The Home Office have admitted that fees charged for visa-related English language tests and qualification assessments have no legal basis.
Some UK visas require the applicant to demonstrate their English language proficiency. This may be achieved automatically, if the applicant is a national of a majority English speaking country (for example, Australia). Where the applicant is not a national of a majority English speaking country, they will need to demonstrate their knowledge of English either by passing an English language test or by providing evidence of an appropriate qualification taught in English.
Since 2008, Ecctis Ltd have been charging fees for English language tests and to assess qualifications taught in English to determine whether they are appropriate evidence of English language proficiency for visa applications. The money raised from these fees is then used to fund visa services in the UK. Over the past three years, Ecctis have received £50m in fees.
However, Home Office minister Seema Malhotra has recently admitted to a House of Lords committee that these fees have all been charged unlawfully, as Ecctis do not have the legal authority to charge such fees.
The Home Office are now looking to push through legislation which would allow fees of up to £400 to be charged in respect of the tests and assessments. Government ministers are also considering two rather different approaches to dealing with those fees which have already been charged – by either establishing a restitution scheme to reimburse affected applicants, or by tabling retrospective legislation allowing them to justify making no such payouts.
A spokesperson for the Home Office commented: “We are currently considering all available options and engaging with other government departments to resolve the issue, and we will update parliament on an agreed approach in due course.”
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