The Immigration (Health Charge) (Amendment) Order 2017

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 “entry clearance” substitute “entry clearance or leave to remain”.

(3) Omit paragraph 1(c).

(4) For paragraph 1(g), substitute—

“(g) for leave to remain for a Trafficking Convention reason, or under paragraph 159I of the immigration rules as a domestic worker who is the victim of slavery or human trafficking, where the applicant has received a positive conclusive grounds decision from a competent authority;”.

(5) In paragraph 1(i), for “sub-paragraph (c), (e), (f), (g) or (h)” substitute “sub-paragraph (e), (f), (g) or (h)”.

(6) After paragraph 3, insert—

“4.   In this Schedule—

“competent authority” means a designated competent authority of the United Kingdom for the purposes of the Trafficking Convention;

“positive conclusive grounds decision” means a decision made by a competent authority that the applicant is either—

(a)

a victim of human trafficking, or

(b)

a victim of slavery, servitude or forced or compulsory labour;

“Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings(1);

“Trafficking Convention reason” means a reason, in accordance with the United Kingdom’s obligations under the Trafficking Convention, that the applicant’s stay in the United Kingdom is necessary—

(a)

because of the applicant’s personal situation,

(b)

because the applicant is co-operating with a police investigation or criminal proceedings, or

(c)

in order to pursue a claim for compensation against the applicant’s trafficker or modern slavery facilitator.”.

(1)

Done at Warsaw on 16th May 2005.