Can we get refund if I withdraw my wife's family visa application?

[johnchanbest]

Hi

I am living in UK with a Tier 2 general Visa while my wife is on a Tier 5 Visa when she first came to UK.
Recently she is trying to apply for a Tier 2 Dependent Visa but ended up erroneously applied for a family visa.
My questions are

1. Family Visa is supposed to be for those who are married or partner with a UK permanent resident or citizen. As I am just a worker with a Tier 2 genral Visa, I think it's going to be rejected?

2. As she's applying for the family visa online through the within UK pathway, if she cancels the application, will she get a refund? What is the best thing she could do right now?

Many thanks for your help
John C

[CR001]

Which link exactly did she use to apply??

Did the application ask for proof of English and £18,600pa financial requirment?

What does the email confirmation say?

How IHS has been paid?

When does her tier 5 visa expire?

Has she enrolled biomterics for the application she has made?

[johnchanbest]

Thank you so much for your help

Which link exactly did she use to apply??
https://visas-immigration.service.gov.u ... ily-routes
this is the link she used to apply

What does the email confirmation say?
She just has a confirmation email saying the payment for family visa has been received. But there is nothing on the email about the refund policy.

Did the application ask for proof of English and £18,600pa financial requirment?
Yes, It does

How IHS has been paid?
She didn't pay the IHS but use the IHS number from the Tier 5 Visa instead.

When does her tier 5 visa expire?
The Tier Visa will expire in Sept,2021

Has she enrolled biomterics for the application she has made?
not yet. We discover the mistake the second day the payment was made and therefore we haven't even booked our appointment

Again, many thanks

[CR001]

Which link exactly did she use to apply??
https://visas-immigration.service.gov.u ... ily-routes
this is the link she used to apply

Yes, completely wrong form and yes, it would be refused.

Did the application ask for proof of English and £18,600pa financial requirment?
Yes, It does

As above.

How IHS has been paid?
She didn't pay the IHS but use the IHS number from the Tier 5 Visa instead.

IHS is payable for any new application. She cannot use her old IHS number.

When does her tier 5 visa expire?
The Tier Visa will expire in Sept,2021

Lucky it isn't expired or expiring soon.

Has she enrolled biomterics for the application she has made?
not yet. We discover the mistake the second day the payment was made and therefore we haven't even booked our appointment

She can withdraw before biomterics and get a refund minus a small admin fee. Refunds can take a while. If she withdraws after biomterics, she won't get a refund.

She needs to apply for a PBS dependent visa and pay the visa fee and IHS.

https://www.gov.uk/skilled-worker-visa/ ... d-children

[johnchanbest]

thank you so much for your answer once again

just one more question.
if she's applying the Visa within UK, can she still get a refund? as there is no refund option inside the application page. When we tried to follow the visa cancelation policy on the HMRC website, it brought us to a form where on the last page of the form it need us to confirm " i understand the application is not refundable following the cancelation " which is contradicting what it said on the HMRC cancelation policy page.

we have dropped them an email but so far there is no reply yet.

thank you for your help once again. You are our life saver.

[CR001]

if she's applying the Visa within UK, can she still get a refund?

Yes.

as there is no refund option inside the application page.

https://www.gov.uk/cancel-visa

When we tried to follow the visa cancelation policy on the HMRC website, it brought us to a form where on the last page of the form it need us to confirm " i understand the application is not refundable following the cancelation " which is contradicting what it said on the HMRC cancelation policy page.

Presumably you mean ukvi and not HMRC. You need to follow the link above. If biomterics have not been enrolled, you should get a refund.

[johnchanbest]

Thank you so much

Just when I followed the link, it again brought me to a online form i mentioned above.
Before submitting the cancellation, the page asks me to make declaration that "I understand that:
if I withdraw an application, the fee will not be refunded;"

Which is kinda terrifying

Your declaration
I confirm the information supplied is complete, true and correct to the best of my knowledge and belief.
I understand that:
if I withdraw an application, the fee will not be refunded;
if I am the main applicant (or main applicant’s legal representative) and I withdraw my application, this will also withdraw the applications for my dependants;
if I am not the main applicant (or am the legal representative of another applicant) and I withdraw my application this will only withdraw my application and I will only receive documents which I am named on;
if I have stated that I am a legal representative, this has previously been confirmed to the Home Office in the form of an authority signed by my client;
if I ask for documents back, the application may take longer to process;
if I am the main applicant or another applicant and I am subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my travel document for identity purposes I understand that if I use those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man my application may be refused, voided or withdrawn and the fee will not be refunded. I may also be unable to re-enter the UK;
if I am a legal representative and my client is the main applicant or another applicant who is subject to immigration control (i.e. not settled or an EEA national or the family member of an EEA national) and I have requested my client’s travel document for identity purposes I understand that if my client uses those documents to travel outside the UK, Republic of Ireland, Channel Islands and Isle of Man their application may be refused, voided or withdrawn and the fee will not be refunded. They may also be unable to re-enter the UK


Thank you so much for your time
Wish you a good day.

[johnchanbest]

update

i phoned them up to confirm in order to get the refund,
counter-intuitively i would need to click the declaration mentioned.

just got the money back last month.

many thanks for your help along the way

[WorryWart123]

Hi,

This is great to hear that you got the refund!

I'm in a similar position. I have a Tier 2 Work Visa that expires next year. I just applied for a Family Route Unmarried Partner Visa, but now want to withdraw my Partner visa application and need a refund. I haven't yet attended my biometric appointment. Do you think I'll also get my fee back? How long did it take for you (based on this thread, looks like about 3 months)?

I'm also worried if withdrawing this application will affect my current status on my Tier 2 visa (still have a year left). Do you know if I will be fine keeping my Tier 2 Work Visa (I don't see why not as it doesn't expire yet, but I don't want to create any issues on the system)? I want to go home to the US for about a month in the summer and am worried about possible issues returning in September at border control?

Thank you so much!