Statutory Instruments
2022 No. 1391
Immigration
The Immigration Skills Charge (Amendment) Regulations 2022
Made
20th December 2022
Coming into force
1st January 2023
The Secretary of State makes these Regulations with the consent of the Treasury in exercise of the powers conferred by sections 70A and 74(8) of the Immigration Act 2014( 1 ).
In accordance with section 74(2)(ja)( 2 ) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Immigration Skills Charge (Amendment) Regulations 2022 and come into force on 1st January 2023.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Amendment to the Immigration Skills Charge Regulations 2017
2. —(1)The Immigration Skills Charge Regulations 2017( 3 ) are amended as follows.
(2) In regulation 4 (exemptions from the charge), after paragraph (f) insert—
“ (g) who is intended to be a Scale-up Worker, within the meaning given by paragraph 6 of the immigration rules ( 4 ) ;
(h) who is intended to be:
(i ) a Senior or Specialist Worker, within the meaning given by paragraph 6 of the immigration rules; and
(ii ) the subject of an intra-corporate transfer for a period of no more than 36 months as an intra-corporate transferee, as defined by Article 140(5)(d) to (g) of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part. ” .
Robert Jenrick
Minister of State
Home Office
20th December 2022
We consent
Nigel Huddleston
Amanda Solloway
Two of the Lords Commissioners of His Majesty’s Treasury
20th December 2022
2014 c. 22 . Consent of the Treasury is required by section 70A(5). Section 70A was inserted by section 85(2) of the Immigration Act 2016 (c. 19) .
Sub-paragraph (ja) was inserted by section 85(3) of the Immigration Act 2016.
S.I. 2017/499 , amended by S.I. 2020/1208 .
“Immigration rules” is defined in regulation 2 of the Immigration Skills Charge Regulations 2017.