Immigration Act 2014

[F1 70A Immigration skills charge U.K.

(1) The Secretary of State may by regulations provide for a charge to be imposed on—

(a) persons who make immigration skills arrangements, or

(b) any description of such persons.

(2) “Immigration skills arrangements” are arrangements made by a person (“the sponsor”) with the Secretary of State with a view to securing that an individual who is not exempt for the purposes of this section is granted entry clearance or leave to remain in the United Kingdom to enable the individual to work for the sponsor in the United Kingdom.

(3) Regulations under this section may in particular—

(a) impose a separate charge on a sponsor in respect of each individual in relation to whom the sponsor makes immigration skills arrangements;

(b) specify the amount of any charge (and different amounts may be specified for different purposes);

(c) make provision about when or how a charge may or must be paid to the Secretary of State;

(d) make provision about the consequences of a sponsor failing to pay a charge;

(e) provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise).

(4) Sums paid by virtue of regulations under this section must—

(a) be paid into the Consolidated Fund, or

(b) be applied in such other way as the regulations may specify.

(5) Regulations under this section may be made only with the consent of the Treasury.

(6) An individual is exempt for the purposes of this section if he or she is—

(a) a British citizen;

[F2 (aa) an Irish citizen;]

[F3 (b) a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules.]

F4 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971 [F5 and “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020].]

Textual Amendments

F1 S. 70A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(2), 94(4)

F2 S. 70A(6)(aa) inserted (1.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), 20(7)(a)(i) (with reg. 20(8))

F3 S. 70A(6)(b) substituted (1.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), 20(7)(a)(ii) (with reg. 20(8))

F4 S. 70A(6)(c)(d) omitted (1.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), 20(7)(a)(iii) (with reg. 20(8))

F5 Words in s. 70A(7) inserted (1.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), 20(7)(b) (with reg. 20(8))