Immigration Health Surcharge FAQ

Immigration Health Surcharge FAQ

The UK Government is increasing the immigration Health Surcharge to be paid by overseas nationals looking to enter and stay in the United Kingdom (UK). In our Immigration Health Surcharge FAQ blog, we outline the nature of the changes and the reasons given for the increase and answer other frequently asked questions,

What are the Immigration Health Surcharge changes?

On 8 January 2019, the Immigration Health Surcharge (IHS) will increase by £200 to £400 per year for non-European Economic Area (EEA) nationals seeking to enter the UK for over 6 months.

The surcharge will also double for non-EEA students and Tier 5 (Youth Mobility) visa applicants from £150 to £300 per year.

How is the Immigration Heath Surcharge calculated?

If the applicant applies for a Tier 2 work for visa for a term of 3 years, the applicant will incur a surcharge of £1,200. Students on the other hand can expect to pay £300 per year.

When was the Immigration Health Surcharge introduced?

On 6 April 2015, the UK Coalition Government introduced the IHS for EEA nationals seeking to live, work and study in the UK for over 6 months. The purpose of the surcharge was to raise funds for the National Health Service (NHS) from overseas nationals in the UK,

In addition to visa application fees, non-EEA nationals were required to pay a surcharge of £200 per year, before the increase, for each year of the length of their visa, payable at the time of the submission of the application.

Students on the other hand were expected to pay £150 per year, prior to the increase.

Why was the Immigration Health Surcharge introduced?

At the time of the introduction, the Government said:

‘Currently non-European nationals coming to work, study or join family members receive free medical treatment under the UK’s NHS in the same way as a permanent resident.’

The Government also quoted Charles Hay, UK Ambassador to South Korea, who said:

‘We, of course, recognise the very valuable contribution that Koreans who come the UK to study and work make to the wider economy and so have deliberately kept the surcharge at a competitive level – lower than most private health insurance policies.’

Unfortunately, the Government neglected to recognise that, not only do non-EEA nationals pay high visa application fees which go towards the State, rather than directly to the Home Office, but that many overseas nationals contribute to the State and NHS by way of income tax.

What are the Immigration Health Surcharge benefits?

In exchange for payment of the IHS, visa nationals will be allowed to access NHS services. The UK Government argues that the surcharge represents good value for money to non-EEA nationals, carrying a lesser fee than some private medical insurance policies.

Why is the Immigration Health Surcharge being increased?

In October 2018, the UK Government asserted that the National Health Service (NHS) received £600 million from the IHS since April 2015. It is projected that IHS increase could rise an extra £220 million for the NHS.

Home Office Immigration Minister Caroline Nokes said:

‘Our NHS is always there when you need it, paid for by British taxpayers. We welcome long-term migrants using the NHS, but the NHS is a national, not international health service and we believe it is right that they make a fair contribution to its long-term sustainability.’

The Minister added,

‘It is only fair that people who come to the UK make a contribution to the running of the NHS, and even with the increase we still continue to offer a good deal on healthcare for those seeking to live in the UK temporarily.’

Overseas nationals working in the UK will still be expected to make National Insurance contributions from their UK salary and pay income tax.

Yet, perhaps the Government also wishes to minimise any shortfall in tax receipts resulting from the UK’s departure from the European Union from April 2019.

How is the Immigration Health Surcharge payment made?

Payment is made online at the time of submission of the visa application, and prior to the visa biometric appointment.

When submitting the visa application, the overseas national will be directed to a separate portal where the IHS will need to be paid. Once completed, the applicant will be issued with an IHS reference.

It will not be possible to submit the application unless the IHS has been paid in full.

Will the Home Office send an Immigration Health Surcharge email?

In some limited circumstances, such as an Ancestry dependant visa applications, payment of the IHS may be requested by the Home Office at a later.

If so, the Home Office will communicate this to the applicant, via email. If so, the applicant must make payment of ant outstanding surcharges within 7 working days if applying from outside of the UK, and 10 working days if applying from within the UK.

Will the Home Office issue an Immigration Health Surcharge refund?

If the visa application is refused, applicants will receive a refund of the IHS. This does not mean that the applicant will receive a refund of the visa application fees in the event of a refusal.

Refunds are also automatically paid if the applicant mistakenly incurred the surcharge twice.

The Home Office states that refunds are normally paid within 6 weeks of the application outcome, though from experience refunds are processed much sooner.

If the refund is not received within the 6 weeks’ timeframe, contact should be made with the Home Office.

What is an Immigration Health Surcharge partial refund?

An overseas national applicant will automatically get a partial refund where the surcharge was paid for a longer period that they were granted leave for.

Are visitors required to pay the Immigration Health Surcharge?

The surcharge will not apply to overseas travellers entering the UK for less than 6 months or those seeking indefinite leave to remain.

Conclusion

The UK Government has doubled the Immigration Health Surcharge payable by non-EEA nationals in order to raise additional funds for the National Health Service.

In exchange, overseas nationals travelling to the UK for over 6 months will have access to national health services. Nevertheless, as set out this Immigration Health Surcharge FAQ blog, overseas nationals will need to factor in this cost, in addition to any visa application fees and relocation costs.

Further, there are number of practical considerations, set out in the Immigration Health Surcharge FAQ blog that non-EEA nationals may wish to bear in mind when taking forward their visa applications.

—————————————————————————————————————-

Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration offer immigration assistance to individuals, families and organisations.

Liked this blog?

You might also like:

Call to action

Need straightforward immigration advice or assistance with a visa application?

Contact us at [email protected] to arrange a consultation or to request assistance. You can also learn more about UK immigration from our blogs.

Ancestry visa refusal

ancestry visa refusal

A UK ancestry visa can be a fantastic tool for a Commonwealth citizen to secure long term entry to the UK. Yet there are some pitfalls that need to be avoided to prevent an ancestry visa refusal.

Advantages

The ancestry visa allows a Commonwealth citizen, with ancestral links to the United Kingdom (UK), to live and work in the UK for 5 years. The visa may be extended for a further 5 years, to a total of 10 years and provides a route to citizenship.

Crucially, family members may travel to the UK also, and unlike a Tier 2 highly skilled work visa for instance, the ancestry visa offers flexible employment. As such, the holder is not attached to a particular sponsoring company or to a particular role.

In order to understand how to avoid an ancestry visa refusal, let’s first look at the requirements to be met by an applicant, what they each mean, and note the pitfalls to be avoided.

Requirements

To secure an ancestry visa under paragraphs 186 -193 of the Immigration Rules, the applicant must demonstrate that they are:

  • A Commonwealth citizen
  • Aged 17 or over
  • In possession of proof that one of their grandparents was born in the UK and islands (Guernsey, Jersey or Isle of Man), Republic of Ireland before 31 March 1922, or on a British-registered ship or aircraft
  • Able to work and intends to take or seek employment in the UK
  • Able to maintain and accommodate themselves and any family members while in the UK without the need to claim or seek public funds

Ancestry visa refusal

There is an added need to prepare a strong application at the outset, not only to save time and costs, but also because UK ancestry visa applications no longer carry a right of appeal. Instead an applicant must ask for the Home Office to review their decision to refuse the application, if the applicant believes that the initial decision was incorrect.

To avoid an ancestry visa refusal, it may help to look at each of the visa requirements in detail.

A Commonwealth citizen

The applicant must be a Commonwealth citizen at the date of the application. Therefore, if the applicant held another nationality at the time of their birth and later acquired Commonwealth citizenship, this will not lead to an ancestry visa refusal.

Aged 17 or over

This is self-explanatory. The applicant may apply for an ancestry visa when they reach the age of 17 years.

Proof of ancestral links

The applicant must evidence that they have a grandparent born in one of the following circumstances:

  • In the UK, including the Channel Islands and the Isle of Man
  • Before 31 March 1922 in what is now the Republic of Ireland
  • On a British-registered ship or aircraft

Our last client to secure an ancestry visa was a New Zealand national, whose paternal grandfather was a British citizen born in the UK. To evidence his grandfather’s circumstances, the client was advised to submit his grandfather’s original birth certificate, his father’s and his own original birth certificates.

Prior to submitting the application, we carefully cross-referenced the documents to ensure that the documents evidenced a clear link between the client, his parent and his paternal grandfather. Failure to make sure that the documents clearly shows an ancestral link will likely lead to an ancestry visa refusal.

It is not strictly necessary for the applicant to submit their parents’ or grandparents’ marriage certificates as the requirement applies whether the applicant or applicant’s parents, were born within or outside of marriage in the UK. That said, a marriage certificate will prove beneficial where a grandparent or parent had changed their name through marriage, or for another reason, to clearly evidence the familial links.

The document does not need to be in pristine condition, but they must be originals, legible and in English or translated into English.

Adoption

Where the applicant or their parent is adopted, the applicant will need to adequately prove:

  • They have been adopted by someone who has a parent born in the UK; or
  • That one of their parents was adopted by someone born in the UK; or
  • Their grandparents by birth (blood grandparents) were born in the UK

As part of the application, the applicant must provide their legal adoption paper to demonstrate that the adoption process was properly completed and valid.

Step-parents

Conversely, we had a client who wished to apply for a UK ancestry visa because their grandfather, on his step-father’s side, was born in the UK. In that case, we advised the client that he would likely receive an ancestry visa refusal. Unfortunately, UK ancestry cannot be claimed through step-parents. Instead, we advised the client about alternative visa options.

Able to work and intends to take or seek employment

Under paragraph 186(iv) of the Immigration Rules, the applicant says an applicant must be able to work and intend to take up or seek employment in the UK. This seems to cause some confusion amongst clients, which is justified given that a number of applications are refused for failure to meet this requirement.

For an applicant to meet this requirement, they must evidence that:

  • They have a job in the UK; or
  • They genuinely intend to look for a job and are realistically able to do this; or
  • They genuinely intend to become self-employed and are realistically able to do this.

Therefore, in order to secure an ancestry, visa the applicant only needs to demonstrate that they are able to work and genuinely intend to seek employment. If the applicant has an offer of employment from a UK company this will likely strengthen the application. The application will also be strengthened by a well-produced and genuine business plan, where the person intends to become self-employed in the UK.

If there are any medical conditions preventing the applicant from working, or there are other factors likely to prevent them from working, then the application will fail. That said, a person cannot be refused an ancestry visa due to their disability alone.

Maintain and accommodate themselves and family members

Under paragraph 186(v) of the Immigration Rules, the applicant must evidence that they can adequately maintain and accommodate themselves, and any dependant family members, in the UK without the need to seek State funds.

The applicant will be expected to submit bank statements and proof of accommodation in the UK. No specified minimum funds have been listed in the guidance.

Each application is looked at on a case-by-cases basis. Funds must be sufficient, certainly until the applicant generates an income, and if there are dependant family members, there must be enough funds to look after the family unit.

What next?

Once the applicant has properly completed the online ancestry visa application form and gathered the requisite documentation, the application may be submitted and any Immigration Health Surcharges paid. The applicant is then ready to book their biometric appointment at the overseas visa application centre.

There are different processes depending on the visa application centre location and the third party in charge of that centre, but in essence, the applicant will need to provide their biometric data and documents at the centre.

The applicant’s documents will be forwarded to the Home Office’s Decision Making Unit for processing and a decision will normally be communicated within approximately 3 weeks.

The Home Office will decide each case on its own merits so it is critical for an applicant to evidence how they meet the requirements as it applies to their circumstances.

Conclusion

UK ancestry visas hold many benefits for Commonwealth citizens with UK ancestral links. However, those links must be properly evidenced and the wider immigration requirements must be met. By understanding the requirements, and possible pitfalls, an applicant can avoid receiving an ancestry visa refusal.

—————————————————————————————————————-

Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration offer immigration assistance to individuals, families and organisations.

Liked this blog?

You might also like:

Call to action

Need straightforward immigration advice or assistance with a visa application.

Contact us at [email protected] to arrange a consultation or to request assistance. You can also learn more about UK immigration from our blogs.