NHS Refund for newly British Citizen

[BritCit]

Hi,

(apologies if this is not the correct place to post this)

Here is my story:

I entered the UK under an Ancestral Visa (through my Grandmother who lives in the UK). I have been living in the UK since Sept 2016 and paid the NHS surchage for the 5 years of the visa duration.

It turns out I actually should have recieved my citizenship through decent from my Mother, i applied and was successfull. In Feb 2018 I recieved my UK Passport.

I am wondering if i can get a refund for the NHS surchage for the difference of the of 3.5 years that I have paid for the NHS.

If i can, please help and point me in the right direction of whom to contact.

Thanks in advance

[alterhase58]

https://www.gov.uk/healthcare-immigrati ... on/refunds

Although it doesn't mention naturalisation, it does however say that you won't get a refund for applications which don't need NHS Surcharge.

Quote:
You won’t get a refund if:
your visa application is successful but you don’t come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you don’t need to pay the IHS

[cyclina1]

https://www.gov.uk/healthcare-immigrati ... on/refunds

Although it doesn't mention naturalisation, it does however say that you won't get a refund for applications which don't need NHS Surcharge.

Quote:
You won’t get a refund if:
your visa application is successful but you don’t come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you don’t need to pay the IHS

This is just a ripped off!!!!

[BritCit]

https://www.gov.uk/healthcare-immigrati ... on/refunds

Although it doesn't mention naturalisation, it does however say that you won't get a refund for applications which don't need NHS Surcharge.

Quote:
You won’t get a refund if:
your visa application is successful but you don’t come to the UK
you leave the UK before your visa ends, for example to make a new application
you’re told to leave the UK before your visa expires
you’re applying for indefinite leave to remain or changing to another visa where you don’t need to pay the IHS

Thanks for the response:

Yeah, I did see that clause, however; as I havent changed to another visa I dont see how this clause can be applied to my case.

Does anyone have any advice on how to proceed?

[secret.simon]

Although it doesn't mention naturalisation, it does however say that you won't get a refund for applications which don't need NHS Surcharge.

You won’t get a refund if:
...
you’re applying for indefinite leave to remain or changing to another visa where you don’t need to pay the IHS

I concur with alterhase58. The way I interpret the paragraph is that if your circumstances change to one that does not require IHS to be paid (such as ILR or <<my interpretation>> moving to an application under the EEA Regulations or acquisition of British citizenship), that will still not lead to a refund of the IHS already paid. The only listed grounds for an IHS refund are if either your application is not granted or was withdrawn; i.e. your initial application did not succeed at all.

Be that as it may, the Secretary of State does have the discretionary power to give a refund under any circumstance. Obviously that discretion is not exercised nilly-willy. But you have nothing to lose and everything to gain by making a polite case for a refund, if need be, outside the rules, as you acquired your British citizenship without having gone through the entire immigration process. Furthermore, in your case, going through the immigration process would not have been required anyway.