What Actually Happened?
This is one of those stories that should have made headlines far sooner. The UK Home Office has been quietly charging international students more than the law actually permitted — and it all came down to a drafting error in secondary legislation that went uncorrected for years.
Here's the short version: when the Home Office increased the Student and Child Student entry clearance fee in 2023 and again in 2025, both changes were made via Statutory Instruments (SIs) — the legal orders that update fee regulations. Both instruments attempted to amend line 1.3.11 of Schedule 1 to the Immigration and Nationality (Fees) Regulations. The problem? That line had already been deleted from the schedule back in December 2020. The operative line was 1.3.11A — and nobody updated that one.
The result: the statute book was never legally updated. The fee in law remained £363 — but students were being charged £490, and then £524. The House of Lords Secondary Legislation Scrutiny Committee (SLSC) eventually identified the error and flagged it, and the legislation was finally corrected on 8 April 2026.
Because UKVI had no legal basis to charge the higher amounts, the Home Office's own Refunds Policy (Immigration and Nationality Refunds Policy, version 13.0, published April 2026) states that a refund is due where "an incorrect fee has been charged and paid" and where "there is no legal basis to keep the fee." Both conditions are met here — which is why students are entitled to claim.
How Much Could You Be Owed?
The exact refund amount depends on when you paid your entry clearance fee.
| Period of Payment | Fee Charged by UKVI | Legal Fee at the Time | Refund Owed |
|---|---|---|---|
| Autumn 2023 – March 2025 | £490 | £363 | £127 |
| March 2025 – April 2026 | £524 | £363 | £161 |
If you paid during either of these windows — whether you are still studying in the UK, have already graduated, or have left the country — you are likely eligible to claim.
Who Can Claim?
- Paid a Student or Child Student entry clearance fee (applying from outside the UK) between autumn 2023 and April 2026
- Are currently studying in the UK on a Student visa
- Have already graduated and returned to your home country
- Are a former student who left the UK after completing your studies
- Had a Child Student visa paid on your behalf (a parent or guardian can claim)
The five-year refund window runs from the date of payment, not the date your visa expired or when you left the UK — so even recent graduates with time to spare should act sooner rather than later.
It is also worth noting: this applies to the entry clearance fee only — i.e., applying for a Student visa from abroad. Students who extended their visa from inside the UK were not affected by this particular error, as different fee lines applied to those applications.
How to Claim Your Refund — Step by Step
Locate Your Visa Application Reference Number
You will need either your GWF number or your UAN (Unique Application Number). Both can be found on your visa decision letter, your BRP card correspondence, or any email confirmation you received from UKVI when your application was submitted.
Use the Refund Letter Below
We've prepared a ready-to-use letter with all the legal references already written in. Copy it, fill in your details wherever you see a [blue bracket], and send it directly to UKVI.
Submit Through the Correct UKVI Channel
Send your letter to the email or address on your original visa correspondence. If you don't have one, use the official UKVI contact form at gov.uk/contact-ukvi-inside-outside-uk. Address it to: UK Visas and Immigration, Refunds Team.
Keep a Copy of Everything
Save a copy of the letter you submitted and any acknowledgement you receive. The Home Office does not publish a standard processing time for these requests, so a paper trail is essential if you need to follow up.
Follow Up if Needed
If you don't receive a response within four to six weeks, follow up in writing referencing your original submission date and the SLSC finding. Persistence pays off in these cases.
What Does This Mean More Broadly?
This is not a minor administrative hiccup. An estimated £170 million may have been collected from international students without legal authority — a significant sum at a time when visa costs are already a major financial burden for those coming to study in the UK.
The finding also raises wider questions about how secondary legislation is drafted and checked by the Home Office, and whether fee increases will face more scrutiny going forward. The SLSC's intervention was important — these committees exist precisely to catch errors of this kind before they result in large-scale unlawful charging.
For students and their families, the practical message is simple: if you paid during the relevant period, you have a legal basis to claim. The Home Office's own refund policy supports it. The process is not complicated. And the money is yours by right.
Frequently Asked Questions
Yes. The five-year refund window runs from the date you paid the fee — not from when your visa expired or when you left the UK. Whether you are back in your home country or anywhere else in the world, you can still submit a refund request in writing to UKVI.
This specific issue relates to the entry clearance fee — the fee paid when applying for a Student visa from outside the UK. In-country Student visa extensions are governed by different fee lines and were not affected by the same drafting error. If you only ever extended inside the UK, this particular refund likely does not apply to you.
UKVI sets fees in GBP and converts to local currency using its own exchange rate policy. Your refund entitlement is based on the GBP amount — £127 or £161 depending on when you paid. The Home Office should process the refund back to your original payment method.
The Home Office does not publish a standard processing time. Once approved, standard bank transfer timelines apply (up to 28 days). Given the volume of potential claimants, processing may take longer. Keep a copy of your submission and follow up if you don't hear back within six weeks.
No — this is a straightforward written request to UKVI referencing the SLSC finding and the Home Office's own Refunds Policy. You do not need legal representation. However, if you have a more complex immigration situation, it is always worth taking professional advice before proceeding.
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