secret.simon wrote: ↑Thu Dec 29, 2022 3:29 pm
sah10406 wrote: ↑Wed Dec 28, 2022 9:02 am
I disagree
I am intrigued to know the reason for your disagreement. Can you elaborate?
It's how it has always worked since the IHS was introduced in 2015. Presumably it is connected to the first listed reason at gov.uk about when a refund is due {"you paid twice"), and presumably it is the most common reason other than rejections and refusals.
https://www.gov.uk/healthcare-immigrati ... on/refunds
The only way to "pay twice" is to pay again in respect of a period you have already paid for.
Where the gov.uk page says "full ... refund" that appears to be sloppy wording, as only the overlapping period is refunded, and only in blocks of six months.
A partial refund is routinely issued for such overlapping applications, although it can take a while. The problem is that applicants often think the discount can just be offset against the new IHS payment, rather than issued as a refund later, which it cannot.
I do have correspondence with the Home Office Premium Customer Service Team from 13 July 2016 when there were queries about this matter of "paying twice" in respect of overlapping Student (then Tier 4) applications. The principle is the same for any overlapping applications. I don't have permission to publish it in full, but it says in part:
We can refund where a 2nd IHS payment is made and the 2nd payment overlaps their 1st IHS payment (in blocks on six months only);
[...]
[NOTE: This specific example they give below is poor, because in this case the new application would need to be made outside the UK (because they didn't complete their course), and hence a refund would not be due for that reason alone. However the principle is clear. A more realistic example would be a Student who ends their course a year or even two years early and applies to join a new course, or who switches to Skilled worker part way through their course].
Example: Student applies for a 4 year course and pays the IHS fees for that. They withdraw from the course during year 1 for whatever reason. They apply for a visa to return at the start of what would have been year 2 but starting from year 1 again and have paid the IHS fee for four years again. The first year would not be refunded [...]. However, years 2-4 of their IHS fees paid as part of their first application would be covered/doubled up by years 1-3 of their 2nd application/IHS payment. Therefore, as part of their 2nd application, we would look to refund periods of six months or more where the IHS fee has been paid twice for the same period of leave. The caseworker should consider issuing a refund as part of the 2nd application and in this example a refund would be due. In this example they would pay for 5 years of IHS fees (8 years would be paid for up front as part of each of the two applications but 3 years worth would be refunded on their 2nd application).
[...]
I have checked this with the IHS team to be sure and they have confirmed that this is correct. [...] The caseworker that considers the 2nd application should take the necessary refund action for duplicate periods of IHS payment. I would also emphasize that students must always pay the full amount each time they apply even if we will later refund the fee (but only as part of a 2nd application).I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.
