It is a pleasure to serve under your chairship, Sir Roger. The legislation we are debating concerns two elements of our immigration system: the fees for immigration and nationality applications, and the use of biometric information. I will take each instrument in turn.
The draft Immigration and Nationality (Fees) (Amendment) Order sets out immigration and nationality functions for which a fee is to be charged, and the maximum amount, or maxima, that can be charged in relation to each of those functions. I am sure Members will agree that it is prudent to keep maximas under review to ensure that the order continues to support our fees and funding objectives. The order will make several changes to the maximum fee payable, including for the electronic travel authorisation, sponsorship on work routes, naturalisation as a British citizen or a British overseas territories citizen, and certain nationality services.
The electronic travel authorisation maxima will increase from £15 to £16. The fee maxima that applies to sponsor a worker and for certificates of sponsorship will increase from £300 to £525. The fee maxima that applies to adult applications made to naturalise as a British citizen or a British overseas territories citizen will increase from £1,500 to £1,605. We are also making a number of changes to maximas for nationality-related products and services. The fees order will also remove the fee provision related to the electronic visa waiver and make a consequential amendment to the Immigration and Nationality (Fees) Regulations 2018 to remove the fee.
The changes we propose, which are accompanied by an economic impact assessment, will facilitate subsequent increases to relevant fees to the new maxima level, as outlined in the explanatory memorandum, which are necessary to ensure the sustainability of the migration and borders system.
The impact assessment for the fees order considered a range of economic costs and benefits of the proposed changes, of which the indirect impact on the Exchequer was one. However, this was considered alongside the estimated benefits, including the estimated revenue generated from the changes. The overall impact of the changes, if made in subsequent regulations, is uncertain, and a range of impacts has been presented. However, in the central case, the impact assessment estimates a positive overall economic impact of £203.5 million over the five-year period.
The central scenario in the impact assessment represents the best estimation of the potential policy impact if fees were to be raised to the relevant maxima. In this scenario, the direct benefits have been assessed as outweighing the more uncertain indirect costs. Further potential revenue of between £105 million and £120 million per year accruing to the Home Office from increases to the certificate of sponsorship fee are captured separately in the document as a transfer between business and the Government.
I want to make it clear that no fee levels will be changed through this order. Fee levels are amended through the Immigration and Nationality (Fees) Regulations 2018 and will be subject to approval by Parliament and accompanied by a full economic impact assessment. However, in laying this order before the House, we have sought to provide clarity to Parliament and to the public on our intention to increase certain fees when parliamentary time allows.
Let me turn to the Immigration (Biometric Information etc.) (Amendment) Regulations 2025. The use of biometric information, in the form of facial images and fingerprints, continues to play a crucial role in our immigration system by enabling us to check and confirm the identities and immigration status of foreign nationals coming to and living in the UK. The regulations form part of the Government’s commitment to harness the power of technology to deliver several significant improvements to our immigration and border system and support our transition to a digital passenger journey from application to arrival.
The regulations provide measures to support the transition away from physical biometric immigration documents towards digital immigration status in the form of an e-visa for everyone who applies for a visa to come to the UK, including visitors; the ability to retain biometric information from people who abscond from immigration bail and become uncontactable; changes to prevent abuse of the stateless person route; and a power to enrol biometrics from all people arriving at the border and retain that information for everyone who is not a British citizen.
The roll-out of e-visas started in 2018 as part of the EU settlement scheme and has been incrementally widened to other foreign nationals coming to and staying in the UK. As of 27 February 2025, over 4 million people have successfully created a UK Visas and Immigration account to access their e-visa up to the end of January, with many more creating an account every day. In November 2024, the Home Office stopped issuing biometric residence permits and intends to stop issuing passport vignettes, or stickers, later this year. Instead, people granted permission to come and stay in the UK need to create a UKVI account to access their e-visa, which they can use to prove their status and identity in the UK.
To ensure the integrity of the e-visa system, the regulations will also require e-visa holders to maintain accurate information about themselves, including by updating their facial image. That will ensure that employers and other organisations conduct accurate checks when establishing a person’s status and identity, which helps to prevent illegal working and identity-enabled criminality. That is because, while e-visas issued to people who are settled in the UK do not expire, we still need the person to periodically update their facial image, as with UK passports and photo driving licences, which are valid for up to 10 years. The person will need to be reminded to update their facial image ahead of needing to do so. For adults, the period of time will be similar to that for passports or UK driving licences.
We need to ensure that foreign nationals who are staying in our country comply with our rules. Therefore, to reflect the new digital status, we are introducing a new, but proportionate, sanction that may be imposed on a person who refuses to adhere to any requirements in the regulations to encourage compliance. If an e-visa holder fails to update their photo in the required time, the regulations allow us to prevent them from sharing their status for third-party checks until they comply with the regulations. That will reduce the need to impose more stringent existing sanctions, such as civil penalties or curtailing or varying their immigration permission. I stress that these sanctions will apply only to those who will not comply with our requirements, not to those who cannot.
We have taken lessons from the experiences of the Windrush generation and are committed to avoiding undue burdens being placed on elderly people. We will not require people aged over 70 to update their facial image or to create an account where they hold an expired biometric residence permit but will encourage them to do so for their convenience. The proposed regulations also enable us to extend the standard fingerprint retention period beyond 15 years for those who abscond from immigration bail and seek to avoid contact with the Home Office or the police.
Statelessness presents significant challenges, which we have managed through legal frameworks and international co-operation. The previous instrument enabled some people to avoid providing their biometrics for the purposes of the biometric immigration document without any consequences. This instrument closes that gap and ensures that anyone who applies to stay in the UK because they are stateless needs to enrol their biometric information as required, or face having their application disregarded or refused.
Moving to our plan to transform the UK border, we are looking to harness innovative technologies to improve how people move through the UK’s border. Biometric information is an effective way of establishing and verifying a person’s identity. We want to build upon existing identity verification capabilities to ensure that we are building a border that can withstand future pressures efficiently, while maintaining our border security. To achieve that, we need legislation that will enable us to enrol and retain the biometric information captured at the UK border. By retaining this data, we will have a record of up-to-date facial images to support a smoother passage through the border each time the person arrives in the UK.
The instrument ensures that robust action can be taken by Border Force officers against those non-British or non-Irish citizens who wish to consciously circumvent requirements to provide biometric information at the border, by allowing Border Force to refuse or cancel permission to enter the UK. We know that some of our Five Eyes partners, such as the USA and Australia, are developing automated border systems based on biometric information to improve passenger flow and maintain security. This instrument will allow us to keep pace.
The enhanced facial comparison capability provided through these regulations will also allow us to develop further new identity verification technologies. That includes trialling contactless travel at the UK border, which would enable a person to enter the UK without routinely producing their passport—something you might enjoy doing, Sir Roger—at the border, but without compromising our security. We aim to do that by using the information we have from our universal permission to travel, e-visa and electronic travel authorisation, coupled with advance passenger information, which will allow us to know more about who is travelling to the UK prior to their departure. That will enable us to conduct more checks prior to their arrival at the border. We will be able to match the facial image of a person arriving at the UK border with the biometric information we already hold from either their passport or immigration application. To reassure the Committee, these regulations do not change the requirement for all arrivals to the UK to travel on a valid passport.
Our future vision for the UK border is rightly ambitious. Equally, it is important that we proceed cautiously with any new technology introduced at the border. We must make sure that we get this right. That is why our first step will be to test contactless travel on British citizens only later this year. We will only move to further implementation if that is a success. I can also reassure the Committee that this instrument does not commit the Government to introduce any new technology; instead, it bolsters our ability to enrol and retain biometric information at the border and paves the way for trialling of contactless travel.
I realise that these are both somewhat technical areas. I thank Members for their consideration of our fees order, which will ensure that our migration and borders system is sustainably funded, and our biometrics regulations, which will help to facilitate our ambitious journey towards a biometrically enabled digital immigration system. I commend the order and the regulations to the Committee.