Can you get a refund for UK visa immigration fees

Fee refund in UK visa process – what it is and when you can get it

A refund is the return of a fee or payment for an immigration or nationality application service. The refund would be for either all or part of the fee paid for an application or service as set out in Home Office regulations, or for an overpayment of the fee. Refunds are important for applicants in business immigration, personal immigration and nationality cases.

This article is based on the Home Office Immigration and Nationality Refunds Policy. Some relevant information on refunds can also be found on GOV UK website cancellation of visa applications and nationality applications.

Ex-Gratia payments are different to refunds and payments made on an Ex-Gratia basis fall outside of the Immigration and Nationality Refunds Policy. Ex-Gratia payments are a form of reimbursement that can go beyond the cost of a fee, such as the cost of flights or hotels. Ex-Gratia payments are made on a case by case basis where there has been maladministration in the handling of an application. There is no definition of maladministration in law but it is generally agreed to be a lack of care, judgement or honesty in the management of something.

Information on the NHS Health Surcharge (IHS) you can find here.

Information on the Immigration Skills Charge (ISC) refund you can find here and more detailed information is here.

Invalid applications

Depending on the type of application, there are specific criteria which must be satisfied in order to make a valid application, including payment of the specified fee. If an application is rejected as invalid it will not be considered by Home Office. In these circumstances where a fee has been paid it must be refunded minus a £25 administrative charge, as specified in the Immigration and Nationality (Fees) Regulations.

Inappropriate/void applications

If an individual submits an application which could never be considered or becomes such during the consideration process, either because of the status they already hold or because of the provisions of law, the application cannot proceed. In these circumstances, the application must be cancelled (voided) and the full fee refunded.

Applications which cannot be processed and are deemed to be void include, but are not limited to:

• applications for limited permission to stay by people who already have settlement in the UK – this may occur where the applicant has misunderstood their residence permit and did not realise that they already have settlement.

• applications for entry clearance or permission to stay by those who are exempt from immigration control, such as members of the home forces or diplomats – exemption is a matter of law

• where an applicant dies and the Home Office is told before the decision is dispatched

Withdrawals

Where an application is withdrawn, the fee paid will only be refunded in the following circumstances:

 • where an application requires biometric data to be taken in order for the application to be considered, and the request to withdraw has been made before biometrics have been submitted – the refund will include the Priority Visa (PV) or Super Priority Visa (SPV) fees, if they have been paid and the £19.20 biometric enrolment fee for in country applications where this has been paid

• where an application requires documents to be submitted at an application centre and the application is withdrawn prior to attendance at an application centre

• where the application is being made using the UK Immigration: ID Check app (AUK2) and the application is withdrawn before the applicant has clicked the ‘confirm and upload’ button to either upload their supporting evidence or confirm that they have no evidence to upload

• where an application is being made using UK Immigration: ID Check app (AUK2) and the applicant has not clicked the ‘confirm and upload’ button, the application is withdrawn before the specified period for submitting evidence has lapsed

• where an application that does not require biometric data to be taken or attendance at an application centre, and the application is withdrawn within 7 calendar days of the application being submitted

• where a citizenship ceremony fee has been paid and the citizenship application is withdrawn prior to a ceremony being arranged, the ceremony fee will be refunded

Variation of immigration applications

Where an application is made and a further application is submitted that has the effect of varying it, the fee for the first application must be refunded. For guidance on varying applications, please see the document titled Applications for leave to remain: validation, variation and withdrawal.

Where the Secretary of State varies an application for Indefinite Leave to Remain (ILR) to an application for permission to stay, the fee paid for the ILR application will not be refunded – this includes where permission to stay is rejected due to non-payment of the Immigration Health Charge.

Refused applications

Where an application has been considered by the Home Office and is refused, the fee paid will not be refunded. Where an application for citizenship is refused, fees for a citizenship ceremony will be refunded.

Citizenship ceremonies – special circumstances

A refund will be made where the Home Office disapplies the requirement to make a citizenship oath and pledge at a citizenship ceremony because of the special circumstances of the case.

Administrative reviews

Where an administrative review results in the decision under review being withdrawn, any fee paid for the administrative review will be refunded.

The only exceptions are where the application for administrative review is being considered under Appendix AR (EU), or the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 and the original decision is withdrawn solely on the basis of Page 12 of 21 Published for Home Office staff on 06 April 2022 new evidence. In these circumstances the fee paid for the administrative review will not be refunded.

Reconsiderations

Where an application for a certificate of registration or naturalisation, or for a certificate of entitlement, has been refused and is subsequently overturned following a reconsideration, the fee paid for the reconsideration will be refunded.

Biometric enrolment fees

Where a biometric enrolment fee has been paid in addition to the visa application fee, but either:

• enrolment of fingerprints is required, but has not taken place

• the applicant is required to provide a facial image and has not provided it and the application subsequently withdrawn, a refund of the biometric enrolment fee must be made. Where either:

 • fingerprints (where required) have been enrolled

• an existing enrolment has been used and a facial image has been provided no refund of the biometric fee will be provided.

Withdrawn and revoked status within in the UK

Where permission to stay or citizenship has been granted and is subsequently revoked by the Home Office or renounced by the applicant, no refund will be issued.

Certificate of Sponsorship and Confirmation of Acceptance of Studies

The fee charged for issuing a Certificate of Sponsorship (CoS) or Confirmation of Acceptance for Studies (CAS) will not be refunded to the sponsor if the sponsor has subsequently surrendered its licence, or had its licence revoked, before the CoS or CAS was used in an immigration application. The only exception is where a revoked licence is later reinstated, and the unused CoS or CAS expired during the period in between the revocation and the reinstatement of the sponsor licence, in which case a refund of the CoS or CAS fee may be issued.

If a Certificate of Sponsorship (CoS) or Confirmation of Acceptance for Studies (CAS) is cancelled or withdrawn no fee will be refunded.

Exceptional circumstances

In most circumstances, the information set out within this policy will be sufficient for a decision to be made on whether it is appropriate to refund application fees paid. However, nothing in this guidance is to fetter the decision maker’s discretion to issue a refund of fees paid where there are genuinely exceptional and compelling reasons to do so. For example, global travel restrictions brought about by a pandemic or catastrophic event, where other, specific arrangements have been agreed by the Home Secretary or minister appointed by her.

Refunds for additional services Priority Visa (PV) and Super Priority Visa (SPV)

Application is excluded from the Service Level Agreement (SLA) due to being assessed as complex. In such cases the Home Office normally does not refund the priority or super priority fee paid by applicant. This is why Applicants have to consider beforehand if their application may be considered as complex (e.g. due to immigration history, criminal offence(s), or other matters).

Excluded from the SLA due to the customer not supplying required information in time for the application to be considered within the SLA (this would not include invalid cases or submitting biometrics)

Sponsor licence premium service

A fee may be paid to expedite the processing of an employer sponsor licence application. Where an expediting fee is paid, a refund of the expediting fee will only be made in the following circumstances:

• Applicant withdraws their application before they have submitted their mandatory documents.
• Applicant does not submit all mandatory documents within the specified timescale.
• Home Office is unable to process the application within the expedited SLA due to the application being complex.
• Home Office not able to process the application within SLA due to Home Office error.
• Sponsorship application invalid.

Triggers for considering a refund

The Home Office caseworker may decide that a refund is required for the following reasons:

• the application is invalid and cannot be processed, for example because biometrics have not been provided

• the application is inappropriate or becomes void during processing In these circumstances, a refund must be provided if it meets the criteria set out in this policy. If a caseworker realises a mistake has been made (for example a passport has been damaged) and an ex gratia payment is required rather than a fee refund, the caseworker must consult the Complaints Ex Gratia unit before deciding what action to take

The Applicants might request a refund of their application, Priority or Super Priority fee for several reasons, for example if they believe that:

• their application has not been considered within the service level agreement (for Priority and Super Priority applications)

• they have been incorrectly advised by a member of Home Office staff

• they have withdrawn their application

• maladministration by the Home Office

• the product provided is not what the applicant applied for A refund of the fee paid should be considered in these cases and only issued if it meets the criteria in this policy.

The customer might request a refund of their application, Priority or Super Priority fee for several reasons, for example if they believe that:

• their application has not been considered within the service level agreement (for Priority and Super Priority applications)

• they have been incorrectly advised by a member of Home Office staff

• they have withdrawn their application

• maladministration by the Home Office

• the product provided is not what the applicant applied for A refund of the fee paid should be considered in these cases and only issued if it meets the criteria in this policy.