The Immigration (Health Charge) (Amendment) Order 2020

Amendments to the Principal Order

2.—(1) The Principal Order is amended as follows.

(2) In Schedule 1 (amount of the charge), in the second column of the table (annual amount)—

(a) in the entry “Application for entry clearance or leave to remain as a student, in accordance with the immigration rules”, for “£300” substitute “£470”;

(b) in the entry “Application for entry clearance or leave to remain as the dependant of a student, in accordance with the immigration rules”, for “£300” substitute “£470”;

(c) in the entry “Application for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant in accordance with the immigration rules”, for “£300” substitute “£470”;

(d) for the entry “All other applications for entry clearance or leave to remain”, substitute—

“All other applications for entry clearance or leave to remain, made in respect of a person aged 18 years or over at the date of the application. All other applications for entry clearance or leave to remain, made in respect of a person aged under 18 years at the date of the application (whether that person is the applicant or the dependant of the applicant).

£624 £470”.

(3) In Schedule 2 (exemptions from the requirement to pay the immigration health charge)—

(a) in paragraph 1, after sub-paragraph (n), insert—

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

(i) as a Tier 2 (General) Migrant, or

(ii) as the dependant of a Tier 2 (General) Migrant (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 Part A of the document entitled “Tier 2 of the Points Based System – Policy Guidance (Version 07/20)” published by the Home Office(1).”;

(b) in paragraph 4, at the appropriate places, insert—

“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;”;

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

(i)

the spouse or civil partner of P;

(ii)

someone who has been living with P in a relationship akin to a marriage or civil partnership for at least two years; or

(iii)

any other person whose entitlement to make an application referred to in this Order arises by virtue of a connection between that person and P;”;

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

““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;”;

““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;”;

““Tier 2 (General) Migrant” has the meaning given by paragraph 6 of the immigration rules;”.

(1)

“Tier 2 of the Points Based System – Policy Guidance” (Version 07/20) is accessible via https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-2-worker. A hard copy can also be obtained free of charge by writing to Home Office, Fees and Income Planning Team, 8th Floor, Southern House, Wellesley Grove, Croydon, CR0 1XG.

(2)

1971 c. 77. Amendments have been made to section 3 which are not relevant to this Order.