IHS Refund

Greetings all

Is there a way to get refund for IHS, if the person (child) whom paid for IHS during visa application, actually had the right of British citizenship from birth?

I wasn't aware that my son had the right of british citizenship from birth, so I have applied for his visa at the same time when applied for my spouse. Year later since application, when I realised, I got him issued British passport.

It was very foolish of me for not doing my homework on time, but I wonder if there is chance I can get any refund for IHS?

Any advise is welcome

Many Thanks

Unlikely you will get a refund.

You were advised by Vinny in 2015, with relevant links, about your child.

immigration-for-family-members/visa-for ... l#p1280525

And asked again about this in 2020.

british-citizenship/apply-for-citizensh ... l#p1919901

I agree with CR001 that the chances of your getting a refund are slim.

Essentially it is you who made the mistake of making two visa applications for your son who was already a British citizen by descent, not a Home Office error. As it was your fault, the Home Office can argue that no refund is necessary (i.e. you are paying for your own mistake).

But it can also be argued that as your son was already a British citizen by descent, (a) the visas issued to him were a nullity, as British citizens cannot be issued a visa and (b) he would have been entitled to full NHS care as a British citizen anyway, so the IHS payments should be refunded.

You should write to the Home Office arguing your case and may have to devote some time to following up with them at various levels, as the chances of you succeeding are fairly slim.

And you really should wizen up on immigration rules and requirements, etc, by using this site, for instance. Keep in mind that ignorance is no excuse.

Thank you Simon

I agree that it was my mistake, however, I believe in UK's general doctrine, for example, if you received more benefits (any sort and for whatever reason) from government than you are not entitled to, you are obliged to repay it back.

Regardless of responsiblity (which I admit to), the child, as you said is British citizen by descent, and thefore is entitled to NHS care.

In that respect can you advise me the best contact email or point, where I can at least try to make first communication?

Thank you again

cornacum wrote: ↑

Wed Dec 07, 2022 10:39 pm

I believe in UK's general doctrine, for example, if you received more benefits (any sort and for whatever reason) from government than you are not entitled to, you are obliged to repay it back.

Correct. That applies to benefits that you are not entitled to.

That principle may not apply by analogy to fees that you pay to the government Some people pay more into the system than they get out and some people pay way less. The first lot is not entitled to refunds.

cornacum wrote: ↑

Wed Dec 07, 2022 10:39 pm

In that respect can you advise me the best contact email or point, where I can at least try to make first communication?

I'd suggest starting with an email to IHSrefunds@homeoffice.gov.uk (and email address I found via Google and may not be the best email address), stating the IHS ref nos. and dates on which you paid the surcharge.

As an aside, what proof of British citizenship did you provide when you made the application for your son? Did you include your registration certificate or just your British passport?