INS/NHS surcharge Exemption error

[nevilleturel]

Hi,
I just completed the first part of my application and went on the external link to pay the IHS surcharge.
But on the site, it said that I am exempted from the NHS surcharge.
I am not qualifying for any exemptions to my knowledge.
I have applied under the family category as a parent and this is my first application outside of the UK under this category. Is there a glitch in the system currently?
I am applying form India to come to the UK
I was wondering if anyone else faced a similar issue.
Or would anyone have info on this?
thanks.

[AmazonianX]

Hi,
I just completed the first part of my application and went on the external link to pay the IHS surcharge.
But on the site, it said that I am exempted from the NHS surcharge.
I am not qualifying for any exemptions to my knowledge.
I have applied under the family category as a parent and this is my first application outside of the UK under this category. Is there a glitch in the system currently?
I am applying form India to come to the UK
I was wondering if anyone else faced a similar issue.
Or would anyone have info on this?
thanks.

Reading this first time. Probably a glitch because even no clarity yet on the exemption for NHS workers and their dependents.

[seagul]

Hi,
I just completed the first part of my application and went on the external link to pay the IHS surcharge.
But on the site, it said that I am exempted from the NHS surcharge.
I am not qualifying for any exemptions to my knowledge.
I have applied under the family category as a parent and this is my first application outside of the UK under this category. Is there a glitch in the system currently?
I am applying form India to come to the UK
I was wondering if anyone else faced a similar issue.
Or would anyone have info on this?
thanks.

So far the only known glitch is where none-British children gets exemption from IHS whereas for an adult another reason could be of applying a fiancee visa erroneously.

[nevilleturel]

The visa category is correct.
On the IHS summery its show settlement visa route? should it be a family visa route?
and it says "Child or Other Dependent of Settled Person" - and I never selected this category, neither I could change it.
I am pretty sure the system dint allow me to change this category.
but on my application form, it says "Parent of a child under the age of 18 who is a British citizen or settled in the UK"
Also, the application is locked at this stage, all I can do is pay the fees and move on to doc upload.
The only other reason i can think of is they are not allowing applicants to pay IHS first since from Oct the fees are going to change. They might charge me IHS when I actually book the appointment. that's the only reason I can think off.

[AmazonianX]

The visa category is correct.
On the IHS summery its show settlement visa route? should it be a family visa route?
and it says "Child or Other Dependent of Settled Person" - and I never selected this category, neither I could change it.
I am pretty sure the system dint allow me to change this category.
but on my application form, it says "Parent of a child under the age of 18 who is a British citizen or settled in the UK"
Also, the application is locked at this stage, all I can do is pay the fees and move on to doc upload.
The only other reason i can think of is they are not allowing applicants to pay IHS first since from Oct the fees are going to change. They might charge me IHS when I actually book the appointment. that's the only reason I can think off. Will not even come into thoughts that HO will go on such a pathway for revenue purposes.
The hint could be in the summary especially the aspect of Child or other dependent of a settled person.
You may want to start a new application or try again to amend the options selected as per route.

[nevilleturel]

Hi, I thought this is quite interesting. So i did the whole application again.Checked everything.
The same exact result and the same catogeris. there is no mistake from my side and there is no glitch.
Either I am really exempted which is bizzare or I have to pay this amount later at the appointmet stage.
The only exemption is when you apply for an ILR but i will apply for this after 5 years. Maybe there is an exemption is you are on this route. but its not mentioned anywhere.

[CR001]

Ukvi will likely email you to pay the IHS.

You can't pay at your appointment as the IHS has nothing to do with VFS biomterics. VFS is a third party agent.

[nevilleturel]

Ukvi will likely email you to pay the IHS.

You can't pay at your appointment as the IHS has nothing to do with VFS biometrics. VFS is a third party agent.

Maybe the HO can take it from my NI contribution after all !!
Yes, I figure someone will get in touch cause the customer care has no access to specific cases and neither does VFS at least that's what they say. in other words, no one can help at this point.
if no one get in touch and i do get to appointment stage i will simply declare as part of my visa application statement that I haven't paid the NHS yet and it shows as exempt. after all I do have an IHS number.

[CR001]

Maybe the HO can take it from my NI contribution after all !!

Lol, not likely.

You can of course pay the IHS separately on the IHS page

[Kantakitano]

Hello All,
I have completed the online part on 20 August 2020 as well and to my surprise, I didnt have to pay the health surcharge! I only got a reference number which allowed me to go forward with my application. The only thing I thought could be the reason is I used to live and work in the UK and I have a national insurance number.

[AmazonianX]

Hello All,
I have completed the online part on 20 August 2020 as well and to my surprise, I didnt have to pay the health surcharge! I only got a reference number which allowed me to go forward with my application. The only thing I thought could be the reason is I used to live and work in the UK and I have a national insurance number.

Having an NI number already would not exempt you form the NHS surcharge, do keep the money ready as you will be contacted along the line for payment.

[nevilleturel]

I have made my application and submitted the passport. And nothing yet.
I truly hope that there is an exemption. I believe that is highly unjust to make immigrants pay more tax or double for the same year than citizens. Let's see what happens.

[seagul]

I have made my application and submitted the passport. And nothing yet.
I truly hope that there is an exemption. I believe that is highly unjust to make immigrants pay more tax or double for the same year than citizens. Let's see what happens.

Apart of the tier 2 NHS workers, there is almost none who is currently exempted from paying the IHS. Therefore, better to earmark the equivalent funds with you to mitigate any inconvenience which might arise at later.

[nevilleturel]

Ok so here is a proper update on what happened in my case and what to do if you face this similar issue with IHS payment.

- ther might be a case where for whatever reason/error you are exempted from paying the IHS surcharge, in such a case carry on with your application.
- pay the visa fees, book an appointment and submit your passport
- aprox 3 days later I received an email with a corrected link to make the IHS payment. This link is called the "access key" and is sent from their Sheffield office not your British high commission in the respective country. NOTE IMPORTANT[/highlight][/highlight][/b] - please bear in mind that the link is temporarily. its will expire if you go to the payment page and for whatever reason cacnel the payment.
I didn't know this as it's not mentioned anywhere in their 20 line email. (shocking)
- you have a seven day period to make this payment (conveniently in this case since you are the immigrant 7 days is not 7 working days but 7 calendar days)
- if you, unfortunately, cancel the link by mistake as I did. Then I recommend you follow up on it by sending an email or calling their really cheap customer service that the Home office so generously provide. A call will be a logger and the issue will get escalated. After 3 separate calls/complaints if not resolved the matter gets further escaleted to their managers.

I thought of detailing this as I dint find any conclusive relevent information on this specific case, as there is limited clarity on this.

[nevilleturel]

On a separate note,
To the moderators and ones who are well informed on the intricacies of the IHS surcharge.

I am still very curious to know more about the double charge on immigrants who have work permits on their visa. All work permit holders weather the pay IHS or not will contribute to the UK tax system and the NHS even if they don't use it. The vast majority of "immigrants" (i am beginning to dislike this word now) cant have access to public funds or can afford not to work and live in the UK. So the question of work permit holders taking advantage of NHS simply does not arise. It might be a different matter for depends and other visa categories. Additionally work permit holders bring in Foreign investments, contribute to the local economy and increase the tax pool in the country. Despite this, the UK government slams the IHS charge on 'immigrants'

So how come since 2015 no one is really questioning this double tax on immigrants who hold work permits. especially if you consider the payment amount as a one time payment, the economic disparities between countries and most importantly currency valuation disparity since GBP has one of the highest currency indexes.

[vinny]

See also IHS Briefing.

[nevilleturel]

See also IHS Briefing.

Hi, thanks. I am familiar with this. The long drawn out report only justifies IHS.
It does not systematically address Doubble taxation. at all.

it simply states this few lines
"Some people object to the IHS on principle, arguing that the charge represents double taxation for temporary migrants who, like other UK residents, already contribute to the NHS through regular taxes. It has been suggested that it would be more accurately described as a “levy” on visa applicants, rather than a “charge”, considering the way it is applied"

SO the solution to my question according to the bright minds that made this report is "call it something else". i mean Bravo! In one magic change, my doubts are dispelled. (quite lame if you ask me)

This is quite a serious issue and shows the xenophobic attitude of the government, which is very surprisng. To me this is not a moral or pricipal argment. its a fundamentsal argument.

example- if I am coming to UK for the frist time in my life on a work permit, you are amking me pay for the non existance use of NHS system which I never used as I never lived, ate, worked or even took a breath in UK. (On the premise that) I will pay for NHS as soon as i work in any case. its so Fundamentsl! or is it just me in my utopia?

I mean my question still reamins.......

If the Governmetn is openly issueing a astatement and saying "yes! we are happy to double tax work permit holders despite their contribution which they will anyway as the are here to work" Then I would at least understand.

[seagul]

Well the debate over is "an elephant in the room". You can lull your brain reeling over this, by ordering the employment history from HMRC which will exquisitely exhibit as where your tax has been utilized (usually a diagram/table is drawn) . Also, in many countries the same regime (paying IHS/medical fee) is in place from ages which arrive here when the people were heavily accustomed of free NHS.

[AmazonianX]

See also IHS Briefing.

Hi, thanks. I am familiar with this. The long drawn out report only justifies IHS.
It does not systematically address Doubble taxation. at all.

it simply states this few lines
"Some people object to the IHS on principle, arguing that the charge represents double taxation for temporary migrants who, like other UK residents, already contribute to the NHS through regular taxes. It has been suggested that it would be more accurately described as a “levy” on visa applicants, rather than a “charge”, considering the way it is applied"

SO the solution to my question according to the bright minds that made this report is "call it something else". i mean Bravo! In one magic change, my doubts are dispelled. (quite lame if you ask me)

This is quite a serious issue and shows the xenophobic attitude of the government, which is very surprisng. To me this is not a moral or pricipal argment. its a fundamentsal argument.

example- if I am coming to UK for the frist time in my life on a work permit, you are amking me pay for the non existance use of NHS system which I never used as I never lived, ate, worked or even took a breath in UK. (On the premise that) I will pay for NHS as soon as i work in any case. its so Fundamentsl! or is it just me in my utopia?

I mean my question still reamins.......

If the Governmetn is openly issueing a astatement and saying "yes! we are happy to double tax work permit holders despite their contribution which they will anyway as the are here to work" Then I would at least understand.

As you saw in the link provided by vinny, it was admitted that some people rightfully objected to it and called it exactly what you did, did this bring any change/ No.
Maybe a lawsuit challenging it can be instituted or spear headed by you.

[secret.simon]

Maybe a lawsuit challenging it can be instituted or spear headed by you.

What would be the legal basis for the challenge?

The Immigration Health Surcharge is provided for by an Act of Parliament (Section 38 of the Immigration Act 2014). There is no appeal or challenge to that.

To the OP: The most you can do is to vote against the government after you move to the UK (as a Commonwealth citizen, you can vote in all UK elections after arrival on a non-visit visa), and of course complain to the local MP of the area that you reside in.

Also, think positive. You may have saved a few pounds due to a government delay. There is not much else you can do. Take the traditional Indian/Buddhist approach of acceptance and/or reflect on the Serenity Prayer.

[nevilleturel]

@ AmazonianX - thanks for the sarcasm (if you are being sarcastic)
That objection is very week, like an after thught rather than done on a fundamental grounds.
And without any conviction or belief.

You see, NHS needs a bale out and immigrants are making perfect cash cows in this scenario.
We immigrants are too busy to be subversive and can easily be subjugated.

@ secret.simon - thanks for the link, i like it.
so does that mean that IHS is constitutional? i though this would come under foreign policy.
And doesnt the high court (or whatever is the equivalent in UK) have no athority to question policy? (just out of curiosity)

I belive in paying taxes, understand the leverage, hence i have paid the IHS

By the way Spirituality cant be simply adopted when convinent. thats appropriation of spirituality.
Spirituality is continious consistant practice.
Budhism is an aspect of Vedanta, and Vedanta is a lot more practical in these matters.
The serenaty prayer is a powerful one but in a certain context.

[JB007]

I am still very curious to know more about the double charge on immigrants who have work permits on their visa.

Immigrants can pay a lot more that in other westerrn countries. The immigrant and their families have to first pay for their own medical to prove they won't be a burden to the healthcare service of that country, to have a visa and if one fails, they all fail. If they get a visa, they can be told to take out private health insurance too because they are not allowed to have full access to that countries healthcare service. Immigrants can also have to pay more taxes than a citizen of that country.

It was introduced to ensure temporary migrants make a fair contribution to the comprehensive range of NHS services available to them during their stay.
-Having paid the surcharge, migrants may access the NHS on broadly the same basis as UK residents.
-The Surcharge is paid by temporary migrants, coming to the UK for 6 months or more, subject to a few exemptions.
-A number of nations from around the world, including Australia and America, require migrants to take out private health insurance before accessing their healthcare services without further charge, which can be more expensive than the Health Surcharge and may not include coverage for pre-existing conditions.
https://homeofficemedia.blog.gov.uk/202 ... surcharge/

So how come since 2015 no one is really questioning this double tax on immigrants who hold work permits.

You have chosen to ask for a visa for the UK.

[JB007]

Also, in many countries the same regime (paying IHS/medical fee) is in place from ages which arrive here when the people were heavily accustomed of free NHS.

The UK had perhaps been attracting immgirants with a high sense of entitlement? Not only for the NHS but for UK welfare payments too? e.g. The UK discovered that in 2010, that year 5 billion a year was given in one low income welfare benefit called Tax Credit, to those who were a foreign national when they applied for a national inusurance number.

[secret.simon]

so does that mean that IHS is constitutional?

The UK is one of three countries in the world with an uncodified constitution, alongside Israel and New Zealand. So the concept of the "unconstitutionality" of a law does not exist in UK law.

The UK has the concept of "parliamentary sovereignty", which had at least some role to play in the Brexit debate (the arguments being about whether the EU Treaties limited the powers of Parliament and whether they should).

"The principle of Parliamentary sovereignty means neither more nor less than this, namely that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever: and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament."
— A.V. Dicey Introduction to the Study of the Law of the Constitution (1885)

The doctrine of parliamentary supremacy may be summarized in three points:

Parliament can make laws concerning anything.
No Parliament can bind a future parliament (that is, it cannot pass a law that cannot be changed or reversed by a future Parliament).
A valid Act of Parliament cannot be questioned by the court. Parliament is the supreme lawmaker.

I recall that in a 1917 book that I had, it was stated that Parliament could make 2+2=5 and make a woman a man and vice versa. Given that that book was a 100 years before the current transgender rights came into existence, it was prophetic

Essentially Acts of Parliament can't be challenged in court. Statutory Instruments made by ministers under Acts of Parliament can be challenged, but not the Acts themselves.

doesnt the high court (or whatever is the equivalent in UK) have no athority to question policy?

As a rule, No. Policy is for the politicians to make. The courts can look at implementation of the policy and in certain limited cases, its interaction with the European Convention on Human Rights, but it don't generally rule on policies themselves. Judges tend to take their role in being impartial and apolitical quite seriously. Thankfully, we are not American (not yet anyway).

EDIT: Found this free online course about the England and Wales judiciary.

[nevilleturel]

Am I allowed to take up all kinds of employment including freelance and start a small business on Limite Leave to remain Visa if applying form India. (under Settlement as a parent visa category)