Home Office Admits Illegal Charging of English Language Fees
The UK Home Office is under fire after it emerged that fees charged for English proficiency and qualification equivalency checks in visa applications were unlawfully levied. This revelation means that the Home Office may need to refund tens of millions of pounds to applicants who paid these fees for their visa applications through skilled workers, family, student, and settlement routes.
Illegal Charges for English and Qualification Checks
Since at least 2008, the Home Office has required visa applicants to demonstrate English proficiency and qualifications equivalent to UK standards. The fees for these checks, conducted through Ecctis Ltd., include £140 (plus VAT) for English checks and £210 (plus VAT) for qualification equivalency assessments, each with a turnaround time of up to 30 working days. These fees were, however, unlawfully charged due to a legislative oversight, which went unnoticed for over a decade.
Urgent Legislative Action and a Possible Restitution Scheme
Ministers, acknowledging the error, are now taking steps to address it. Lord Hanson, a Home Office minister, introduced the Immigration and Nationality (Fees) (Amendment) Order 2024 in Parliament, which aims to rectify this oversight by establishing a legal basis for these fees. Additionally, the government is exploring two options: establishing a restitution scheme for those affected or introducing new legislation to legitimize the charges retroactively.
A Long-Awaited Resolution
The scandal, affecting thousands of visa applicants over the years, will likely have significant financial and legal implications. The Home Office’s swift legislative response reflects its commitment to rectify the issue and provide due refunds to those unlawfully charged. With new regulations pending approval, applicants affected by this oversight may soon receive clarity on refunds and future legal requirements.
