Apply for a Fee Waiver for Your Human Rights Application

Guide to Fee Waivers in 2024

If you have a human rights claim and cannot afford the Home Office UKVI fees, you can request a fee waiver. However, decision-makers will consider the total fees you must pay, which includes the immigration application fee and the Immigration Health Surcharge (IHS). 

Note that you can get a partial fee waiver if you can only pay some of the fees. For instance, if you can pay the immigration fee but not the IHS, you will still have to pay the immigration fee, and the IHS fee will be waived. 

Nevertheless, you can get a full fee waiver if you cannot pay any fees; in this case, the immigration fee and the IHS will be waived. As a result, do not let the fees stop you from applying for your human rights, and let us help you apply for a fee waiver application with a high success rate.

Criteria for Fee Waiver Application Eligibility

You might qualify for a fee waiver under the following circumstances:

1. Family Ties: The partner, parent, or dependant child of an individual who possesses a family visa or has been granted permission to reside in the UK.
2. Human Rights Grounds: If you have been granted ‘Discretionary Leave’ or ‘Leave outside the Immigration Rules’ based on human rights, mainly if you were denied refugee status or humanitarian protection. 
3. Victim of Exploitation: When you have been granted permission to stay in the UK as a victim of modern slavery or human trafficking.

Additionally, you may apply for a fee waiver if you are financially unable to pay the fee. This could be due to:

• Homelessness: When you do not have a place to live in the UK and cannot afford one.
• Inability to Afford Basic Necessities: You have a place to live but cannot afford essential living costs such as food or heating.
• Low Income: Those that have a very low income where paying the fee would negatively impact your child’s wellbeing.

When applying for a fee waiver for your UK visa application, there are several specific requirements:

1. Providing Evidence of Your Identity:
   • You will need to upload a copy of your identity document online. This could be your:
     • Passport
     • National identity card
     • Biometric residence permit (BRP) 
2. Financial Information:
   • Demonstrating your financial situation is crucial. You will need to provide evidence such as:
     • Bank statements
     • Letters from local authorities or family members confirming financial support
     • Proof of receiving public funds
     • Household earnings evidence (like payslips)
     • Details of household expenses (such as rent payments) 
3. Additional Evidence:
   • Depending on your circumstances, you may also be asked for further proof related to your partner’s or dependent’s financial situation. 
4. Eligibility:
   • To qualify for a fee waiver, you must show that you are unable to pay the UK visa application fee and/or the immigration health surcharge.
   • Eligibility criteria include situations like being a victim of modern slavery, having discretionary leave, or being a family member of someone with a family visa or private life permission. 

Remember, satisfying the Home Office that you genuinely cannot afford the fees is essential. If approved, a personalised code (called a ‘token’) will be available for you to use in your visa application. Within 28 days of receiving your decision email or letter, apply for your visa and provide your biometric information.

Family and Partial Fee Waivers

When applying for immigration, family members who are dependents can be eligible for a fee waiver. 

Here are the key points:

1. Individual Dependent Fee Waiver Request: An applicant can submit a fee waiver request form specifically for individual dependent family members. Alternatively, the main applicant can indicate that they can cover the fee for their application (and possibly pay for some dependents) but cannot pay for all dependents.
2. Specifying Dependents: In such cases, the main applicant will be asked to specify which dependents are applying for a fee waiver and which are not.
3. No Partial Waivers for Individual Applicants: It is important to note that partial waivers are not possible for individual applicants. The immigration fee must either be fully waived or paid for each applicant.

The Home Office Evaluation Process

The Home Office employs a comprehensive evaluation process when reviewing fee waiver applications. The key factors taken into account during this process include:

• Economic Viability and Destitution: The applicant’s financial status and potential for destitution are thoroughly assessed.
• Specific Needs of a Child: Any unique requirements or circumstances pertaining to a child involved in the application are given special consideration.
• Examination of “Surplus Income”: The applicant’s disposable income, or “surplus income”, is evaluated to determine their ability to afford the fee.

Potential Risk of Destitution for the Applicant

An applicant may be teetering on the brink of destitution. Despite currently having sufficient accommodation and the ability to cater to their essential living needs, the evidence presented indicates a looming crisis. This precarious situation could manifest in one of the following ways:

• The applicant is on the verge of destitution in the near future.
• Their current living conditions are unsustainable, although they have yet to be destitute.
• The fee payment burden could deplete the applicant’s resources, leaving them unable to afford accommodation and essential living needs.

Insufficient Income to Cover a Child’s Needs

While the needs of children might have been indirectly considered in the initial stages of the fee waiver request, this section focuses on them explicitly. The obligation under Section 55 of the Borders, Citizenship and Immigration Act 2009 necessitates considering the need to protect and enhance a child’s welfare in the UK. This implies that the child’s best interests, also interpretable as the child’s well-being, must be a primary, but not exclusive, consideration in executing immigration functions that impact them.

Reasons for Denying a Fee Waiver Request

A fee waiver request may be rejected under the following circumstances:

1. Inaccurate Information: If the applicant fails to provide accurate details regarding housing availability, basic necessities, income and expenditure, and overall financial status.
2. Purposeful Disposal of Funds: The application may be declined if there’s a reasonable assumption that the applicant has intentionally disposed of funds, such as by gratuitously lending or transferring money to a third party.
3. Lack of Financial Prudence: The application may be denied if the applicant does not demonstrate reasonable and proportionate efforts to maintain sufficient funds to cover a foreseeable fee. This is particularly true if the applicant has been spending on non-essential items.

Why Choose Axis Solicitors For Fee Waiver Applications?

If you need the best immigration solicitor to help you with your UK visas and immigration matters, you have come to the right place. Axis Solicitors Limited is a law firm you can trust. 

Benefits of choosing Axis Solicitors for your fee waiver application:

• Affordable and Quality Service: We offer expert advice at reasonable, fixed fees. We are transparent about the fees for cases in advance. You will know the options and the possible outcomes at every stage of the case. 
• Regulated and Authorised: Axis Solicitors Limited is regulated and authorised by the Solicitors Regulation Authority. 
• Experienced and Top-Rated: Our immigration solicitors are consistently rated at the top on the Review Solicitors website, which proves their successful track record. We handle a wide range of immigration cases, from simple to complex, and achieve favourable outcomes whenever possible for our clients. 
• Accessible and Available: When you choose Axis Solicitors Limited as your immigration expert, you will have direct access to your qualified solicitor by phone, email, or video call. The solicitor chosen for your case will respond to your queries and concerns promptly and professionally.

Contact us today and take the first step towards a successful immigration application.