Thank You for Your Request for Information Aboutthe Council of Europe Social Charter (CESC)

Dear Vitaliy

Thank you for your request for information aboutthe Council of Europe Social Charter (CESC) and the increase in the fee for indefinite leave to remain SET (O) applications. The UK Border Agency increased the fees for these applications on the 06 April 2009. The increase was implemented because it supported the wider charging policy that those who benefit directly from UKBorder Agency services should contribute to the cost of providing those services and this contribution should not just come from the general UK taxpayer.The increase in the CESC fees reflected this policy. The increases are completely in line with the UK’s legal obligations under the Council of Europe Social Charter.

From 6 April 2009, nationals of Croatia, Macedonia and Turkey, (these being countries that have ratified the 1961 Council of Europe Social Charter) have paid a reduced application fee.While nationals of Albania, Andorra, Armenia, Azerbaijan, Georgia, Moldova and Ukraine which are countries that have ratified the 1996 Revised Social Charter (but not the 1961 Social Charter)have paid the full application fee.

The UK Border Agency did not reduce fees for nationals of countries who have ratified the 1996 Council of Europe Revised Social Charter because they are not bound by the provisions of the Treaty until ratification. These country nationals now pay the full standard rate fee for an application which is set at a reasonable level. The UK Border Agency did not increase fees above the amount paid by other nationalities making the same applications.

Should the UK ever decide to ratify the Revised Social Charter, our actions in increasing the fees are reversible and do not defeat any future obligations under this Treaty.

The UK does not consider itself bound by this Treaty when legislating in other areas. For example, nationals of states that are parties to the Revised Social Charter, but are not subject to the Social Charter of 1961, would not be exempt from the rules barring those subject to immigration control from claiming social assistance.

I can confirm removing these countries which have ratified the 1966 European Social Charter from the list of countries that benefit from an exempted/ reduced application fee is legal in accordance with this Charter. The UK Border Agency believe this removal is reasonable and fair and think it right that the fees are charged to users of the system who benefit from the services and entitlements which we offer.

The charging system must balance the interests of those who use the system, in terms of the price paid for consideration of their application and the interests of the general UK taxpayer, who will continue to support the immigration system that brings benefits and enrichment to this country.

Yours sincerely

Yvonne Lyall

Policy support and Correspondence manager