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(fa)for leave to remain by virtue of Appendix Domestic Worker who is a Victim of Modern Slavery to the immigration rules;]
[F5(g)for leave to remain by virtue of Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules;]
(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;
[F6(ha)for leave to remain by virtue of Appendix Statelessness to the immigration rules;]
(i)for entry clearance or leave to remain as the dependant of a person who makes an application of a type mentioned in [F7sub-paragraph (e), [F8(f) 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 [F9a retained EU obligation].
[F10(m)for entry clearance under any immigration rules which are identified in the immigration rules as having effect in connection with the granting of entry clearance for the purposes of acquiring leave to enter or remain in the United Kingdom by virtue of Appendix EU to the immigration rules;
(n)for leave to remain by virtue of Appendix EU to the immigration rules.]
[F11(o)for entry clearance to enter, or leave to remain in, the United Kingdom—
(i)as a [F12Skilled Worker], or
(ii)as the dependant of a [F12Skilled Worker] (whether or not the application is made at the same time as that of the main applicant),
where the certificate of sponsorship issued in respect of the application by the main applicant confirms the main applicant’s eligibility for a Health and Care Visa provided for by [F13virtue of the document entitled “Health and Care visa guidance (Version 02/22)”] published by the Home Office.]
[F14(p)for entry clearance to enter or leave to remain by virtue of Appendix Ukraine Scheme to the immigration rules.]
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)
F2Words in Sch. 2 para. 1(b) substituted (6.4.2016) by The Immigration (Health Charge) (Amendment) Order 2016 (S.I. 2016/400), arts. 1(1), 3(2)
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)
F4Sch. 2 para. 1(fa) inserted (6.2.2024) by The Immigration (Health Charge) (Amendment) Order 2024 (S.I. 2024/55), arts. 1(2), 3(2)(a) (with art. 4)
F5Sch. 2 para. 1(g) substituted (6.2.2024) by The Immigration (Health Charge) (Amendment) Order 2024 (S.I. 2024/55), arts. 1(2), 3(2)(b) (with art. 4)
F6Sch. 2 para. 1(ha) inserted (6.2.2024) by The Immigration (Health Charge) (Amendment) Order 2024 (S.I. 2024/55), arts. 1(2), 3(2)(c) (with art. 4)
F7Words 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)
F8Words in Sch. 2 para. 1(i) substituted (6.2.2024) by The Immigration (Health Charge) (Amendment) Order 2024 (S.I. 2024/55), arts. 1(2), 3(2)(d) (with art. 4)
F9Words in Sch. 2 para. 1(l) substituted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), 41; 2020 c. 1, Sch. 5 para. 1(1)
F10Sch. 2 para. 1(m)(n) inserted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 10
F11Sch. 2 para. 1(o) inserted (27.10.2020) by The Immigration (Health Charge) (Amendment) Order 2020 (S.I. 2020/1086), arts. 1(1), 2(3)(a) (with art. 3)
F12Words in Sch. 2 para. 1(o) substituted (6.2.2024) by The Immigration (Health Charge) (Amendment) Order 2024 (S.I. 2024/55), arts. 1(2), 3(2)(e)(i) (with art. 4)
F13Words in Sch. 2 para. 1(o) substituted (6.2.2024) by The Immigration (Health Charge) (Amendment) Order 2024 (S.I. 2024/55), arts. 1(2), 3(2)(e)(ii) (with art. 4)
F14Sch. 2 para. 1(p) inserted (6.2.2024) by The Immigration (Health Charge) (Amendment) Order 2024 (S.I. 2024/55), arts. 1(2), 3(2)(f) (with art. 4)
Marginal Citations
M11989 c. 41. Section 22(1) has been amended by the Local Government Act 2000 (c. 22), section 107 and Schedule 5, paragraph 19; the Children (Leaving Care) Act 2000 (c. 35), section 2(1) and (2); the Adoption and Children Act 2002 (c. 38), section 116(2).
M21995 c. 36. Section 17(6) has been amended by the Adoption and Children (Scotland) Act 2007 (asp 4), Schedule 2, paragraph 9(4)(b), by the Children's Hearings (Scotland) Act 2011 (asp 1), Schedule 5, paragraph 2(4) and by S.S.I. 2013/211.
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.