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No.
Yes. See Appendix Skilled Worker, paragraphs SW 39.1 to SW 39.4.
If they do that, yes but obviously only in respect of any overlapping period not the whole payment.
I disagree, but it doesn't matter because they don't need to make any immigration application anyway.secret.simon wrote: ↑Tue Dec 27, 2022 2:11 pmI don't think there would be an IHS refund in this circumstance.
Also see this very similar thread.
I am intrigued to know the reason for your disagreement. Can you elaborate?
Note that I am not agreeing with the logic advanced, merely that that is the logic used by the Home Office and therefore why I think a refund is not payable if a person switches visas while holding a still valid visa....
It would be complex and administratively difficult to set up a system whereby the surcharge was refunded on a pro rata basis. Refunds on such a basis would need to take into account, for example, whether the migrant had made use of NHS services during their stay and the Home Office does not have access to such information.
...
Linking the surcharge paid to the length of leave granted ensures a simple calculation, clarity for migrants and certainty for the NHS in terms of income received.
It's how it has always worked since the IHS was introduced in 2015. Presumably it is connected to the first listed reason at gov.uk about when a refund is due {"you paid twice"), and presumably it is the most common reason other than rejections and refusals.secret.simon wrote: ↑Thu Dec 29, 2022 3:29 pmI am intrigued to know the reason for your disagreement. Can you elaborate?
I have no need or reason to do that, although of course you are welcome to make your own request if you wish.secret.simon wrote: ↑Tue Jan 03, 2023 8:25 pm@sah10406, as you are unable to publish the correspondence for various reasons, and as it is, like my reference, more than five years old, perhaps you could file an FoI request (maybe through the Whatdotheyknow website) asking for details of the policy guidance for IHS refunds, specifically when there is an overlap of periods of visas, both of the same type (eg. Skilled Worker to Skilled Worker) and of different types (eg. Student to Skilled Worker).
Congratulationsrajuksh wrote: ↑Mon Jan 09, 2023 7:00 pmThank you @sah10406 and @secret.simon for your comments and guidance.
I would like to provide a latest update on my case, so that it can be helpful to the discussion.
As informed in my original post, I was in the process of switching from a 'Student' visa to 'Skilled Worker' visa. My application has now been approved and have received 'Skilled Worker' visa.
My student VISA was from valid for 4 years (Jan 2021 till Feb 2025), for which I had paid IHS fee. My new VISA is valid from Jan 2023 till Feb 2028, and I have paid IHS fee for the fresh 5-year period. I have been refunded automatically (without needing to make any additional request) the IHS fee for the overlapping period Jan 2023 till Feb 2025. Received refund within two days of the date of decision.
Thanks for updating. This is exactly my experience when advising on many such "overlapping" applications since the IHS was introduced in 2015.