Hi, Just letting you all know I have (well my children really) submitted their documents today at the VFS. To give you a background on my case they are applying for Indefinite Leave to Enter in accordance to Immigration Rules Part 8 Paragraph 297 - Leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom. We have encountered several hiccups, first we were required to fill in Appendix 2 VAF4A as this was not filled in, VFS did not accept my children's application and insisted I did, I asked my friend who accompanied my children to speak to the Manager and say I don't need this as my solicitor said this is not applicable to me. Because minimum income threshold was implemented 2012 and I was before that. The next hurdle we encountered was VFS insisted on me paying Immigration Health Surcharge, again this is not applicable as we were applying for Indefinite Leave to Enter the UK. Needless to say it was a very stressful submission as whoever was in the counter thinks that "one size fits all" checklist and if you deviate on that checklist they won't accept it. I ask my friend to get the manager's number as I would speak to her and surprise surprise she backed down and said that it seems I know the Immigration Rules more than they do (well I don't I was only informed and advised by my solicitor). So they didn't had any choice but to accept it and pass it on to the UK Embassy. I am just sharing my experience as someone may be in the same boat as I am and is/are due to submit their documents, I hope I was able to impart some useful information. Oh and by the way they said it could take about 90 days before a decision is made about my children's application, fingers crossed were hoping for a positive outcome after this hurdles.
Hi Joyce, it means you did not pay the health surcharge? Me I applied for settlement visa for my son but I did pay the health surcharge as well. You think I made a mistake paying the surcharge? Do I need to ask for refund?
Hi Iryn, Sorry for my late reply, that depends on what type of visa you have filed for your son. My husband and I applied for an Indefinite Leave to Enter as they are being assessed based on my status (I got ILR 2006 and naturalised 2009). Because we are applying for ILE/ILR, my solicitor advised me that I don't need to pay for their health surcharge and this is also according to www.gov.uk When you don’t have to pay or get an IHS reference number You don’t need to get an IHS reference number or pay the healthcare surcharge if: you’re applying for a visitor visa you’re applying for indefinite leave to remain you’re a diplomat or a member of a visiting armed forces and not subject to immigration control you’re a family member of a European national with European Union treaty rights you’re applying for a visa for the Isle of Man or Channel Islands you’re a British Overseas Territory citizen resident in the Falkland Islands you’re an asylum seeker or applying for humanitarian protection (or you’re their dependant) you’ve been identified as a victim of human trafficking (or you’re their dependant) the Home Office’s domestic violence concession applies to you (or you’re their dependant)) being made to leave the UK would be against your rights under Article 3 of the European Convention of Human Rights (or you’re their dependant) you booked a visa premium service centre appointment before 6 April 2015 (even if your appointment is after 6 April) You’ll be able to use the National Health Service (NHS) if you’re exempt from paying - except if you’re on a visitor visa (you’ll have to pay for care you get through the NHS at the point you use it). You’ll have to pay the healthcare surcharge if you applied for indefinite leave to remain but are only given limited leave. You’ll be told by UK Visas and Immigration if this happens. Hope this helps. Joy
Further to my post, those who applied who are subject to immigration control will need to pay Immigration Health Surcharge (IHS).
Thanks joy I'll find out how to apply for refund. Do I need to ask for refund now or I will wait after he had the visa screen? Thanks
I would say wait until you get his visa, because they may issue a visa that is different from what you have applied for. For example you applied for Indefinite Leave to Enter/Remain and they only issue or was granted limited leave, hence payment is still required, however (fingers crossed) if he gets an ILR/ILE then by all means apply for a refund. I don't think there is a time limit on how soon you can get a refund. I take it you applied for Indefinite Leave to Enter/Remain? Hope this helps.
