STATUTORY INSTRUMENTS
2024 No. 55
IMMIGRATION
The Immigration (Health Charge) (Amendment) Order 2024
Made 16th January 2024
Coming into force in accordance with article 1(2)
The Secretary of State makes the following Order in exercise of the powers conferred by sections 38 and 74(8)(a), (b) and (c) of the Immigration Act 2014(1). 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 which are likely to be available free of charge to persons who have been given immigration permission.
In accordance with section 74(2)(b) of the Immigration Act 2014, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.
Citation, commencement, extent and interpretation
1.—(1) This Order may be cited as the Immigration (Health Charge) (Amendment) Order 2024.
(2) This Order comes into force on the later of 16th January 2024 or the twenty-first day after the day on which it is made.
(3) This Order extends to England and Wales, Scotland and Northern Ireland.
(4) In this Order, “the Principal Order” means the Immigration (Health Charge) Order 2015(2).
Amendments to Schedule 1 to the Principal Order
2.—(1) Schedule 1 to the Principal Order (amount of the charge) is amended as follows.
(2) In the first column of the table (type of application), for “as a Tier 5 (Youth Mobility Scheme) Temporary Migrant in accordance with” substitute “or leave to remain under Appendix Youth Mobility Scheme to(3)”.
(3) In the second column of the table (annual amount)—
(a)for “£470”, in each place it occurs within that column, substitute “£776”;
(b)for “£624” substitute “£1,035”.
Amendments to Schedule 2 to the Principal Order
3.—(1) Schedule 2 to the Principal Order (exemptions from paying a charge) is amended as follows.
(2) In paragraph 1 (exemptions)—
(a)after sub-paragraph (f), insert—
“(fa)for leave to remain by virtue of Appendix Domestic Worker who is a Victim of Modern Slavery to the immigration rules(4);”;
(b)for sub-paragraph (g), substitute—
“(g)for leave to remain by virtue of Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery to the immigration rules(5);”;
(c)after paragraph (h), insert—
“(ha)for leave to remain by virtue of Appendix Statelessness to the immigration rules(6);”;
(d)in sub-paragraph (i), for “(f), (g) or (h)” substitute “(f) or (h)”;
(e)in sub-paragraph (o)—
(i)for “Tier 2 (General) Migrant”, in both places it occurs, substitute “Skilled Worker”;
(ii)for “Part A of the document entitled “Tier 2 of the Points Based System – Policy Guidance (Version 07/20)”” substitute “virtue of the document entitled “Health and Care visa guidance (Version 02/22)(7)””;
(f)after sub-paragraph (o) insert—
“(p)for entry clearance to enter or leave to remain by virtue of Appendix Ukraine Scheme to the immigration rules(8).”.
(3) In paragraph 4 (interpretation)—
(a)omit the following definitions—
(i)“competent authority”;
(ii)“positive conclusive grounds decision”;
(iii)“Tier 2 (General) Migrant”;
(iv)“Trafficking Convention”;
(v)“Trafficking Convention reason”;
(b)at the appropriate place, insert—
““Skilled Worker” means a person who applies for, or who has been granted, entry clearance to enter or leave to remain as a main applicant under Appendix Skilled Worker to the immigration rules;”.
Transitional provision
4. In relation to an application for entry clearance or leave to remain made before the coming into force of this Order, the Principal Order applies without the amendments made by this Order.
Tom Pursglove | Minister of State | Home Office | 16th January 2024