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No, you will not get the surcharge fee back. It is your choice to apply for ILR under 10 years long residence not HO's. The health surcharge is not payable for ILR applications.I will be applying for ilr end of the year, would i get my nhs contribution refunded? Does one have to pay nhs cost again for ilr?
If this happens, you would need to find a visa that you qualify for or your spouse would need to appeal if appeal right is given. HO do not make exceptions because 'you are almost at 10 years'.Finally, if for any reason visa isn't granted it which should not be the case, what options would we have? I have been here 9.5 years and would i loose my right for ilr for sake of few month?