The Immigration (Health Charge) Order 2015

Policy effect

Requires non-EEA nationals applying for limited entry clearance or leave to remain in the UK to pay an immigration health charge as a prerequisite for a valid application and grant of leave.

Conditions and exceptions

Validated condition or limit: Requires non-EEA nationals applying for limited entry clearance or leave to remain in the UK to pay an immigration health charge as a prerequisite for a valid application and grant of leave.

Official source excerpt

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

… 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(2). 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. … 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. 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 …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2015

• 2015-02-12Counter-Terrorism and Security Act 2015
• 2015-03-02Restricted appeal regime extended to Tier 1, Tier 2 and Tier 5 applicants
• 2015-04-06The Immigration (European Economic Area) (Amendment) Regulations 2015
• 2015-08-10The Asylum Support (Amendment No. 3) Regulations 2015
• 2015-10-15Introduction of leave to remain for domestic workers who are victims of modern slavery or human trafficking