2015 No. 792
The Immigration (Health Charge) Order 2015
Made
Coming into force
The Secretary of State makes the following Order in exercise of the powers conferred by sections 38 and 74(8) of the Immigration Act 20141. In accordance with section 38(4) of that Act, in specifying the amount of the charge under section 38(3)(b) of the Act, the Secretary of State has (among other matters) had regard to the range of health services which are likely to be available to persons who have been given immigration permission.
In accordance with section 74(2) of the Immigration Act 2014 a draft of this Order was laid before and approved by a resolution of each House of Parliament.
Citation and commencement1
This Order may be cited as the Immigration (Health Charge) Order 2015 and comes into force 21 days after the day on which it is made.
Interpretation2
In this Order—
“the 2014 Act” means the Immigration Act 2014;
“entry clearance officer” means a person entitled under the immigration rules to grant or refuse entry clearance;
“immigration rules” means rules made under section 3(2) of the Immigration Act 19712.
Requirement to pay an immigration health charge3
1
A person who applies for—
a
entry clearance of a type mentioned in section 38(2)(b) or (c) of the 2014 Act, or
b
leave to remain in the United Kingdom for a limited period,
must pay a charge to the Secretary of State, subject to article 7.
2
A person is required by paragraph (1) to pay a separate charge in respect of each application made by the person.
Amount of the charge4
1
The table in Schedule 1 to this Order provides for the annual amount (“the specified annual amount”) which must be paid in respect of each type of application specified in that table.
2
The total amount of the charge which a person is required to pay in respect of each application by virtue of article 3 is to be calculated in accordance with paragraphs (3) to (6).
3
Where a person applies for entry clearance under a paragraph of the immigration rules, the person must pay the specified annual amount for each year of the maximum period of leave to enter the United Kingdom which could—
a
have effect upon the person’s arrival in the United Kingdom by virtue of provision made under section 3A(3) of the Immigration Act 1971, or
b
be granted pursuant to the entry clearance,
if the entry clearance is granted for the maximum period provided for under the immigration rules in respect of that paragraph.
4
Where a person applies for leave to remain for a limited period under a paragraph of the immigration rules, the person must pay the specified annual amount for each year of the maximum period of leave to remain which could be granted pursuant to the application under the immigration rules in respect of that paragraph.
5
Where a person applies for entry clearance or leave to remain outside the immigration rules, the person must pay the specified annual amount multiplied by 2.5.
6
Where the maximum period of leave to enter or remain mentioned in paragraph (3) or (4) would be less than a year or would include part of a year, if the part year is—
a
6 months or less, the amount payable for that part is half of the specified annual amount;
b
more than 6 months, the amount payable for that part is the specified annual amount.
When a charge must be paid5
1
A person required by article 3 to pay a charge must pay the amount required when the person applies for entry clearance or leave to remain, as applicable.
2
A charge is only paid as required by paragraph (1) where the person does not cancel or otherwise reclaim that payment subsequently, and provided the charge has not been wholly refunded under article 8.
Consequences of a failure to pay a charge6
1
Where a person required by article 3 to pay a charge fails to pay the required amount in accordance with article 5, and the entry clearance or leave to remain, as applicable, has not yet been granted or refused, subject to paragraph (2)—
a
an entry clearance officer or the Secretary of State, as applicable, may request that the person pays the outstanding charge;
b
the person must pay the outstanding charge—
i
in the case of an application for entry clearance, within 7 working days beginning with the date when the request for the payment under sub-paragraph (a) is sent in writing or made by telephone or in person, or
ii
in the case of an application for leave to remain, within 10 working days beginning with the date when the request for the payment under sub-paragraph (a) is sent in writing or made by telephone or in person;
c
if the outstanding charge is not paid within the time period mentioned in—
i
sub-paragraph (b)(i), the application for entry clearance must be refused by an entry clearance officer, or
ii
sub-paragraph (b)(ii), the application for leave to remain must be treated as invalid by the Secretary of State,
as applicable.
2
Where a person makes an application for entry clearance or leave to remain and, before the application has been granted or refused, cancels or otherwise reclaims the amount of the charge, the application for entry clearance or leave to remain, as applicable, must be refused by the entry clearance officer or the Secretary of State.
3
Where a person has been granted entry clearance or leave to remain, as applicable, but cancels or otherwise reclaims the amount of the charge—
a
any entry clearance granted must be revoked by an entry clearance officer;
b
any leave to enter conferred or granted pursuant to an entry clearance must be cancelled by an immigration officer (appointed under paragraph 1(1) of Schedule 2 to the Immigration Act 1971); and
c
any leave to remain granted must be cancelled by the Secretary of State.
4
Paragraph (5) applies where—
a
a person has been refused entry clearance or leave to remain,
b
the Secretary of State has refunded the total amount of the charge under article 8, and
c
the refusal is subsequently found to be unlawful by a competent court or tribunal.
5
Where this paragraph applies—
a
the entry clearance officer or the Secretary of State, as applicable, may request that the person pays the charge;
b
the person must pay the charge within 10 working days beginning with the date when the request for payment under sub-paragraph (a) is sent in writing or made by telephone or in person;
c
if the charge is not paid within the period mentioned in sub-paragraph (b), the application for entry clearance or leave to remain must be refused by the entry clearance officer or the Secretary of State, as applicable.
Exemptions from the requirement to pay the immigration health charge7
Schedule 2, which provides for circumstances when a person is exempt from paying the charge under article 3, has effect.
Reduction, waiver or refund8
The Secretary of State has discretion to reduce, waive or refund all or part of a charge.
SCHEDULE 1
Type of application | Annual amount |
---|---|
Application for entry clearance or leave to remain as a student, in accordance with the immigration rules. | £150 |
Application for entry clearance or leave to remain as the dependant of a student, in accordance with the immigration rules. | £150 |
All other applications for entry clearance or leave to remain. | £200 |
SCHEDULE 2
1
A person is exempt from paying a charge under article 3 where the person makes an application—
a
for entry clearance where, if granted in accordance with the immigration rules, the entry clearance would have effect on arrival in the United Kingdom as leave to enter for 6 months or less, or where the leave to enter which may be granted pursuant to that entry clearance would be for 6 months or less if granted in accordance with the immigration rules;
b
for entry clearance under Part 2 of the immigration rules;
c
for entry clearance or leave to remain under paragraphs 245G to 245GE of the immigration rules (Tier 2 Intra-company Transfer Migrants);
d
for leave to remain of any kind made by a child under the age of 18 years where the child is being looked after by a local authority (within the meaning of section 22(1) of the Children Act 19893 or section 17(6) of the Children (Scotland) Act 19954 or section 74(1) of the Social Services and Well-being (Wales) Act 20145) or where the child is being looked after by an authority (within the meaning of article 25(1) of the Children (Northern Ireland) Order 19956);
e
for leave to remain which relates to a claim for asylum or humanitarian protection to be considered in accordance with Part 11 of the immigration rules;
f
for leave to remain which relates to a claim that the person’s removal from the United Kingdom would be contrary to the United Kingdom’s obligations under article 3 of the Convention (within the meaning of section 21(1) of the Human Rights Act 19987);
g
for leave to remain which relates to the person’s identification as a victim of human trafficking in accordance with the United Kingdom’s obligations under the Council of Europe Convention on Action against Trafficking in Human Beings8;
h
for leave to remain outside the immigration rules with access to public funds under the Home Office policy known as the “Destitution Domestic Violence Concession” published on 2nd December 20139;
i
for entry clearance or leave to remain as the dependant of a person who makes an application of a type mentioned in sub-paragraph (c), (e), (f), (g) or (h);
j
for entry clearance or leave to remain as the dependant of a member of Her Majesty’s forces under the immigration rules;
k
for entry clearance or leave to remain as the dependant of a member of a force who is exempt from immigration control under section 8(4)(b) or (c) of the Immigration Act 1971, under the immigration rules;
l
for entry clearance or leave to remain where provision for such entry clearance or leave has been made pursuant to an EU obligation (within the meaning of Part 2 of Schedule 1 to the European Communities Act 197210).
2
A person is exempt from paying the charge where the person is a national of—
a
Australia; or
b
New Zealand.
3
A person is exempt from paying the charge where the person is a British Overseas Territory citizen (within the meaning of section 2(1) of the British Overseas Territories Act 200211) who is resident in the Falkland Islands.
(This note is not part of the Order)