Office of Public Sector Information

SCHEDULE 2

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the Consular Fees Order 2007, the Consular Fees (Amendment) Order 2007 and the Consular Fees (Amendment) (No.2) Order 2007.

The Order sets out fees to be charged for consular services.

The Order introduces a premium service for legalisation in Part 1 of Schedule 1 dedicated for companies, solicitors and notaries and enables fees for passport applications made both overseas and in the United Kingdom to be non-refundable in the event that the application is unsuccessful.

This Order does not include fees for receiving applications for entry clearance to the United Kingdom, for passing through the United Kingdom, direct airside transit visas and certificates of entitlement of abode. These fees are now charged under section 51 of the Immigration, Asylum and Nationality Act 2006 (c. 13) and, in respect of those fees that are set at levels that exceed the administrative cost of the application, in reliance on section 42 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 (c.19).

Fees for receiving applications for entry clearance to Commonwealth countries, British overseas territories and Crown Dependencies continue to be charged in this Order under the Consular Fees Act 1980. Fees for applications for entry clearance to the Crown Dependencies made from outside the UK have been increased by approximately 3% in line with inflation apart from fees for entry clearance as a student, or as an entertainer or sportsman or sportswomen, or as a voluntary worker outside the Immigration Directorate’s Instructions, which have not been increased.

For the purposes of entry clearance to the Crown Dependencies, the Immigration Rules (HC 395) referred to were laid before Parliament on 23 May 1994 under section 3(2) of the Immigration Act 1971 (c 77).

The Home Office Immigration Directorate’s Instructions referred to are published at: http://www.bia.homeoffice.gov.uk/policyandlaw/guidance/IDIs or can be obtained from the Home Office, Border and Immigration Agency 40 Wellesley Road, Croydon, CR9 2BY.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Consular Directorate, Foreign and Commonwealth Office, Old Admiralty Building, London, SW1A 2PA and is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.