Search Legislation

The Immigration (Health Charge) Order 2015

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: The Immigration (Health Charge) Order 2015 (without Schedules)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Immigration (Health Charge) Order 2015. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Citation and commencementU.K.

1.  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.

InterpretationU.K.

2.  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 1971 M1.

Marginal Citations

Requirement to pay an immigration health chargeU.K.

3.—(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 chargeU.K.

4.—(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 paidU.K.

5.—(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.

[F1Payment in foreign currencyU.K.

5A.  Where a person seeks to pay a charge required under article 3 of this Order in a currency other than sterling (“the foreign currency”), the charge payable in the foreign currency is determined by reference to the Home Office Exchange Rate Policy applying on the date that the payment is made.]

Consequences of a failure to pay a chargeU.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.

[F2(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 [F3charge or part of the charge];

(b)the person must pay [F4that 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 [F5that 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.

[F6(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

F2Art. 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)

Exemptions from the requirement to pay the immigration health chargeU.K.

7.  Schedule 2, which provides for circumstances when a person is exempt from paying the charge under article 3, has effect.

Reduction, waiver or refundU.K.

8.  The Secretary of State has discretion to reduce, waive or refund all or part of a charge.

James Brokenshire

Minister of State

Home Office

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources