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The Immigration (Health Charge) (Amendment) Order 2016

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2016, ISBN 9780111143278

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 74(2) of the Immigration Act 2014, for approval by resolution of each House of Parliament.

Immigration

Made ***

Coming into force ***

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 2014f1.

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.

Annotations to the whole text

Footnotes

f1

2014 c.22.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment to Schedule 1 to the Principal Order
  3. 3Amendments to Schedule 2 to the Principal Order
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(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 2015f1.

2Amendment to Schedule 1 to the Principal Order

(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

”

3Amendments to Schedule 2 to the Principal Order

(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.

Signature

Name

Minister of State

Home Office

Date

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 which is available alongside the instrument at www.legislation.gov.uk.