Thousands of visa applicants in the UK have been charged unlawfully for language proficiency tests and qualification assessments since 2008, the government revealed. Yet, the Home Office continues to charge these fees, citing financial necessity, despite the lack of legal grounds to do so.

The fees are collected by Ecctis Ltd., a not-for-profit agency contracted by the Home Office to assess language and qualification requirements for visa applications.

The company has been charging applicants for services essential to the visa process, including a £140 plus VAT fee for English language tests and a £210 plus VAT fee for qualification equivalency assessments.

According to Home Office Minister Seema Malhotra, this system has operated without legal authority for years, exposing the government to potential legal action from applicants charged unlawfully.

The oversight was only discovered recently as the government prepared to renew Ecctis’s contract, sparking urgent discussions in the House of Lords. The government is now exploring two options to address the issue: either implement a restitution scheme to reimburse affected applicants or introduce retrospective legislation to protect itself from repayment obligations.

Malhotra admitted to the House of Lords Secondary Legislation Scrutiny Committee that ending these charges would place an undue burden on public finances, describing the situation as “challenging.”

She explained that “suspension of charging for these services would have significant potential impacts on the public purse.” With millions of pounds collected each year in fees, a suspension could create a sudden shortfall in government revenue. “The department has determined that fees should continue to be charged until such a time as the position in respect of previously charged fees is confirmed,” she added, defending the decision to keep billing applicants until new legislation is passed.

This rationale, however, has drawn heavy criticism from the Lords committee, which has condemned the Home Office’s approach stating, “We are shocked that the Home Office puts more weight on consistency with the past approach – which is known to be unlawful – than on consistency with the law as it stands today.”

Visa Applicants Face Rising Financial Pressures

Applicants for UK visas often pay considerable sums for their applications, which are among the highest in Europe. Beyond the visa fees, candidates must also cover the costs of proving their qualifications and English language proficiency. For many, this represents an added financial strain, especially in the context of rising living costs.

Public law solicitor Naga Kandiah of MTC Solicitors pointed out that the current situation unfairly burdens applicants. “During the current financial crises, it is unfair to place an extra burden on visa applicants to pay fees to sit the English language tests,” he said, noting that the UK’s visa fees are already among the highest in Europe.

Meanwhile, the Home Office acknowledges the complexities of the situation but has yet to disclose concrete plans for redress.

Over the past three years, Ecctis Ltd. has collected roughly £50 million in fees from applicants, but officials are still uncertain about the exact number of individuals affected or the potential cost of a refund.

Despite the urgent calls for transparency, the Home Office has not provided detailed information on who might qualify for compensation or how the fees were applied.