18 October 2007
We received a petition asking:
"We the undersigned petition the Prime Minister to Reconsider the new pricing for applications concerning ILR / Naturalisation."
Details of petition:
"The IND today published new fees for requests of Indefinite Leave to Remain & Naturalisation among other items. The fees for these have been increased by upto 250%. ILR - £750 (from £335) and naturalisation - £575 (from £200). The justification appears to be that the perceived value to the applicant (and subsequent benefits on application being accepted) must be capitalised on. However this justification will fall flat on its face for applications that are rejected where the applicant does not get the benefits of a new status and at the same time loses a significant sum of money for no apparent service provided. It also appears that the entire aim of the change is to dissuade people from applying or pay through their noses for the privilege. What stops the IND from fixing the amount at £1000 or £10000 even ? This is a further tax on a law abiding community that pays taxes (while not accessing public funds / benefits) and who do not have a voice in the crafting of such policies or fees. The one thing policymakers seem to be forgetting is that they are penalising future citizens rather than a community of migrant ‘foreigners’ with whom they obviously dont empathise."
Read the Government’s response
All proposed fee levels for immigration applications must be agreed by Parliament before they can be implemented. In setting the new fee levels for applications made after 02 April 2007 an order made under section 51 of the Immigration, Asylum & Nationality Act 2006 was agreed by both Houses of Parliament.
The Government understands your concern about the impact of changes to the fees for immigration and nationality. Clearly, it is not in the interests of the country to make changes that will undo the many positive benefits that migration brings to the UK. But we are building confidence in our immigration system, and a key part of delivering this - as set out in the recently published enforcement strategy - is new resources to fund improvements in both the controls and the services we offer.
The Government have set our fees at a fair price. It is fair that the economic rate for our services should reflect the true operational costs of the immigration system. Those costs include compliance and related controls which we do not believe should be borne by the general taxpayer. The Government think it right that the fees charged to users of the system who benefit from the services that the Government offer are used towards these costs. Increased control ensures that the application system is fair and is therefore of more benefit to any person who submits their application within the requirements of the rules.
When an immigration application is submitted and it does not meet with the initial generic checks, for example the incorrect form has been completed, it is considered an invalid application and it is rejected. If an application is submitted and it is a valid application because it has met the initial generic checks it will then be considered against the immigration rules so that a decision can be made. If the applicant does not meet the appropriate immigration rules the application will be refused. Where an application is rejected it is returned to the applicant and if no further application or representations are made within 28 days, the fee for the application is returned. However, if an application is refused it will have undergone full and extensive consideration. If an application is refused the fee for the application will not be returned. The Government believe that it is appropriate to retain the fee for the service of considering an application regardless of outcome.
Furthermore, the Government offer many avenues through which an applicant can make enquiries to find out if the application they are making is appropriate in their circumstances and reduce the risk of a refusal. For example, there is information available on the Border and Immigration Agency website and through the Immigration Enquiry Bureau and the Nationality Helpline. The Nationality checking service also offers applicants the opportunity to have their application checked prior to it being submitted.
The requirements and the fee for Indefinite Leave to Remain and naturalisation are not intended to be hurdles to limit individuals from applying. The charging system must be fair to those who use the system, in terms of the price paid for consideration of their application and fair to the UK taxpayer, who will continue to support the immigration system that brings benefits and enrichment to this country.
The Government have already committed to keep the fees we charge under regular review and continue to appraise performance in all areas of the business in detail. The new fees will enable the Border and Immigration Agency to continue improving service as well as paying for robust immigration control.