IHS Refunds Query

[venkat2010]

Hi,

Please can you help me with the below query.

My family entered UK in 2014 on Tier 1 general dependent visa. Later in 2015 when I got my ILR their visa status changed to ILR dependent. I had to wait for 5 years (upto 2020) for them to be eligible to apply for ILR.

They had their visa upto 31st December 2019, but they would be eligible for ILR only from 21st January 2020. What I have done was I applied for their ILR dependent visa extension on 22nd December 2019 and took their biometrics appointment for 24th January 2020. I paid the visa fee and IHS fee.

On 22nd January 2020 once they got the eligibility for ILR, I varied the application to ILR and got their biometric appointment for 14th February 2020. I paid the visa fee for ILR. After a week of their biometric appointment home office contacted me refunded me the fee paid for the ILR dependent visa. But the IHS fee I paid was still with them.

On 19th Jun 2020, my family got the ILR approved. I waited for 4 weeks and expected that IHS will be refunded. But it didn't happen. I wrote the below email to IHS refunds.

Hi,

Initially I have applied for an ILR dependent visa for my family. As part of this I have paid £3000 on 22nd December 2019. Please refer to the below email.

Later my family had completed 5 years on 21st of January and I have varied the applied to ILR. I have been expecting the refund of the IHS fee for many days. Around 4 weeks back my family ILR visa was approved. I still have not received the refund.

The IHS reference number is IHSXXXXXXXXXXX|2019-12-22T13:08:18.

Please could you process the refund.

They replied back to me with the below information highlighting the 4th point in yellow color. I checked with few of my friends who also went in the same path. They have got the IHS fee refunded but I haven't.

You will not get a refund if:

· your visa application is successful but you do not come to the UK

· you leave the UK before your visa ends, for example to make a new application

· you’re told to leave the UK before your visa expires

· you’re applying for indefinite leave to remain or changing to another visa where you do not need to pay the IHS

My family had not got the ILR dependent visa extended. Hence I should not need to pay the IHS fee.

Please could you let me know how can I get this money refunded?

Thanks,
Venkat.

[CR001]

Had you asked the question in December 2019, you would have been advised to apply for ilr shortly before their visas expired and book biometrics after the date they qualified.

You stated in a previous topic that they got ilr dependent visa valid from march 2015?? How did you work out they qualified for ilr in January 2020??

https://www.immigrationboards.com/immig ... l#p1475295

[venkat2010]

Thanks for the reply.

Actually I applied through a solicitor only. The solicitor said my family is not eligible to submit the ILR application in Dec 2019.

Sorry if I have posted it as March previously. Their first ILR dependant visa was issued on 19-Feb-2015. As they get eligibility for ILR 28 days before 5 years completion which will be 21-Jan-2020, my solicitor said I can't submit ILR application in December 2019. He said visa fee and IHS fee will be refunded though we vary the application. That's why I progressed the application.

Any how, If I can get this IHS fee returned that would be great. Please could you let me know what would be the best way to ask them to refund the money which will not come under point 4 which they have highlighted?

Thanks,
Venkat.

[seagul]

Any how, If I can get this IHS fee returned that would be great. Please could you let me know what would be the best way to ask them to refund the money which will not come under point 4 which they have highlighted?

Thanks,
Venkat.

Your first post is already holding the answer that it won't be refunded. See below its reconfirmation.

https://www.gov.uk/healthcare-immigrati ... on/refunds