Part 6: Miscellaneous Section 70: Visa penalty provision: general
Overview: This section sets out the general provisions on the application of visa penalties where the Secretary of State has specified a country under section 71 or 72. A country may be specified where it: presents a risk to international peace and security, or its actions lead or are likely to lead to armed conflict or a breach of humanitarian law; or is not cooperating on the return of its nationals who do not have a legal right to be in the UK.
	This section creates a power to impose the following types of visa penalty in relation to applications for entry clearance:
Requiring that visas are not granted before the end of a specific period (thereby slowing down the visa application process for relevant applicants);
Suspending the power to grant entry clearance to applicants;
Requiring the application to be treated as invalid for the purposes of the immigration rules;
Requiring the applicant to pay a surcharge of £190 in connection with the making of a visa application (which is separate from, and in addition to, existing visa fees and other amounts payable pursuant to the application).
	This section provides that the powers to impose visa penalties on countries can be exercised under the immigration rules.
	Background: The Government has a number of levers at its disposal to respond to certain actions of foreign governments by applying pressure which may disadvantage that state’s citizens through our visa system. This measure provides for increased levers at the punitive end of the spectrum available either in relation to a country specified under section 71 (countries which are taking certain prescribed hostile actions) or under section 72 (countries which do not cooperate on the matter of returning their nationals who have no right to be in the UK).
	The four types of penalty have been designed to create a nuanced and flexible tool which provides an escalatory ladder to move up or down according to the specific situation.
	Exercising the power through the immigration rules will allow the Government sufficient flexibility to impose and revoke penalties in response to changes in specific situations.
	This section creates a new power to make visa penalty provisions as the Secretary of State considers appropriate against specific countries. This section does not amend or repeal existing legislation.
	Subsection 1 allows visa penalty provisions to be made under the immigration rules in relation to a country specified under section 71 (a country which, in the opinion of the Secretary of State, is taking certain prescribed hostile actions) or section 72 (countries which do not cooperate on the matter of returning their nationals who have no right to be in the UK).
	Subsection 2 sets out types of visa penalty provision that may be made in relation to an application for entry clearance made by a person as a national or citizen of a country specified under section 71 or section 72. They are:
Requiring that entry clearance must not be granted before the end of a specified period;
Suspending the power to grant entry clearance pursuant to such an application;
Requiring an application to be treated as invalid for the purposes of the immigration rules;
Requiring the applicant to pay a surcharge of £190 in connection with the making of such an application, in addition to any fee or other cost (such as the immigration health surcharge) that is payable.
	Subsection 3 allows the Secretary of State to vary the amount payable pursuant to subsection (2)(d).
	Subsection 4 requires the Secretary of State to give the government of any country on which visa penalties may be imposed reasonable notice of the proposal to do so. The period that can be considered reasonable notice will vary depending upon the specific context in which penalties are applied.
	Subsection 5 requires that the immigration rules set out that visa penalty provision does not apply in relation to any application made before the day on which the provision comes into force.
	Subsection 6 sets out how the powers to make immigration rules in relation to visa penalty provisions may be used, including to provide for exceptions or exemptions to the application of visa penalties.
	Subsection 7 sets out that the amount payable under subsection (2)(d) may be increased by statutory instrument subject to the affirmative procedure and decreased by statutory instrument subject to the negative resolution procedure.
	Subsection 8 sets out that income generated by virtue of subsection (2)(d) must be paid into the Consolidated Fund.
	Subsection 9 sets out definitions of the terms "country", "entry clearance", "immigration rules" and "specified" used in this section.