A new “health surcharge” was introduced for all new applications for entry clearance or leave to remain made on or after 6 April 2015

Danielle Cohen
By Danielle Cohen Immigration Law Solicitor Linkedin
Danielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
27 April 2015

A new “health surcharge” was introduced for all new applications for entry clearance or leave to remain made on or after 6 April 2015. The charge is £150 per year for students and £200 per year for all other types of application. A charge is payable for each dependent as well as the main applicant.

Liability for the charge is as follows:

  • All applications for entry clearance other than visits of 6 months or less
  • All applications from within the UK for any period of time other than indefinite leave to remain

If an application is made for ILR but limited leave is granted, the surcharge will become payable and the Home Office will contact the applicant, presumably before the visa is issued.

Some of the exemptions are as follows:

  • Nationals of EEA countries and their family members exercising treaty rights
  • Nationals of Australia and New Zealand
  • Tier 2 (Intra-company Transfer) visa (and dependants)
  • Children under 18 who has been taken into care by a local authority
  • Dependants of a member of the UK’s armed forces
  • Diplomat or a member of a visiting armed forces and not subject to immigration control
  • Relevant civilian employee employed by North Atlantic Treaty Organisation (NATO) or the Australian Department of Defence in the UK (or their dependant)
  • Asylum seeker or applying for humanitarian protection (or you’re their dependant)
  • Identified as a victim of human trafficking (or their dependant)
  • Home Office’s domestic violence concession applies (or their dependant))
  • Article 3 protection cases and their dependents
  • Where destitute and within the policy on being exempt from paying the fee for an immigration application

Those who have paid the charge are permitted to access free NHS care to the same extent as permanent residents during the period of their leave. A power is retained to exclude “certain expensive, discretionary treatments” but it was stated there were no plans to make use of this provision (Lord Taylor of Holbeach, Hansard 12 March 2014 : Col 1806).