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The Immigration (Health Charge) Order 2015

Consolidated Text As Enacted Cited authorities 34 Cited in Amendments 6 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2015/792
Year2015
  • 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.
  • In this Order—
    • entry clearance of a type mentioned in section 38(2) (b) or (c) of the 2014 Act, orleave to remain in the United Kingdom for a limited period,(2) A person is required by paragraph (1) to pay a separate charge in respect of each application made by the person.(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) .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, orbe granted pursuant to the entry clearance,(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 months or less, the amount payable for that part is half of the specified annual amount;more than 6 months, the amount payable for that part is the specified annual amount.(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.
  • 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
    • an entry clearance officer or the Secretary of State, as applicable, may request that the person pays the outstanding charge;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, orin 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;sub-paragraph (b) (i) , the application for entry clearance must be refused by an entry clearance officer, orsub-paragraph (b) (ii) , the application for leave to remain must be treated as invalid by the Secretary of State,(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.any entry clearance granted must be revoked by an entry clearance officer;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) ; andany leave to remain granted must be cancelled by the Secretary of State.a person has been refused entry clearance or leave to remain;a condition in paragraph (4A) is met; anda condition in paragraph (4B) is met.the Secretary of State has refunded all or part of the amount of the charge under article 8;the Secretary of State has waived payment of all or part of the charge under article 8;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) .withdrawn because of a case working error under Appendix AR of the immigration rules or otherwise by the Secretary of State;found to be unlawful by a competent court or tribunal.the entry clearance officer or the Secretary of State, as applicable, may request that the person pays the F14charge or part of the charge;the person must pay F15that 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;if F16that 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.a person has applied for entry clearance or leave to remain for a particular period;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”) ;the Secretary of State has refunded all or part of the charge under article 8; andthe 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”) .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”) ;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;if the additional amount is not paid within the period mentioned in sub-paragraph (b) , the

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