do they really keep your money if they turn down your ILR application?

Hi all.  I am still trying to decide if I should try applying for ILR even though I do not have good documentation from the first 4 months I was in the UK or if I should just apply for a (free) EEA family permit to extend my current spouse settlement visa.  I would try for the ILR if there wasn't so much money at stake. 

So here's the question:  I know that the Home Office says that they keep your £335 or £500 regardless of whether or not they give you the visa, but several people on this website have reported showing up with inadequate documentation and getting turned away without having to pay.  Have I got this right?  In your experience, do they really keep the money even if they turn down your ILR application?

Yes, they really do, but what they could do is offer for you to come back at a later date.

Yes they do because the fee pays for the work done on your application, not the visa itself.   But yes, if your documentation is obviously lacking at the outset, they will return it to you unactioned at no cost.

OK, let me rephrase the question: Do they keep your money even if they turn you away before actually processing the ILR application?

I thought that you have to pay before anyone looks at the application.  In reality, how does this work?  Do they check through your application before accepting your fee?  Do they usually turn you away at that stage if they think you have no chance?

Thanks.

No, if there's something obvious missing, or you've filed in the wrong form or something basic like that  they may give it back to you at no charge, without doing any work on it.  However,  this is at their discretion so don't count on it happening in 100% of cases.  If you've supplied all the documentation they will take the fee and pass it on to be processed.  Basically once the fee is taken there are no refunds.

When you go to the Public Enquiries office, you have to go reception, where they ask you why you're there and have a look at your stuff. If it seems to be in order, they send you to pay. If you're obviously lacking something, they send you away.

We sent ours in by post (which I hated doing but since they had raised the price to £500 to do it in person we decided on the mail).  We found it incredibly funny how many times in the instructions they wanted to make sure you stapled the cheque to the fron of the application. It appeared as if they didn't care anything about the application just making sure the money was enclosed!  I was under the impresssion they would keep your money no matter what once it reached their hands. Maybe it's different if you go in person.

when i went to croydon in september 2006, the reception looked at my paperwork and said everything was in order and i was sent to pay.  i then waited to have it all offically looked at.  when they did, they saw that a critical piece of paper was missing and they apoligized saying i should have been turned around at the initial reception.  they walked me down to the payment level, and had them process a full refund.  just my experience.

In my experience, as with others here, if you go in person the application will not be accepted if there is something missing, and they, therefore don't take the cash.  If you apply by post they will write to you asking for further information, and if you can't provide it they will refuse the application and keep the money.


Victoria