Home Office carries on demanding fees unlawfully charged for language tests

Thousands of people applying for visas in the UK have been unlawfully charged for language tests, the government has disclosed, but the Home Office is continuing to demand the fees because it needs the money.

- Daniel Boffey

Home Office minister Seema Malhotra made the admission to a Lords committee as the government scrambled to address what it described as a "challenging" situation.

A company called Ecctis Ltd has been charging fees for language tests and qualification assessments and passing them on to the government since 2008 without any legal authority, leaving the system open to challenge in the courts.

The discovery was made when the government sought to renew the firm's contract earlier this year. The Home Office is now seeking to rush through legislation to make it legal to charge up to £400 for the tests.

Ministers are also looking at establishing either a "restitution" scheme whereby millions of pounds could be reimbursed to visa applicants, or tabling retrospective legislation to avoid a payout.