Priority Service Fee Refund

[rose1234]

Hi,

I have applied for ILR through T2 PBS dependent route. Details of the application is below.

Date of application: 18-Aug-2021
Type/ Service option: Set(O) / Priority Service
Date of Biometrics : 20-Aug-2021
Home Office email received mentioning decision will be delayed : 25-Aug-2021
Decision email received : 08-Sep-2021 (Successful, Granted ILR)

On 25-Aug, I have received an email from Home office stating the below.

Thank you for your application for permission to stay in the UK. Although we would normally decide your application from the date of biometrics, unfortunately this is not going to be possible in your case.
I am sorry for the delay in dealing with your application and for the inconvenience this is causing. Please be assured that we are doing all we can to make a decision on your case as quickly as possible.

Since I didn't get a decision within the 5 working days for the priority service I applied for, I have sent an email to the complaints section to get a refund. Email was sent on 10-Sep-2021.

I received the response from HO team on 06-Oct-2021, stating they can't refund the priority service fee quoting the below details.

Dear XXXX,

Thank you for your email of 10 September 2021 where you have raised a complaint
about a priority service fee in respect of your application for Indefinite Leave to
Remain (ILR).
I am afraid that I am unable to uphold your complaint, and I will now explain why.
Our records show that you submitted your ILR application on 18 August 2021, and
your biometrics were enrolled on 20 August.
You were then advised on 25 August, within the five-day service standard for priority
applications, that a decision could not be made within the service level agreement.
I will now explain further.
Every application is unique and, if the application is not straightforward, it may not be
possible to meet the published timescales. Your application required further
information, which meant that it was removed from the usual Service Standards.
I am afraid that you would therefore not be entitled to a refund, as your application
was considered within our priority service standards and you were notified
accordingly that it was not going to be possible to make a decision within that time
limit.
The following guidance, ‘Get a faster decision on your visa or settlement application -

GOV.UK (www.gov.uk), advises when applicants may need to wait longer for a
decision.
Our records confirm that you were granted ILR on 8 September, and you were sent a
letter that same day notifying you as such. Our records also confirm that your
Biometric Residence Permit was successfully produced on 9 September, and you
should have received this within the following seven to ten working days.
I appreciate that you may be disappointed, but I hope that this has now explained the
position.
I believe I have addressed all the points you have raised. However, if you feel that
there are specific aspects that have not been addressed you can request a review of
our response within one month of the date on this letter by writing to us at:
complaintsreview@homeoffice.gov.uk.

My question is is it worth going for a review of this complaint to get a refund? Even though they stated they required further information, I have never been contacted by HO to provide any additional information for this application.

Thanks in Advance.

[zimba]

If your application is considered within the timeframe and then it is communicated to you that it cannot be decided (e.g being complex), no refund is given for the priority fees

https://assets.publishing.service.gov.u ... .0-ext.pdf

[rose1234]

If your application is considered within the timeframe and then it is communicated to you that it cannot be decided (e.g being complex), no refund is given for the priority fees

https://assets.publishing.service.gov.u ... .0-ext.pdf

Thanks Zimba for the clarification.