Refund for withdrawn application

[elbuttano]

Hello,

We have submitted my unmarried partner's visa renewal family route as her BRP expires 31 Dec. We are currently in UK and have her appointment booked for end of October with TLScontact to do the biometric stuff.

My question: are we free to travel after this appointment? I take it she will just show her passport there and not hand it in or anything. Could we potentially leave the country while waiting for the decision? And what if we stayed abroad until the new year? I believe they are replacing the BRP cards with an online thing so I'm guessing the picking up of something physical won't be necessary this time. Or will she need to send passport off for a stamp if the decision is favourable? There won't be any other meetings she would need to attend, anything I've forgotten etc?

Many TIA

[CR001]

are we free to travel after this appointment? I take it she will just show her passport there and not hand it in or anything. Could we potentially leave the country while waiting for the decision? And what if we stayed abroad until the new year? I believe they are replacing the BRP cards with an online thing so I'm guessing the picking up of something physical won't be necessary this time. Or will she need to send passport off for a stamp if the decision is favourable? There won't be any other meetings she would need to attend, anything I've forgotten etc?

She cannot travel while she has an application pending with UKVI. If she does, her application will be considered withdrawn and the fee lost.

Her BRP might expire in December as all of them do, but when exactly does her visa expire based on the approval letter? What date was the current visa issued? You may have applied too early if the expiry date is actually some time in 2025, meaning there will be a shortfall to apply for ILR.

[elbuttano]

Her BRP might expire in December as all of them do, but when exactly does her visa expire based on the approval letter? What date was the current visa issued? You may have applied too early if the expiry date is actually some time in 2025, meaning there will be a shortfall to apply for ILR.

Thanks for your reply. We never got an approval letter - the decision letter was a refusal and we went through the appeal process and won that. Upon the successful appeal we just had emails to book an appointment for vignette and repay the IHS which had been refunded but we never got another letter. The entry clearance stamp in her passport is valid from 27/7/22. There is no expiry date other than the date she had to enter the UK by.

[elbuttano]

It seems we may have applied for the extension too early (even if the expiry was 31/12?)

How can we find out the exact date of visa expiry in absence of the approval letter? When we log in to her UKVI account (apply-to-visit-or-stay-in-the-uk.homeoffice.gov.uk/dashboard) it only shows the expiry of the BRP, nothing about the visa itself.

Potentially, could we withdraw the application and get a refund of both the application fee and the IHS? And then submit again later? And without negatively affecting the outcome of the future application.

Thank you

[Ticktack]

It seems we may have applied for the extension too early (even if the expiry was 31/12?)

How can we find out the exact date of visa expiry in absence of the approval letter? When we log in to her UKVI account (apply-to-visit-or-stay-in-the-uk.homeoffice.gov.uk/dashboard) it only shows the expiry of the BRP, nothing about the visa itself.

Potentially, could we withdraw the application and get a refund of both the application fee and the IHS? And then submit again later? And without negatively affecting the outcome of the future application.

Thank you

If you go with the date on the vignette, the visa would be valid for 2.5 years. That takes you to January 2025. Best bet would've been to apply in late December just before he BRP expires.

You're 2 months too early, but you just might be OK. If you used normal route minimum 6 weeks that takes you to early December. 2.5 years from that would be May/June 2025.
She should be eligible in July 2027 or August depending on when she entered.

Wait till last week, delay Biometrics and you just "might" be fine.

Or simply don't do the biometrics and application would be treated as withdrawn. Apply again in December.

[elbuttano]

Thanks for the info.

She didn't enter until mid September 2022, does this affect things? I thought the 2.5 year visa started on the valid from date (27/7/22) and as long as there is no substantial absence (more than 6 months per year) then the full 2.5 years is considered as accrued?

Also, I actually submitted the renewal application on September 30th so way too early

Advice on best way forward much appreciated.

[Ticktack]

Thanks for the info.

She didn't enter until mid September 2022, does this affect things? I thought the 2.5 year visa started on the valid from date (27/7/22) and as long as there is no substantial absence (more than 6 months per year) then the full 2.5 years is considered as accrued?

Also, I actually submitted the renewal application on September 30th so way too early

Advice on best way forward much appreciated.

6 months too early definitely based on September to September. For spouse visas, it's the date of entry that counts not the visa issue date.

[elbuttano]

How can we find out the actual visa expiry date? As mentioned above, there is nothing useful in her UKVI online account.

[elbuttano]

I've found this by going into the Your right to work service, it gives the date of 27/4/2025. From her date of entry (16/9/2022) that's 31 months, why the extra month?

So now need to withdraw the visa renewal application.

What do we need to do to ensure she can travel in and out once the BRP expires in December?

[lolo2]

What do we need to do to ensure she can travel in and out once the BRP expires in December?

She needs to register online for an eVisa. The platform will guide along all the process.

Note that all BRP cards will expire on 31-12-2024, but that's only the card expiring, it has nothing to do with the leave of the individual.

[elbuttano]

Thanks. I have one more query. In the process to withdraw the application that we submitted too early, the final page makes you agree to "if I withdraw an application, the fee will not be refunded;" (see image) but surely this is depending on circumstances rather than a blanket fee will not be refunded? (ref: https://www.gov.uk/cancel-visa/get-refund)

[elbuttano]

Hello,

I've read the terms of the refund policy for withdrawn applications (https://www.gov.uk/cancel-visa/get-refund) but upon withdrawing, on the final screen, you are made to agree to a declaration which includes, as the very first item, "if I withdraw an application, the fee will not be refunded;" (see image below)

Is this not really confusing? Why is it stated like that? There are obviously some circumstances where you won't get a refund, for example if they have already given a decision or you've attended biometrics, but it is written here as though nobody ever gets a refund. Please advise as I need to withdraw asap but this point is making me very nervous!

[Korekt]

It would appear they are yet to update the form/page.

The Home Office has done much worse than confuse applicants with conflicting information.

[elbuttano]

I submitted the form to withdraw the application 2-3 weeks ago. Haven't heard anything since. It's a shame there wasn't even a confirmation email to say that the process was initiated and here's your reference number! Lucky I jotted it down (starting ROD..) but where do I put this in to check on the status? Have spent a while trying to find without success. Our issue is we need to travel asap and I'm concerned if we leave the country this might impact things as the application may still be pending.

[elbuttano]

Still heard nothing. Can we travel or will it trigger voiding our application even though we've tried to withdraw it?

[elbuttano]

Update for anyone following along or in future. STILL no refund for our application withdrawn on 14/10. Over 2 months. I called UKVI and they escalated it after 6 weeks, told me to call back if still no refund after another 10 working days. That time also passed so I called back and they have now done a second escalation, I now need to wait another 10 working days before I can call again (7 down already and nothing)

UKVI also gave me the HO complaints email address so I've sent a message there - they aim to reply in 20 working days

It's mega frustrating, almost £4k they are holding onto without any good reason, and zero communication.

[secret.simon]

Have you read the caseworker guidance for processing refunds? Which category do you come under?

[elbuttano]

Have you read the caseworker guidance for processing refunds? Which category do you come under?

Withdrawals. We are perfectly entitled to a refund as we withdrew only a couple of weeks after submitting the application and long before the biometrics appointment which we cancelled. And even if we weren't eligible for a refund, we should have heard something to that effect by now.

I have just spoken to UKVI again and they have escalated for a third time, but seems like a waste of time. Hopefully the complaints team will get back to me as apparently they are able to comment on individual cases unlike the UKVI line.

[elbuttano]

I received the IHS refund on 31/12 so over 11 weeks since submitting the withdrawal. Still awaiting the visa fee refund.

[elbuttano]

Visa fee refund received today, January 10th. Almost 3 months wait for the full refund. Hope this helps someone else in future.