The Immigration (Health Charge) (Amendment) Order 2024

Amendments to Schedule 2 to the Principal Order

3.—(1) Schedule 2 to the Principal Order (exemptions from paying a charge) is amended as follows.

(2) In paragraph 1 (exemptions)—

(a) after sub-paragraph (f), insert—

“(fa) for leave to remain by virtue of Appendix Domestic Worker who is a Victim of Modern Slavery to the immigration rules(1);”;

(b) for sub-paragraph (g), substitute—

“(g) for leave to remain by virtue of Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules(2);”;

(c) after paragraph (h), insert—

“(ha) for leave to remain by virtue of Appendix Statelessness to the immigration rules(3);”;

(d) in sub-paragraph (i), for “(f), (g) or (h)” substitute “(f) or (h)”;

(e) in sub-paragraph (o)—

(i) for “Tier 2 (General) Migrant”, in both places it occurs, substitute “Skilled Worker”;

(ii) for “Part A of the document entitled “Tier 2 of the Points Based System – Policy Guidance (Version 07/20)”” substitute “virtue of the document entitled “Health and Care visa guidance (Version 02/22)(4)””;

(f) after sub-paragraph (o) insert—

“(p) for entry clearance to enter or leave to remain by virtue of Appendix Ukraine Scheme to the immigration rules(5).”.

(3) In paragraph 4 (interpretation)—

(a) omit the following definitions—

(i) “competent authority”;

(ii) “positive conclusive grounds decision”;

(iii) “Tier 2 (General) Migrant”;

(iv) “Trafficking Convention”;

(v) “Trafficking Convention reason”;

(b) at the appropriate place, insert—

““Skilled Worker” means a person who applies for, or who has been granted, entry clearance to enter or leave to remain as a main applicant under Appendix Skilled Worker to the immigration rules;”.

(1)

Immigration Rules Appendix Domestic Worker who is a Victim of Modern Slavery is published at https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-domestic-worker-who-is-a-victim-of-modern-slavery. A copy is also available on request from the Home Office.

(2)

Immigration Rules Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery is published at https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-temporary-permission-to-stay-for-victims-of-human-trafficking-or-slavery. A copy is also available on request from the Home Office.

(3)

Immigration Rules Appendix Statelessness was laid before Parliament on 7th December 2023 in a Home Office Statement of Changes (HC 246). HC 246 is published at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-246-7-december-2023 A copy is also available on request from the Home Office.

(4)

The policy is published at https://www.gov.uk/government/publications/health-and-care-visa-guidance-for-applicants/health-and-care-visa-guidance-accessible. A copy is also available on request from the Home Office.

(5)

Immigration Rules Appendix Ukraine Scheme is published at https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-ukraine-scheme. A copy is also available on request from the Home Office.