Citation and commencement

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.

Interpretation

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 .

Requirement to pay an immigration health charge

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 charge

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 paid

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.

Payment in foreign currency

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 charge

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.

(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 charge or part of the charge ;

(b) the person must pay that 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 that 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.

(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.

Exemptions from the requirement to pay the immigration health charge

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

Reduction, waiver or refund

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

Article 4

SCHEDULE 1

Article 7

SCHEDULE 2

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

(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 entry clearance or leave to remain under Appendix V to the immigration rules ;

(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 or section 17(6) of the Children (Scotland) Act 1995 or section 74(1) of the Social Services and Well-being (Wales) Act 2014 ) 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);

(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);

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

(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 ;

(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 sub-paragraph (e), (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 a retained EU obligation .

(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.

(o) for entry clearance to enter, or leave to remain in, the United Kingdom—

(i) as a Skilled Worker , or

(ii) as the dependant of a Skilled 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 virtue of the document entitled “Health and Care visa guidance (Version 02/22)” published by the Home Office.

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

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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) who is resident in the Falkland Islands.

4. In this Schedule—

"certificate of sponsorship” means an authorisation, allocated by the Secretary of State to a sponsor and issued to a person by that sponsor, in respect of an application, or potential application, for entry clearance to enter, or leave to remain in, the United Kingdom as a sponsored worker;

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dependant” in respect of a person (“P”) means—

“immigration rules” means the rules made under section 3(2) of the Immigration Act 1971;

“main applicant” means the person who has made an application in connection with immigration, as distinct from a person applying as the dependant of such a person;

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“ 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;

“sponsor” means a person licensed by the Secretary of State to issue certificates of sponsorship;

“sponsored worker” means a person seeking entry clearance to enter, or leave to remain in, the United Kingdom for the purposes of employment (whether paid or unpaid) or some other economic activity, where that person is required by the immigration rules to obtain a certificate of sponsorship;

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