Regulations to set application fees at or below the cost of processing are subject to the negative parliamentary procedure, and these fees will increase from 1 October 2010. Where a fee is charged that is set above the cost of processing, the regulations are subject to the affirmative parliamentary process; these fees are due to come into effect in November, subject to parliamentary timetabling.

The date when the increased fees will come into effect will be published on this website nearer the time.

The UK Border Agency believes that the proposals to increase fees continue to strike the right balance between maintaining secure and effective border controls and ensuring that our fees structure does not inhibit the UK's ability to attract migrants and visitors who make a valued contribution. This will help to support the immigration system, maintain public confidence and ensure that migration is managed for the benefit of the UK.

Details of the proposed fees are set out in a written ministerial statement by Immigration Minister Damian Green. You can find the statement, and assessments of the new fees' likely impact, in the Fees for our services section.

'This means that the unsustainable levels of net migration seen in recent years must be brought down.'

He said the government is determined to make decisions based on evidence, which is why it has just released new a research report called 'The migrant journey'.

The report analyses the behaviour of immigrants who came to the UK in 2004 through all managed routes except visitor routes. It reveals that the largest group of migrants were students, with around 186,000 granted visas. More than 20 per cent of them were still in the UK 5 years later.

The minister said:

'We need to understand more clearly why a significant proportion of students are still here more than 5 years after their arrival. And we also need a system which can scrutinise effectively, and if necessary take action against, those whose long-term presence would be of little or no economic benefit.'

He also pointed to evidence that some migrants coming in under the Tier 1 highly skilled work route are not doing specialised jobs. And he added:

'I was also struck by some of the individual applications I saw under the [Tier 2] skilled worker category: people running takeaway restaurants and production-line workers on salaries in the low £20,000s. These are not the sort of jobs we talk about when we think of bringing in skilled immigrants who have talents not available among our own workforce or the unemployed...

'We will not make Britain prosperous in the long term by telling our own workers "don't bother to learn new skills, we can bring them all in from overseas".'

The minister described planned changes to the immigration system (including an annual limit on workers from outside the European Union) may be 'controversial' but necessary:

'We absolutely need sustainable immigration levels. This will relieve pressure on public services, and stop immigration being such a delicate political issue.

• Tier 1 (General) form
• Tier 1 (Post-study Work) form
• Tier 2 form
• Tier 4 (General) form
• Tier 4 (Child) form
• PBS Dependant form

Last month the Home Office withdrew the facility to pay the application fee by cash at public enquiry offices, and the above application forms have been amended to remove all references to cash payments.

We have also made the following additional changes to the Tier 1 (General) and Tier 2 application forms.

• Tier 1 (General) - we have corrected a question number (U2)
• Tier 2 - We have changed the help text about enrolling biometric information at a post office.

You should use the new forms from now on. However, in line with paragraph 34 (I) of the Immigration Rules, the Home Office will continue to accept applications made on the previous version of the application forms up to and including 27 September 2010. Any application submitted until 27 September 2010 will be considered under the new Immigration Rules, regardless of the version of the application form used.

He will explain that the current points-based system for immigration is not yet properly controlling the numbers of people coming into the UK, and that an effective system needs to be found.

Forthcoming reviews will therefore:

• look at who is qualifying, in both the work and study categories, to ensure that the brightest and best are being attracted to the UK;
• study why those who come here on immigration routes that do not lead to settlement find it easy to change routes and settle here permanently; and
• ensure a steady downward trend on every route to long-term immigration.

The minister will also discuss a new research report published today by the Home Office. 'The migrant journey' is based on analysis of all the people who came to the UK in 2004 (except those making short-term visits). The largest group of visas were found to be for students - and, of the 186,000 students granted visas in 2004, more than 20 per cent were still in the UK 5 years later.

The number of foreign students in the UK is rising: in the year to June 2010, more than 320,000 visas were issued to students and their dependants visiting for more than 6 months. The minister believes these levels are unsustainable, and will say that this will be looked at as a priority.

Alongside this, the government will also look at work routes that lead to citizenship. In 2004, more than 105,000 migrants were granted visas in one of these work routes - and the report shows that 40 per cent of them group were still in the UK in 2009.

• you are a national of a country outside the European Economic Area and Switzerland; and
• you are in a relationship with a British citizen or a person settled here; and
• you want to apply to enter or remain in the UK as that person's husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.

The new requirement was announced on 9 June 2010.

When will the requirement be introduced?

On 26 July 2010, the Border Agency announced that the new requirement will come into force on 29 November 2010 by way of changes to the Immigration Rules.

What will you need to do?

If you are not a national of a majority English-speaking country (see below), you will need to pass an acceptable English language test with one of the approved test providers. You can find more information about these tests in the list of acceptable tests and approved test providers (PDF 144KB opens is a new window).

In the test, you will need to demonstrate a basic command of English (speaking and listening) at level A1 of the Common European Framework of Reference. This is a basic level, which is judged to require 40 to 50 hours' tuition for most learners. Someone assessed at level A1 can understand and use simple, everyday expressions and very basic phrases.

You will not need to demonstrate your reading and writing skills.

When you make your application, you will need to provide evidence that you have passed the test.

You will need to pay for your own English language test. The cost of a test will vary according to your test provider and country.

What is a majority English-speaking country?

If you are a national of a majority English-speaking country, you will meet the English language requirement automatically. You will not need to take a test.

The Border Agency consider that the following countries are majority English-speaking countries:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• the United States of America

From that date, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English, by taking an English language test with one of our approved test providers. The term 'partner' means husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or proposed civil partner.

The tests will be compulsory for people applying from within the UK, and for visa applicants from overseas.

From Monday 16 August 2010, legal representatives will be able to make the following applications using the same-day service at Croydon public enquiry office:

• applications under Tier 4 for the points-based system
• applications using application form FLR(M)

This is in addition to the types of application that can already be made using the same-day service.

To find out which application types can be made using the same-day service at our other public enquiry offices, please contact the office that you want to visit.

From today, secure English language testing will be mandatory for adult students studying below degree level (excluding those on foundation degrees or English language courses) under Tier 4 of the Points Based System.