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Most immigration and nationality applications, whether made inside or outside the UK, require payment of a fee.
United Kingdom Immigration To print this article, all you need is to be registered or login on Mondaq.com.Most immigration and nationality applications, whether made inside or outside the UK, require payment of a fee. If you have paid a fee, you may later wish to seek a refund. This post sets out the circumstances in which you may be eligible for a refund of your UK visa application fee, and if so, how you can apply for a UK visa application fee refund.
Please note that this post does not cover refunds of the Immigration Health Surcharge or Immigration Skills Charge, though these will be the subject of an upcoming post.
The Home Office has a general power to refund any UK visa or immigration application fee. Paragraph 13D of the Immigration and Nationality (Fees) Regulations 2018 (as amended) sets out that "The Secretary of State may refund any fee, or any part of a fee, paid under these Regulations." In some circumstances, the Home Office may even have a legal obligation to issue a refund.
However, if you have made a valid UK visa or immigration application, which the Home Office has considered and then either granted or refused, the general position is that it will not refund your application fee.
So, when can you receive a refund of a UK visa application fee?
There are several situations in which you must receive a refund of your UK visa application fee:
If you withdraw your application, you may be able to get a fee refund, but this depends on the timing of your withdrawal. You will be eligible for a refund if you withdraw your application before the relevant deadline as set out in the table below:
Type of application | Deadline for withdrawal |
Application requires biometric data to be submitted | Before submitting biometrics (if you have paid Priority Visa or Super Priority Visa fees, or an in country biometric enrolment fee, these will also be refunded) |
If you fail to submit biometrics within the specified period, you will not be eligible for a refund if the Home Office has gone on to process your application
Withdrawing your application must be done in accordance with the relevant rules and guidance. Please see further information on the government's website.
If you submit a further immigration application that has the effect of varying your initial application, the application fee for the first application will be refunded.
According to the Home Office's guidance, a refund of fees for Priority and Super Priority service may be sought "where the applicant has taken necessary steps to complete their application, but the application has not been considered within the published timescales".
In practice, if your application is not processed within the timescale promised, then whether or not you are entitled to a refund will likely depend on the complexity of the application.
Application Type | Priority service | Super Priority service |
Assessed by Home Office as non-complex | Priority fee fully refunded | Either Super Priority fee fully refunded; |
Or, if the application is processed within the Priority timescale (but not the Super Priority timescale) - then the difference between the Super Priority fee and the Priority fee refunded
If your application is determined within the published timescale, but the decision is not communicated to you (if your application was made within the UK) or you are not notified that the decision is available for collection (if your application was made outside the UK), your full Priority or Super Priority fee will be refunded.
If you have not supplied required information in time for the application to be considered within the published timescale, you will not be eligible for a refund.
You will not get a refund where:
If your application for British citizenship is refused, and you have already applied for a citizenship ceremony, the fee for the ceremony will be refunded. A refund will also 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.
If you withdraw an application for citizenship but have already paid the ceremony fee, this will be refunded so long as the ceremony has not yet been arranged.
If you have submitted your application, but have not yet provided your biometrics or uploaded your documents, you should withdraw your application in order to obtain a refund. You can do this by doing the following:
Please note, however: if your leave is extended by virtue of section 3C of the Immigration Act 1971 whilst your application is pending, the withdrawal of the application will likely bring the extension of your leave under section 3C to an end, rendering you an overstayer. If you think you may be in this situation, it would be sensible to proceed with caution and to seek legal advice before trying to obtain a refund.
If you have already provided your biometrics or uploaded documents, but are entitled to a refund for some other reason, this should in theory be granted automatically. If a Home Office caseworker spots that your application is invalid or void, they must provide a refund, even if they have not received a specific request from you or your immigration adviser.
The Home Office does not publish information on how long it will take to grant an immigration application fee refund. If you have requested an application fee refund and are waiting for a response, you may wish to contact UKVI to ask for an update. Alternatively, you may wish to speak to one of our barristers to discuss whether you are due a refund.
In making an immigration or nationality application, you may incur a range of costs beyond the application fee.
If you have paid the Immigration Health Surcharge or Immigration Skills Charge, there are separate rules and procedures governing if, and how, you can obtain a refund. These will be the subject of a further post.
If the Home Office has made a mistake in handling your application, and you feel you deserve to be reimbursed for costs other than your application fee (for example the cost of flights, hotels, or replacing lost documents), you can make a complaint, and you may be awarded an Ex-Gratia payment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.