# Tier 5 (YMS) claiming back NI



## athecan (Mar 25, 2014)

I haven't been able to find a straight answer to this question, was hoping someone on here has gone through this process.

I'm switching from Tier 5 (YMS) to Tier 2. I have my sponsorship all lined up and flight booked.

Question is I'm wondering if I can claim back my NI before I go home and if this would have any effect on my new application for tier 2. Or if I should just wait until the end of my tier 2 visa and apply for it all at once.

Any help would be greatly appreciated.


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## nyclon (Apr 3, 2011)

Why have you been overpaying NI?


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## athecan (Mar 25, 2014)

no I haven't been overpaying that I am aware of. I was under the impression that once Tier 5 visa had expired you were eligible to receive back your contributions to NI.


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## _shel (Mar 2, 2014)

Why would you? NI paid towards benefits that you could have claimed while in the UK and pension that you can still claim at pensionable age be it a minuscule amount at only a couple of years contributions. 

You might be entitled to some tax back dependent on when in the year you left, income and amount of tax paid.

Fill in P85 found on the hmrc site.


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## athecan (Mar 25, 2014)

Financial reasons.

It will turn out to be a couple hundred quid and since I am being sent home to reapply for a new visa it will help pay for my flights as I'm am struggling to put together enough money to do so.

Under tier 5 Youth mobility, I can't claim any benefits.


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## Crawford (Jan 23, 2011)

You can't claim back National Insurance Contributions.

Just as someone getting a visa for the US - even if you only intend to stay for a few years you still get Social Security and Medicare deductions made from payroll even though you will never be able to claim such benefits.


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## _shel (Mar 2, 2014)

You are entitled to contributory benefits such as satutory sick pay and statutory maternity pay. Your NI pays towards it, if you pay enough NI over the correct dates, need to claim them and meet all the qualifying criteria ie are sick and unable to work in your job, having a baby etc you can.


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## athecan (Mar 25, 2014)

Thanks for clarifying shel. I was just a bit confused as on my visa it says that I had 'no recourse to public funds'. I appreciate your help.


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## _shel (Mar 2, 2014)

The ones I mentioned are not public funds. You will find a list on google. They are contributory through your NI, there are a couple of others too. 

If you are coming back to the UK in this financial year, you said you were going back to apply for another visa. Be wary of claiming tax back as you could end up owing the tax man. You should only claim if you plan on leaving permanently, will be a question asking such on the form.


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## athecan (Mar 25, 2014)

very good point, I will not be claiming it back cause it seems to be much more hassle then it will be worth in the long run. Just will have to start liquidating my stuff haha. Cheers again for the advice!


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## Joppa (Sep 7, 2009)

You may like to know:


> If you are leaving to return to your home country, or moving on to another country, you won't be able to claim any of your National Insurance contributions back. But the contributions you made in the UK may count towards your State Pension in the other country, if it has a social security agreement with the UK. Check which countries have social security agreements with the UK by following the link below.


HM Revenue & Customs: Tax when leaving the UK

As you are returning to UK to work, it seems pointless to do so (even if you can), as you'd want to built up your UK contribution record.


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