From UK Spouse Visa to EU Settlement Scheme

[cfritas]

Hi,

I am from a non-EU country and have been living in the UK since 2017 on a Spouse Visa. My husband was born in Northern Ireland and that is where we live.

Due to the new rules regarding the EU Settlement Scheme for people from Northern Ireland, I am now eligible to apply for that, which is great. But the applications were only open from August 2020, and my Spouse Visa was due a renewal in April 20. So my visa now expires in December 22.

So that means I had to pay all those fees for the visa and the NHS. But now that I'm eligible for the EU Settlement Scheme, which is free, will I just lose all that? I have paid for 2,5 years for a visa that I no longer need. I understand it's a long shot, but thought it was worth asking. It's very frustrating having to pay all that money just for 6 months of visa!

Thanks!

[kamoe]

So that means I had to pay all those fees for the visa and the NHS. But now that I'm eligible for the EU Settlement Scheme, which is free, will I just lose all that?

Your logic is flawed.

Your current Spouse visa is not going to be cancelled just because there is an alternative route now available. In that sense, you are not losing anything. You are just not taking advantage of an alternative route, which you do not need, since you already have a visa. Big difference.

Now, as a general rule, you can't "get a refund" for a visa you have paid and been granted, even if you never used it. Many people have paid for visas they never use, many people have applied for an immigration route that is less favourable than another they were eligible for. The onus is on people to use the visas they paid for, and to select the best immigration route that applies to them. Also, as a general rule, you do not get to receive a refund for any remaining time on a visa or permit that you have not used in full until expiration date (e.g. because you leave the UK or switch to another immigration category).

Now, the alternative route did not exist for you when you needed it. You needed a visa in April. That's what you paid for, and what you were issued. And you have used it to live in the UK a full 6 months. The alternative would have been to leave the UK.

I have paid for 2,5 years for a visa that I no longer need.

This is incorrect. You are a third country national; you need a visa or permit to live in the UK.
The fact that there now appears to be an alternative does not negate this fact.

It's very frustrating having to pay all that money just for 6 months of visa!

It's not 6 months of visa. You visa is still valid until 2022.

Without having to do anything else, you can still live in the UK with your current visa until it's expiration date.