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Australian and New Zealand nationality exemption from immigration health charge removed

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited Kingdom
Operative dateApril 6, 2016
CategoryFees and financial requirements
Policy toolImmigration health surcharge
Affected groupAustralian and new zealand nationals making otherwise chargeable applications for limited permission

Policy effect

From April 6, 2016, article 3(3) of S.I.2016/400 removed the Australian/New Zealand nationality exemption in paragraph 2 of Schedule 2 to the Immigration (Health Charge) Order 2015. Nationals applying within the chargeable scope for limited permission became liable unless another exemption or discretionary reduction/waiver applied. The annual amount was £150 for students and student dependants; the simultaneous new Youth Mobility Scheme entry-clearance tariff was also £150, so previously nationality-exempt Australian/New Zealand YMS applicants moved from exemption to a £150 annual amount. The residual annual tariff was £200. This record counts loss of the nationality exemption, not a tariff reduction for these previously exempt applicants. The charge remained application-based, calculated under article 4 by the maximum period of permission, including its half-year rounding rules, and payable when applying. The Secretary of State retained discretion to reduce, waive or refund all or part under article 8. Other Schedule 2 exemptions remained applicable: specified short entry-clearance applications, visitors (with the reference updated to Appendix V), Tier 2 intra-company transfers, looked-after children, specified asylum/humanitarian-protection, Article 3, trafficking and destitution-domestic-violence applications, their specified dependants, specified armed-forces dependants, applications pursuant to EU obligations, and qualifying British Overseas Territory citizens resident in the Falkland Islands. This does not make the charge payable by every national or every visitor.

Conditions and exceptions

Validated condition or limit: Nationals applying within the chargeable scope for limited permission became liable unless another exemption or discretionary reduction/waiver applied.; the simultaneous new Youth Mobility Scheme entry-clearance tariff was also £150, so previously nationality-exempt Australian/New Zealand YMS applicants moved from exemption to a £150 annual amount.; This record counts loss of the nationality exemption, not a tariff reduction for these previously exempt applicants.; The charge remained application-based, calculated under article 4 by the maximum period of permission, including its half-year rounding rules, and payable when applying.; Other Schedule 2 exemptions remained applicable: specified short entry-clearance applications, visitors (with the reference updated to Appendix V), Tier 2 intra-company transfers, looked-after children, specified asylum/humanitarian-protection, Article 3,…

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

The Immigration (Health Charge) (Amendment) Order 2016 Skip to main content Skip to navigation legislation.gov.ukhttps://www.nationalarchives.gov.uk Cymraeg Home Explore our collections Research tools Help and guidance What's new About us Search Legislation Search Legislation Title: (or keywords in the title) Year: Number: Type:All UK Legislation (excluding originating from the EU)--------------------------------------------All Legislation (including originating from EU)--------------------------------------------All Legislation originating from the EU that is amended by the UK--------------------------------------------All Primary Legislation UK Public General Acts UK Local Acts UK Private and Personal Acts Acts of the Scottish Parliament Acts of Senedd Cymru Acts of the National Assembly for Wales Measures of the National Assembly for Wales Church Measures Acts of the Northern Ireland Assembly Acts of the Old Scottish Parliament Acts of the English Parliament Acts of the Old Irish Parliament Acts of the Parliament of Great Britain Local Acts of the Parliament of Great Britain Private and Personal Acts of the Parliament of Great Britain Northern Ireland Orders in Council Measures of the Northern Ireland Assembly Acts of the Northern Ireland Parliament--------------------------------------------All Secondary Legislation UK Statutory Instruments Welsh Statutory Instruments Scottish Statutory Instruments Northern Ireland Statutory Rules Church Instruments UK Ministerial Directions UK Ministerial Orders UK Statutory Rules and Orders Northern Ireland Statutory Rules and Orders--------------------------------------------All Legislation originating from the EU Regulations originating from the EU Regulations originating from the EU that are amended by the UK Decisions originating from the EU Decisions originating from the EU that are amended by the UK Directives originating from the EU European Union Treaties--------------------------------------------All Draft Legislation UK Draft Statutory Instruments Scottish Draft Statutory Instruments Northern Ireland Draft Statutory Rules--------------------------------------------All Impact Assessments UK Impact Assessments Search Advanced Search The Immigration (Health Charge) (Amendment) Order 2016 You are here: UK Statutory Instruments 2016 No. 400 Whole Instrument Table of Contents Content Explanatory Memorandum Impact Assessments More Resources Previous Next Plain View Print Options What Version Latest available (Revised) Original (As made) Opening Options Open whole Instrument More Resources Original: King's Printer Version View more Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. Statutory Instruments 2016 No. 400 Immigration The Immigration (Health Charge) (Amendment) Order 2016 Made 16th March 2016 Coming into force 6th April 2016 The Secretary of State makes the following Order in exercise of the powers conferred by sections 38(1) and (3) and 74(8) of the Immigration Act 2014(1). In accordance with section 38(4) of that Act, in specifying the amount of the charge under section 38(3)(b) of the Act, the Secretary of State has (among other matters) had regard to the range of health services that are likely to be available free of charge to persons who have been given immigration permission. In accordance with section 74(2) of the Immigration Act 2014, a draft of this Order was laid before and approved by a resolution of each House of Parliament. Citation, commencement and interpretation 1.—(1) This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2016 and comes into force at the end of the period of 21 days beginning with the day on which it is made. (2) In this Order, “the Principal Order” means the Immigration (Health Charge) Order 2015(2). Amendment to Schedule 1 to the Principal Order 2.—(1) Schedule 1 to the Principal Order is amended as follows. (2) In the table, before the entry for all other applications for entry clearance or leave to remain insert— “Application for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant in accordance with the immigration rules.£150” Amendments to Schedule 2 to the Principal Order 3.—(1) Schedule 2 to the Principal Order is amended as follows. (2) In paragraph 1(b), for “Part 2 of the immigration rules” substitute “Appendix V to the immigration rules”. (3) Omit paragraph 2. James Brokenshire Minister of State Home Office 16th March 2016 EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Immigration (Health Charge) Order 2015 (S.I. 2015/792) (“the Principal Order”) which requires a person who applies for entry clearance for a limited period, or for limited leave to remain in the United Kingdom, to pay an immigration health charge. Schedule 1 to the Principal Order sets out the annual amount of the charge which is payable and Schedule 2 contains a number of exemptions from the obligation to pay the charge. Article 2 amends Schedule 1 to the Principal Order to provide that those applying under the immigration rules for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant will be required to pay the immigration health charge at an annual amount of £150, instead of £200 which is the current amount payable by such an applicant who is not within one of the exemptions in the Principal Order. An applicant from Australia or New Zealand who is currently exempt will, as a result of Article 3, be required to pay an annual amount of £150. Article 3 amends Schedule 2 to the Principal Order to update the reference to the immigration rules relating to visitors and remove the exemption from paying the immigration health charge which applies to a national of Australia or New Zealand. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum …
UK LegislationS.I.2016/400 articles1–3 and explanatory note; S.I.2015/792 articles3–8 and Schedules1–2Open official source
Retrieved from https://legislation.gov.uk/uksi/2016/400/made

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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Other United Kingdom changes operative in 2016