Fourth Report
Instrument drawn to the special attention
of the House
The Committee have considered the following instrument
and have determined that the special attention of the House should
be drawn to it on the ground specified.
Draft Immigration and Nationality (Fees) (Amendment)
Order 2007
Summary: This Order performs two functions:
first, it simplifies the Home Office's powers to set fees for
immigration and nationality applications and it secondly extends
the range of applications and processes for which fees are to
be paid. New powers are included to charge fees for biometric
identity cards, which will be compulsory for certain migrants
under section 5 of the UK Borders Act 2007. In addition, the instrument
allows the Home Office to charge for sponsorship licences under
the evolving Points-Based System for immigration. A future instrument
will set the fees themselves. In seeking the agreement of the
House to this instrument, the Government may wish to take the
opportunity to provide further information about the Points-Based
System and sponsorship proposals to which these fees will relate.
This Order is drawn to the special attention of
the House on the ground that it gives rise to issues of public
policy likely to be of interest to the House.
1. The Home Office have laid this Order under
section 52(4)(b) of the Immigration, Asylum and Nationality Act
2006 together with an Explanatory Memorandum (EM). To understand
its intentions and effects, the Order should be read alongside
"Sponsorship under the Points Based system: Statement
of Intent" which was published by the Border and Immigration
Agency on 22 November.[1]
2. The Order performs two functions: it simplifies
the Home Office's powers to set fees for immigration and nationality
applications and it extends the range of applications and processes
for which fees are to be paid. The primary legislation allows
the Secretary of State to set fees which exceed the administrative
cost of determining the application[2]
and the EM says that the principle which will underline the fees
is that "those who benefit most from the immigration system
should pay proportionately more towards the true end to end costs
of the system" (paragraph 7.2). A future instrument will
set the fees themselves.
3. New powers are included to charge fees for
biometric identity cards, which will be compulsory for certain
migrants under section 5 of the UK Borders Act 2007. In addition,
the instrument allows the Home Office to charge for sponsorship
licences under the evolving Points-Based System for immigration.
Migrants coming to work in the UK under the highly skilled Tier
of the Points-Based System (Tier One), or who are visiting the
UK, will not need a sponsor, but most others will.
4. Once licensed, sponsors will be able to issue
certificates of sponsorship to the migrants whom they wish to
be in the UK, and these certificates will form an essential (but
not conclusive) part of the migrants' visa application, or permission
to remain in the UK.
5. The EM explains that all licensed sponsors
will be rated A or B and fees charged accordingly. Sponsors who
fully comply with their obligations (or, where the sponsor is
registering for the first time, those that the Home Office believe
will fully comply) will be A-rated. Those who do not, but whose
actual or prospective non-compliance is not deemed serious enough
to justify an immediate refusal, are likely to be B-rated. Paragraph
7.9 of the EM states: "An example of where we could B-rate
might be where the sponsor has a record of poor compliance with
the current Work Permit system, or if its internal communications
are not good enough for it to be able to tell us when a migrant
has turned up for work. A B-rating is also likely to be awarded
if a sponsor receives a Civil Penalty under the illegal working
provisions of the Immigration, Asylum and Nationality Act 2006,
when these are commenced. The Border and Immigration Agency will
publish detailed guidance on this which will appear on its website
when it starts accepting applications for sponsor licences."
6. In seeking the agreement of the House to this
instrument, the Government may wish to take the opportunity to
provide further information about the Points-Based System and
sponsorship proposals to which these fees will relate.
1 http://www.bia.homeoffice.gov.uk/6353//saboutusponsorshippointsbasedsystem.pdf
Back
2
Section 42(1) of the Asylum and Immigration (Treatment of Claimants,
etc) Act 2004 as amended by section 52(7) of the Immigration,
Asylum and Nationality Act 2006. Back
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