IHS refund possibility after ILR

[OnlyAly]

We are 4 family members, husband wife and two children born in UK
My husband got ILR on long residence from Tier 1 Entrepreneur recenly. We had lived only 6 months on entrepreneur visa. I am applying for FLR(M) and children for Registration.
My question is
We all paid £2400 immigration health surcharge for three years in one transaction and got visa at that time. Can we get refund of IHS.
I need to apply for FLR(M) so needs to pay IHS again. I feel it is not correct to pay IHS again
If YES can I get refund, then what is the correct procedure? Should I apply for flr(m) first and then apply for refund.

Please advise. Please ask for details if required. Regards

[Abc499]

From my understanding there is no option they keep to receive any refund of the IHS surcharge in any circumstances if your visa is granted for the period of the charged amount, even if you leave the UK early/ do not use NHS /not even come to UK/move to another category. So Visa granted means no more refund on IHS surcharge.

only partial refund, when they grant visa for less period than the applicant apply for. which is not in your case.

probably IHS surcharge works like Top-up oyster card in London bus service, you can go till the last stop but you have decided to change the bus just after few stop. Hence no refund and also you need to pay on the next bus too

[OnlyAly]

Thank you for reply. This makes sense.
But may I keep this discussion open to have opinion from CR001 as well. I still think there must be a way out.

[Abc499]

Thank you for reply. This makes sense.
But may I keep this discussion open to have opinion from CR001 as well. I still think there must be a way out.

It is good not to give up too early
https://www.whatdotheyknow.com/request/ ... _pay_immig

seems you might/will get refund for your overlapping period. So here says need to pay new IHS surcharge with new application, and then case worker will make request for overlapping period refund. (probably it will be better to mention this with application).

[OnlyAly]

Thanks Again, IHS is normally charged on yearly bases. It's deduction must also be according to the period you have enjoyed in limited leave. If some one qualifies for ILR or registration in the mean time, IHS must liable to be refunded. I think it is a kind of missing information from the home office pages. This is where I need Your help and advise.

[cyborg001]

This is exactly what I have been wondering as well. I got my FLR(M) in Feb this year and paid £500 IHS.

Now I am applying for my ILR next month and assuming I am granted I would have paid IHS for 2+ years when ILR is exempt from IHS. Barring 3 months I have been employed FT since 2010 meaning I pay my NI for NHS etc. usage. So this is effectively advance double taxation and should be illegal as it is unfair.

I know I'm ranting but should I not get my prorated IHS refunded for the period under FLR(M) that I pre-paid or for the 1.5 years remaining at least?

[helpingperson]

cyborg001

I agree with you. Firstly you are employed so you paying NI from your salary, secondly it should be pro-rated but it all depends on Home Office.

[Casa]

cyborg001

I agree with you. Firstly you are employed so you paying NI from your salary, secondly it should be pro-rated but it all depends on Home Office.

"You pay National Insurance contributions to qualify for certain benefits including the State Pension."
https://www.gov.uk/national-insurance/overview

[OnlyAly]

Hi Casa, thank you for NIN post but may I request your views for IHS refund in my circumstances as stated in above posts. Regards..

[cyborg001]

Guess I'll try my luck when I apply and speak to the HO people at Croydon regarding IHS refund for remaining FLR(M) period.

What hope do you have when even the government rips you off at every step haha...