The Immigration (Health Charge) Order 2015

Consequences of a failure to pay a charge U.K.

6.—(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.

[F1 (4) Paragraph (5) applies where—

(a) a person has been refused entry clearance or leave to remain;

(b) a condition in paragraph (4A) is met; and

(c) a condition in paragraph (4B) is met.

(4A) The conditions are that—

(a) the Secretary of State has refunded all or part of the amount of the charge under article 8;

(b) the Secretary of State has waived payment of all or part of the charge under article 8;

(c) an entry clearance officer or the Secretary of State, as applicable, did not, in respect of a person required by article 3 to pay a charge but who did not do so, request that the person pay that charge under article 6(1)(a).

(4B) The conditions are that the decision to refuse entry clearance or leave to remain is subsequently—

(a) withdrawn because of a case working error under Appendix AR of the immigration rules or otherwise by the Secretary of State;

(b) 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 [F2 charge or part of the charge];

(b) the person must pay [F3 that amount] 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 [F4 that amount] 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.

[F5 (6) Paragraph (7) applies where—

(a) a person has applied for entry clearance or leave to remain for a particular period;

(b) entry clearance or leave to remain is granted for a shorter period than that for which the application was made (“the reduced period of leave”);

(c) the Secretary of State has refunded all or part of the charge under article 8; and

(d) the Secretary of State or a competent court or tribunal subsequently determines that entry clearance or leave to remain for a longer period than the reduced period of leave is to be granted (“the additional period of leave”).

(7) Where this paragraph applies—

(a) an entry clearance officer or the Secretary of State, as applicable, may request that the person pays the amount of the charge for the additional period of leave calculated in accordance with article 4 (“the additional amount”);

(b) the person must pay the additional amount 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 additional amount is not paid within the period mentioned in sub-paragraph (b), the additional period of leave must not be granted.]

Textual Amendments

F1 Art. 6(4)-(4B) substituted for art. 6(4) (6.4.2017) by The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 2(2) (with art. 4)

F2 Words in art. 6(5)(a) substituted (6.4.2017) by The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 2(3)(a) (with art. 4)

F3 Words in art. 6(5)(b) substituted (6.4.2017) by The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 2(3)(b) (with art. 4)

F4 Words in art. 6(5)(c) substituted (6.4.2017) by The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 2(3)(b) (with art. 4)

F5 Art. 6(6)(7) inserted (6.4.2017) by The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 2(4) (with art. 4)