Immigration Corner | Under what circumstances can a person get an IHS refund?

Dear Mr Bassie,

I paid for the immigration health surcharge (IHS) and I believe that I am entitled to get a refund. Please advise on what circumstances an applicant might be eligible to receive a refund.

SB

Dear SB,

Most people need to pay the immigration health surcharge as part of their online immigration application when applying to enter the United Kingdom (UK). Whether they are eligible for a refund will depend on the circumstances after applying for it.

REFUNDS

Persons will be entitled to receive a full IHS refund if:

• They paid the IHS twice for the same visa application;

• Their visa application is refused;

• The visa application was withdrawn before a decision was made.

Please note that applicants will get a partial IHS refund if their visa applications were successful but:

• They received less time on their visa than asked for;

• Any dependents on the applicant’s visa application were refused a visa – the applicant will only get the dependent’s IHS back;

• They were applying to extend or switch the visa in the UK and have paid the IHS twice for the same period.

Those persons who have paid twice for the same period and that period is six months or more, will receive a partial refund rounded down to the nearest six months. For example, if an applicant has paid twice for a 15-month period, he/she will get a refund for 12 months of IHS. Persons who have paid twice for the same period of less than six months will not get a refund.

If persons are due a full or partial refund for these reasons, they do not have to do anything to get it. It will be paid to the account or card that they paid with. If someone else paid the IHS on the applicant’s behalf, the payer will receive the refund.

WHEN PERSONS WILL NOT GET A REFUND

Please note that persons will not get a refund if:

• They withdraw the visa application after the visa is granted;

• The visa application is successful but the applicant does not go to the UK;

• They leave the UK before the visa ends, for example, to make a new application;

• They are told to leave the UK before the visa expires;

• They are applying for indefinite leave to remain;

• They are switching to another visa which is exempt from the IHS.

Just for completeness, please be aware that if a visa applicant dies in the UK or before arriving over there, the IHS will not be refunded.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com