The Immigration (Health Charge) Order 2015

Article 7

SCHEDULE 2U.K.

This schedule has no associated Explanatory Memorandum

1.  A person is exempt from paying a charge under article 3 where the person makes an application—U.K.

(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 [F1entry clearance or leave to remain] under [F2Appendix V to the immigration rules];

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 1989 M1 or section 17(6) of the Children (Scotland) Act 1995 M2 or section 74(1) of the Social Services and Well-being (Wales) Act 2014 M3) or where the child is being looked after by an authority (within the meaning of article 25(1) of the Children (Northern Ireland) Order 1995 M4);

(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 1998 M5);

[F4(g)for leave to remain for a Trafficking Convention reason, or under paragraph 159I of the immigration rules as a domestic worker who is the victim of slavery or human trafficking, where the applicant has received a positive conclusive grounds decision from a competent authority;]

(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 2013 M6;

(i)for entry clearance or leave to remain as the dependant of a person who makes an application of a type mentioned in [F5sub-paragraph (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 1972 M7).

Textual Amendments

F1Words in Sch. 2 para. 1(b) substituted (6.4.2017) by The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 3(2) (with art. 4)

F3Sch. 2 para. 1(c) omitted (6.4.2017) by virtue of The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 3(3) (with art. 4)

F5Words in Sch. 2 para. 1(i) substituted (6.4.2017) by The Immigration (Health Charge) (Amendment) Order 2017 (S.I. 2017/420), arts. 1(2), 3(5) (with art. 4)

Marginal Citations

M32014 anaw 4.

M6The policy is published at

https://www.gov.uk/government/publications/application-for-benefits-for-visa-holder-domestic-violence. A copy is also available on request from the Home Office.

F62.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

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 2002 M8) who is resident in the Falkland Islands.U.K.

Marginal Citations

[F74.  In this Schedule—U.K.

“competent authority” means a designated competent authority of the United Kingdom for the purposes of the Trafficking Convention;

“positive conclusive grounds decision” means a decision made by a competent authority that the applicant is either—

(a)

a victim of human trafficking, or

(b)

a victim of slavery, servitude or forced or compulsory labour;

“Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings;

“Trafficking Convention reason” means a reason, in accordance with the United Kingdom’s obligations under the Trafficking Convention, that the applicant’s stay in the United Kingdom is necessary—

(a)

because of the applicant’s personal situation,

(b)

because the applicant is co-operating with a police investigation or criminal proceedings, or

(c)

in order to pursue a claim for compensation against the applicant’s trafficker or modern slavery facilitator.]

Textual Amendments