Home Office ‘illegally’ charged migrants for English tests and may have to repay millions

LONDON Nov 13: The UK government has acknowledged that visa fees for English language proficiency and qualification checks have been unlawfully imposed for years, potentially requiring the repayment of tens of millions of pounds. In response, the government is rapidly introducing new legislation to address the error and considering a “restitution scheme” for affected individuals.

The issue pertains to fees charged to visa applicants through skilled worker, family, student, and settlement routes who are required to demonstrate English language proficiency or equivalent qualifications. Applicants must provide this information through Ecctis Ltd, a service provider established over a decade ago.

Current fees for the online service are £140 plus VAT for English language checks and £210 plus VAT for qualification equivalency assessments. However, these fees have been illegally levied due to a mistake dating back to at least 2008.

Home Office minister Lord Hanson provided details of the error while advancing the Immigration and Nationality (Fees) (Amendment) Order 2024 through the Lords. He explained that the order’s purpose was to rectify the identified illegality.

The order introduces a power for a maximum fee of £400, with detailed charges to be set in an amendment to the Immigration and Nationality (Fees) Regulations in December. The Home Office has not provided an estimate of how many people may have been unlawfully charged fees, but various Home Office documents suggest the total could amount to tens of millions of pounds.

Liberal Democrat home affairs spokeswoman Baroness Brinton emphasized the need for an internal or independent review, highlighting the lack of parliamentary approval for the fees and the absence of any wrongdoing by Ecctis.

Lord Hanson acknowledged that the error had been discovered before the July general election and assured the Lords Grand Committee that the new Labour government had taken up the task of rectifying the issue.

A Home Office spokesperson stated that the government is currently examining all options and consulting with other government departments to resolve the issue for those who have already paid the fees, with Parliament to be informed of an agreed-upon solution in due course.