PART 6Miscellaneous

I170Visa penalty provision: general

1

The immigration rules may make such visa penalty provision as the Secretary of State considers appropriate in relation to a country specified under section 71 or 72.

2

“Visa penalty provision” is provision that does one or more of the following in relation to applications for entry clearance made by persons as nationals or citizens of a specified country—

a

requires that entry clearance must not be granted pursuant to such an application before the end of a specified period;

b

suspends the power to grant entry clearance pursuant to such an application;

c

requires such an application to be treated as invalid for the purposes of the immigration rules;

d

requires the applicant to pay £190 in connection with the making of such an application, in addition to any fee or other amount payable pursuant to any other enactment.

3

The Secretary of State may by regulations substitute a different amount for the amount for the time being mentioned in subsection (2)(d).

4

Before making visa penalty provision in relation to a specified country, the Secretary of State must give the government of that country reasonable notice of the proposal to do so.

5

The immigration rules must secure that visa penalty provision does not apply in relation to an application made before the day on which the provision comes into force.

6

Visa penalty provision may—

a

make different provision for different purposes;

b

provide for exceptions or exemptions, whether by conferring a discretion or otherwise;

c

include incidental, supplementary, transitional, transitory or saving provision.

7

Regulations under subsection (3)—

a

are subject to affirmative resolution procedure if they increase the amount for the time being specified in subsection (2)(d);

b

are subject to negative resolution procedure if they decrease that amount.

8

Sums received by virtue of subsection (2)(d) must be paid into the Consolidated Fund.

9

In this section—

  • “country” includes any territory outside the United Kingdom;

  • “entry clearance” has the same meaning as in the Immigration Act 1971 (see section 33(1) of that Act);

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

  • “specified” means specified in the immigration rules.