Blogs - Immigration
On 13 October 2023, the UK Government announced a substantial 66% increase in the Immigration Health Surcharge (IHS). Originally set to take effect from 16 January 2024, since a delegated legislation committee of the House of Commons will be debating the draft Immigration (Health Charge) (Amendment) Order 2023 on Wednesday, 10 January at 4.30pm, the IHS fee increase cannot now be implemented any earlier than 31 January 2024.
What Is the Immigration Health Surcharge (IHS)?
The Immigration Health Surcharge, or IHS, was first introduced on 6 April 2015 to ensure migrants contribute to the cost of healthcare provided by the NHS.
The Immigration Health Surcharge is an upfront cost paid alongside the submission of (most) visa applications so that the individual is entitled to have full access to the National Health Service (NHS) whilst in the UK. There is no limit to how much one can access the NHS. Additionally, there is no option to opt out of the Immigration Health Surcharge even if you believe you will not use the NHS or would prefer to pay for private health care.
The Immigration Health Surcharge is normally applicable to individuals applying for permission to enter the UK for six months or more, or for individuals making visa applications from within the UK for any length of time (with the exception of applications for indefinite leave to remain or for applications to naturalise as a British citizen).
The IHS is charged per year and covers the duration of any visa application applied for.
When Do I Pay the Immigration Health Surcharge?
The Immigration Health Surcharge is applicable when making the online visa application. When you are submitting the online visa application you will be redirected to the appropriate Immigration Health Surcharge payment page. The payable fee will be calculated in accordance with the visa for which you are applying for and will amount to the duration of that visa. Please note that this fee is sometimes rounded up and may therefore be higher than expected. Additionally, there is no control on the currency exchange rate used. As outlined in the Home Office Exchange Rate Policy, the exchange is normally 4% above the Oanda live bid rates. After the Immigration Health Surcharge is successfully paid you will be redirected back to the online form to pay the application fee. Additionally, you will be sent a confirmation email which includes the IHS reference number.
When Is the IHS Increasing?
Originally set to take effect from 16 January 2024, since a delegated legislation committee of the House of Commons will be debating the draft Immigration (Health Charge) (Amendment) Order 2023 on Wednesday, 10 January at 4.30pm, the IHS fee increase cannot now be implemented any earlier than 31 January 2024.
What Is the IHS Increasing to and Who Is Affected by This Increase?
The details of the Immigration Health Surcharge increase have been confirmed in the Immigration (Health Charge) (Amendment) Order 2023. The Order needs to be approved by both Houses of Parliament and ratified.
The Immigration Health Surcharge is increasing for students, student dependants, those applying for entry clearance or leave to remain under the Youth Mobility Scheme, and applications made by children under the age of 18 from £470 a year to £776 a year.
For all other relevant immigration categories for entry clearance or leave to remain in respect of persons aged 18 years or over at the date of application the Immigration Health Surcharge is increasing from £624 a year to £1,035 a year. Therefore, when it takes effect, the Immigration Health Surcharge will increase by 66%.
Who Is Not Affected by the Immigration Health Surcharge (IHS) Increase?
There is no IHS for Health and Care workers, visitors, those applying under the EU Settlement Scheme, or for those applying for entry clearance as a Fiance under Appendix FM. Likewise, there is no Immigration Health Surcharge for those claiming asylum or applying for entry clearance or permission to stay under the Ukraine Scheme. Additionally, there is no requirement to pay the IHS for those applying for indefinite leave to remain or for British Citizenship.
Additionally, people who cannot afford to pay the IHS can request a fee waiver if they have credibly demonstrated that they cannot afford the fee.
What Happens if I Do Not Pay the Immigration Health Surcharge?
As stated under paragraph 34(4) of the Immigration Rules, a failure to pay the IHS will result in an invalid application and your application will not be processed. If applying from inside the UK, your application will be rejected within 10 working days, and if applying from outside the UK, your application will be rejected within 7 working days.
Can I Get the Immigration Health Surcharge Refunded?
If you withdraw your application or your application is refused you can apply for a refund of the Immigration Health Surcharge.
Contact Our Immigration Solicitors
For expert advice and assistance in relation to a visa or immigration application, contact our immigration solicitors on 020 8240 9018 or email at ji@jypartnerssolicitors.com.
Blogs - Immigration
If you previously had indefinite permission to enter or stay (settlement) in the UK and this has now lapsed, you may be eligible to return to the UK to settle on the basis of a Returning Resident visa.
An application for a Returning Resident visa must be made from outside the UK.
If your application for a Returning Resident visa is successful, you will be granted entry clearance for settlement in the UK.
Returning Resident Visa Requirements
The requirements that you will need to satisfy in order to be admitted to the UK for settlement as a Returning Resident are:
- You are outside the UK;
- You were previously granted settlement in the UK;
- Your previous settlement in the UK has lapsed due to your absence from the UK;
- You genuinely intend to return to the UK for the purpose of settlement;
- You have maintained strong tries to the UK during your absence from the UK;
- You did not receive public funds towards the cost of leaving the UK (unless applying under the Windrush Scheme);
- Your application does not fall for refusal under the general grounds for refusal;
- You have a valid TB certificate, if required;
- If under 18, you have written consent from either both parents, one parent (if that parent has sole legal responsibility for you) or a legal guardian.
The exact requirements you will need to satisfy in order to qualify for a Returning Resident visa may vary depending on your personal circumstances. You may want to speak to an immigration lawyer for expert advice.
When does indefinite leave to remain or settlement in the UK lapse?
Your indefinite leave to remain will have automatically lapsed by operation of law if you held ILR status but were subsequently absent from the UK for a continuous period of:
- More than 2 years under the Immigration (Leave to Enter and Remain) Order 2000; or
- More than 5 years, if you previously had settlement in the UK under the EU Settlement Scheme; or
- More than 4 years, if you previously had settlement in the UK under the EUSS as a Swiss national or a family member of a Swiss national.
Does a Returning Resident need to have had indefinite leave to enter or remain when they last left the UK?
There is no requirement that an applicant had indefinite leave to enter or remain in the United Kingdom when they last left the UK. Therefore, it remains possible to make an application for a Returning Resident visa even if you visited the UK since your leave lapsed.
How can I demonstrate that I have maintained strong ties to the UK?
As part of your Returning Resident visa application, when assessing whether you have maintained strong ties to the UK during your absence from the UK, the Home Office will consider the following:
- Your family ties in the UK;
- Your property and business ties in the UK;
- The length of your original residence in the UK;
- The length of time you have spent outside of the UK;
- Your reasons for leaving and wishing to return to the UK; and
- Any other circumstances.
Home Office guidance also acknowledges that there ‘may be other compelling or compassionate circumstances’ and confirms that each application ‘must be considered on its individual merits’. Given the various factors, and the discretionary nature of the assessment, you may wish to seek legal advice when considering the evidence that you may wish to rely upon and how best to present it.
Can a Returning Resident be accompanied or joined by a dependent?
Returning Residents cannot automatically bring or be joined by a partner or children on this route. Each family member must qualify as either a Returning Resident, or in some other capacity, in their own right. You will therefore need to consider potential applications that a partner or children may be able to make. You may wish to seek legal advice in this regard.
What if my Returning Resident visa application is refused?
If your application for a Returning Resident visa is refused, there is no right of appeal, but the decision may be open to being challenged by way of an application for Administrative Review.
What if I cannot satisfy the requirements for a Returning Resident visa?
In the event that you cannot meet the requirements to enter the UK as a Returning Resident, but you have previously spent a continuous period of 10 years lawfully in the UK, you may be able to enter on another basis and then submit a Long Residence application.
How Our Immigration Solicitors Can Help
Our immigration team regularly assists foreign nationals whose previous indefinite leave to enter or remain has now lapsed and who now wish to settle in the UK as Returning Residents.
Whether you require expert advice on the requirements of the Immigration Rules for Returning Residents, an independent assessment of your prospects of qualifying for a Returning Resident visa or professional assistance with preparing a Returning Resident visa application or Administrative Review, our immigration solicitors can help.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to Returning Residents as part of a professional and friendly service.
Please contact us at 020 8240 9018 or ji@jypartnerssolicitors.com.
Blogs - Immigration, News
With effect from 20 February 2023, the Priority Visa Service has now resumed for new Marriage and Family Visa applications submitted from outside the UK.
This change means that individuals applying for the following settlement visas can now receive a faster decision on their applications:
- Spouse
- Civil Partner
- Unmarried Partner
- Fiancé(e)
- Proposed civil partner
- Child
- Adult dependent relative
Standard Processing Times for New Marriage and Family Visa Applications
The published service standard for deciding an application from outside the UK to settle in the UK as the spouse, partner or family member of a British citizen or settled person is currently 12 weeks.
However, the Home Office has, for some time, been advising applicants that standard applications for family visas submitted from outside the UK may take up to 24 weeks to process whilst it prioritises Ukraine Visa Scheme applications. This has led to many families being separated in different countries for extended periods whilst waiting for a decision on their UK visa applications.
In a positive development, following a reduction in the backlog of Ukraine Visa Scheme applications, the Home Office has recently announced that, from 3 April 2023, standard marriage and family visa applications will start to be processed within 60 working days.
This means that, from 3 April 2023, individuals applying for a UK visa as the spouse, partner of family member of a British citizen or settled person via the standard service can expect to receive a decision on their UK visa application within 12 weeks.
Priority Visa Service Resumes For New Family Visa Applications
For those who don’t want to wait until 3 April 2023 to apply for a UK marriage or family member visa, or for whom 12 weeks still sounds like a long time to wait for a decision, the resumption of the Priority Service for new family visa applications means that there is now an additional option to receive a quicker decision.
The Home Office is currently advising that new marriage and family visa applications submitted from outside the UK using UKVI’s Priority Service will be processed within 30 working days or 6 weeks from the date of the appointment at the visa application centre. This is considerably longer than the 5 working day Priority Service that is available for other immigration routes, but still an improvement on the standard processing time for a partner or family visa application submitted from outside the UK.
The Priority Service is optional and a £573 fee must be paid in addition to the standard visa application fee.
Applicants should note that not all applications are suitable for the Priority Service. If an application is not straightforward then it may not be possible for the Home Office to meet the 30 working day service standard. If this is the case, then the application will still be put at the front of the queue at every stage of the decision-making process, but a decision within 30 working days will not be guaranteed. Our immigration lawyers can advise you on whether your family visa application is likely to be suitable for the Priority Service.
Applicants may also wish to keep in mind that the “Keep My Passport When Applying” service that is generally available to applicants when applying for a UK visa from outside the UK is not compatible with UKVI’s Priority Service. Therefore, if you apply via the Priority Visa service from outside the UK you will not be able to use the “Keep My Passport When Applying” service.
Contact our Immigration Solicitors
If you have any enquiries about the UK immigration law or visa applications, please contact our immigration solicitors on 020 8240 9018 or submit the enquiry form on our website.
