47.This section allows fees to be prescribed for the consideration of applications for leave to remain in the United Kingdom, variation of leave to enter or remain, or the fixing of a stamp in a new or replacement passport or travel document which confirms indefinite leave to enter or remain in the United Kingdom. It replaces, and widens the scope of, a power in section 9(1) of the Immigration Act 1988 for charges to be levied in respect of applications for settlement. When a fee is payable in an individual case, the Secretary of State is not required to consider the application until the fee has been paid. The fee will be payable irrespective of whether the application is granted.
48.The fees are to be prescribed by regulations made by the Secretary of State under this section which, read with section 166, allows different fee levels to be set for different types of case. Regulations may also provide for no fees to be payable in prescribed circumstances, but the Act itself provides (in effect) that a fee is not payable by a person who is making a claim for asylum or for protection under Article 3 of the ECHR; who has had such an application granted and seeks further leave to remain or indefinite leave to remain; or who is a dependant of such a person. The definition of the word “dependant” will also be prescribed in regulations. The section does not permit charges for applicants seeking confirmation of their rights under European Community law. Fee levels for applicants who are required to pay a fee will reflect the full cost of processing their application.
Schedule 14: Consequential amendments Section 5:  Charges