Refunds of Immigration Health Surcharge

The Immigration Health Surcharge (IHS) was introduced in 2015 and most individuals applying for temporary leave to enter/remain in the UK for longer than 6 months are required to pay it, along with the application fee, on the day they submit their visa application.

The IHS guarantees the applicant, if leave is granted, access to the NHS for the duration of their leave to remain. From 27 October 2020, the IHS will be increasing from £400 to £624 a year.

Refund of IHS

The Government announced on 21 May 2020 that health and care workers in the UK would be exempt from the IHS and that individuals who have paid for the IHS on or after 31 March 2020 can claim a refund.

If you have paid the IHS and meet the eligibility criteria detailed below, you can apply for a refund for IHS for a period of 6 months. You can reapply after another 6 month period has passed.

If you are on a Tier 2 Health and Care visa, and paid the IHS on or after 31 March 2020, you should receive a refund automatically. If you have not received an automatic refund yet, the process below does not apply to you and instead, you must email IHSrefunds@homeoffice.gov.uk with the following information:

• Your full name
• Sponsor’s name
• Certificate of Sponsorship number
• IHS number

Eligibility – type of employment and employer

The criteria you have to meet to be eligible for a refund firstly relate to the type of employment, and who you are employed by.

• You must be on a visa which allows you to work in the UK
• You must be employed in a role which provides a service in relation to the delivery of health or social care. This includes providing direct patient care, administrative support or leadership (e.g. a receptionist in a hospital or a care home manager), and support roles (e.g. cleaner or catering staff).
• You must be employed by an eligible employer. This includes the NHS, any body which is registered appropriately with a health or social care service regulator (e.g. care homes registered with the Care Quality Commission, or a pharmacy regulated by the General Pharmaceutical Council).

A private facility delivering services within a health and care setting would be eligible. Similarly, a private health care provider would also be eligible if appropriately registered.

If employed in a wider service but still providing a health or care role (e.g. a pharmacist working in a supermarket), this will be eligible too as long as the evidence can be provided that the role is specifically in health and social care (see further below).

• Self-employed work is eligible as long as you can provide evidence that you are engaged in an appropriate role, for an appropriate employer.
• Unpaid volunteer work is not eligible.

(Click here to access Annex A of the guidance for a full list of eligible employers)

Eligibility – hours worked

A refund is permitted for a 6 month period, commencing on or after 31 March 2020.

In this 6 month period, you must have worked an average of at least 16 hours per week to qualify for a refund of the IHS.

You can have a break(s) in employment as long as the break(s) do not amount to a total of more than 28 days in the 6 month period.

The hours can include:

• Periods of statutory leave e.g. jury service, maternity leave and sick leave
• Up to 28 days unpaid leave provided you can give evidence of an appropriate justification for this e.g. you were changing employers or your personal circumstances influenced your employment
• Hours from multiple employers, as long as the role remains an eligible role

What about dependents?

Dependants can request a refund as long as they comply with all the requirements noted above in relation to the job role, the employer and the hours worked. They can claim a refund even if they are a dependent of someone who does not work in health and social care. In this instance, the main applicant would not be eligible for a refund, but the dependant would be, along with any further dependants.

The example given by the Home Office in relation to this is: An engineer is in the UK working in the energy sector on a General Work Visa (Tier 2) and has brought a partner as a dependant, who works as a care home manager. They have brought one dependent child. In this instance, the dependant and their child would qualify for a reimbursement, but the engineer would not.

Required evidence

You must provide the IHS number for yourself and any dependants also claimed for.

You must also provide the applicant’s payslips covering the 6 month period claimed for. The payslips must have the following information:

• the employer’s name
• the applicant’s job title
• the number of hours worked, and
• any statutory leave (if relevant)

You must provide details of any dependants claimed for, and their relevant evidence (where applicable) e.g. payslips.

A supporting letter from the employer outlining the sector of work and the applicant’s role is also acceptable evidence if the payslips do not provide all the necessary information.

Please click here for the link to request a refund.