Refund of Application fee for Pre Nov 2006 Applicants

[khalidmirza]

This refers to reimbursement of fee unnecessary paid for second time extension.
Please help me and advise
My son got 1 year HSMP visa in Jun 2006. Extension in Jun 2007 refused on lack of evidence(Accountant Letter) to achieve targeted income. However given 1 year extension to compensate mistake by British Embassy which should have issued 2 years visa as per rules after Apr 2006. Fee was not refunded( Some applicants did get refund in such cases).
Applied for extension in Jun 2008 (JR was implemented in Jul 2008). Got extension as per JR policy for 3 years. Fee was not refunded again. Various letters for refund but no reply.
Please advise
1 What is our entitlement for refund is it 350 pounds or 750 pounds
2 What address request should be sent
3 Will appreciate for any sample letter for refund

[rizwan567]

Refund is only given to applicant where applicant has to apply for 2nd extension in order to meet 5 year residency rule instead of 4 years.

You are not affected by this change so you do not deserve a fee refund.

Yes, however you should have your extension money refunded of £350 when you were given 1 year extension.

[khalidmirza]

Thank you Rizwan
I generally have the same understanding since many such cases were refunded with out asking for it. My view point is that in the absence of Nov 7 ,2006 rules my son would have got 4 years extension. These rules were later declared null and void in the JR of Apr 2008. Hence our second extension of three years would have not been required if UKBA had given extension of 4 years. Hence we feel refund should be 750 pounds. what is your opinion
What address do we write to for refund. can you please help
Seniors opinion would be more help

Refund is only given to applicant where applicant has to apply for 2nd extension in order to meet 5 year residency rule instead of 4 years.

You are not affected by this change so you do not deserve a fee refund.

Yes, however you should have your extension money refunded of £350 when you were given 1 year extension.

[rizwan567]

My understanding is:

All applicants have to apply at least 1 extension. And simialry you also appleid for one extension which costed you 750.

You should have been given an automatic refund of 350 for the first application. And yes, if you would have gained extension no the basis of this applicatin then 2nd extension was never needed. But you did not get it because of accountant letter. This error is on your part.

Above is just my opinion.. i may be wrong.

[khalidmirza]

Dear rizwan
Accountant letter was to include self employment to meet the income level which is not required for pre nov 2006 applicants. So the fault was with the new rules of Nov 2006 and not with us. This was the basic JR was all about. Economic activity was supposed to be the criteria. Anyway thanks for sharing your opinion

My understanding is:

All applicants have to apply at least 1 extension. And simialry you also appleid for one extension which costed you 750.

You should have been given an automatic refund of 350 for the first application. And yes, if you would have gained extension no the basis of this applicatin then 2nd extension was never needed. But you did not get it because of accountant letter. This error is on your part.

Above is just my opinion.. i may be wrong.

[bani]

This form is from 2 years ago, and the deadline for submission of refund requests has long since passed. But you should at least try writing to the address stated there.
http://www.bia.homeoffice.gov.uk/siteco ... ew-09-form

For more info, here's a thread from 2009 about second extension refunds:
http://www.immigrationboards.com/viewto ... sc&start=0

[khalidmirza]

Hi Bani
Your information is very valuable. Can you please help us on the contents of this letter and who does it apply. Will UKBA issue another form for refund like it did for 4 years ILR cases
http://www.hsmpforumltd.com/error_corre ... letter.pdf

This form is from 2 years ago, and the deadline for submission of refund requests has long since passed. But you should at least try writing to the address stated there.
http://www.bia.homeoffice.gov.uk/siteco ... ew-09-form

For more info, here's a thread from 2009 about second extension refunds:
http://www.immigrationboards.com/viewto ... sc&start=0

[bani]

About that letter, the refund applies to people who made 2 extensions before ILR and are covered by HSMP JR (but second extension was unnecessary).

"We are continuing to correct those which fall within the policy agreed in response to the Judicial Review and will consider refunding fees if we find any unnecessary applications were made."

There is a thread about it:
http://www.immigrationboards.com/viewtopic.php?t=71324

I think your son should be covered by this new refund (though he could have applied to the expired one in 2009). This is because he should have been given a 4 year extension in 2007.

[khalidmirza]

Hi Bani
Thank you for your help. This is my understanding. Your views are matching my views. I would once again request Moderators who are expert on this forum to point out if our understanding is in error. Moderators please help.............

About that letter, the refund applies to people who made 2 extensions before ILR and are covered by HSMP JR (but second extension was unnecessary).

"We are continuing to correct those which fall within the policy agreed in response to the Judicial Review and will consider refunding fees if we find any unnecessary applications were made."

There is a thread about it:
http://www.immigrationboards.com/viewtopic.php?t=71324

I think your son should be covered by this new refund (though he could have applied to the expired one in 2009). This is because he should have been given a 4 year extension in 2007.