increases: The order provides limited explanation for the specific choices of increased fees for different services. This lack of transparency makes it difficult to assess whether each increment is justified.
Administrative complexity of updating regulations: Changes necessitate updating all related documents and systems, creating a significant administrative overhead. This presents a challenge that may lead to errors in implementing the changes evenly.
Possible unintended consequences of fee changes: The adjustments could have unforeseen negative impacts on the overall immigration system or on the groups affected by the fee changes, which needs analysis and mitigation strategies.
- Citation, commencement and extent (1) This Order may be cited as the Immigration and Nationality (Fees) (Amendment) Order 2025. (2) This Order comes into force on the day after the day on which it is made. (3) The amendments made by this Order have the same extent as the provisions that are amended.
This section outlines the Order's title, effective date, and geographic scope.
The Order is titled 'Immigration and Nationality (Fees) (Amendment) Order 2025' and becomes law the day after its creation.
It affects the same areas as the laws it modifies.
- Amendments to the Immigration and Nationality (Fees) Order 2016 (1) The Immigration and Nationality (Fees) Order 2016 is amended as follows. (2) In article 2, omit the definition of “Electronic Visa Waiver”. (3) In article 5B(2), for “£15”, substitute “£16”. (4) In article 6, in table 3— (a) in the row beginning “3.1.4A”, in the fourth column, for “£15” substitute “£16”; (b) omit the row beginning “3.1.5”; (c) in the row beginning “3.2.3”, in the fourth column, for “£450” substitute “£482”. (5) In article 7, in table 4— (a) in the row beginning “4.2”, in the third column, for “£300” substitute “£525”; (b) in the row beginning “4.2A”, in the third column, for “£300” substitute “£525”. (6) In article 10, in table 7— (a) in the row beginning “7.1”, in the third column, for “£1,500”, substitute “£1,605”; (c) in the row beginning “7.3”, in the third column, for “£450”, substitute “£482”; (d) in the row beginning “7.4”, in the third column, for “£400”, substitute “£428”; (e) in the row beginning “7.7”, in the third column, for “£550”, substitute “£589”; (f) in the row beginning “7.8”, in the third column, for “£400”, substitute “£428”; (g) in the row beginning “7.9”, in the third column, for “£400”, substitute “£428”.
This section details specific amendments to the Immigration and Nationality (Fees) Order 2016.
It removes the definition of "Electronic Visa Waiver", and increases various fees listed within article 5B, 6, 7, and 10.
The changes are explicitly detailed with amendments to specific table entries, referencing row numbers and column adjustments to specify the fee increases.
- Consequential Amendments to the Immigration and Nationality (Fees) Regulations 2018 (1) The Immigration and Nationality (Fees) Regulations 2018 are amended as follows. (2) In Schedule 3— (a) in paragraph 1 (interpretation), omit the definition of “Electronic Visa Waiver”; (b) in paragraph 2, in table 10— (i) omit the row beginning “10.7”; (ii) omit the row beginning “10.7.1”.
This section describes consequential changes to the Immigration and Nationality (Fees) Regulations 2018 to align with the amendments from the previous section.
The definition of "Electronic Visa Waiver" is removed from paragraph 1.
References to rows "10.7" and "10.7.1" in table 10 of paragraph 2 are also removed.
These changes ensure consistency with the updated 2016 Order.