UK Visa Fee Waivers

Applications for Fee Waivers

Fee Waivers with the Home Office UKVI

If you are submitting a human rights application but find yourself financially unable to afford the Home Office fee or Immigration Health Surcharge (IHS), you may be eligible for a fee waiver. Home Office caseworkers will consider your inability to pay the total costs associated with your application, including both the immigration application fee and the IHS.

In instances where an applicant can afford the immigration application fee but cannot pay the IHS in full or in part, the application fee will still need to be paid. However, a partial waiver may be granted for the IHS. If an applicant is unable to pay either the application fee or the IHS, the Home Office has the discretion to waive both fees entirely.

Fee Waivers for Immigration Applications

Certain criteria must be met to qualify for an exemption from paying Home Office fees. Fee waivers are limited to specific types of applications for extending one’s stay in the UK; they do not apply to those seeking permanent residence (indefinite leave to remain) or to applicants outside the UK seeking entry clearance visas.

The Home Office has issued detailed guidelines on how fee waiver decisions are made. Currently, applications can be considered under three main categories:

• Cases involving human rights,
• Cases of domestic abuse,
• Cases under exceptional circumstances, such as a pandemic.

How to Submit The Application

To apply for a fee waiver, applicants must submit their request online before submitting their main application for leave to remain. While submitting a fee waiver application does not grant leave or permission to remain, it ensures the applicant’s legal status in the UK is maintained if their current permission expires before a decision is made.

If the fee waiver is approved, the applicant can then submit their application for permission to remain without incurring a fee. If the waiver is denied, the applicant must submit a paid application to maintain their stay in the UK. It is crucial to note that, following the decision on the fee waiver, applicants have 10 working days to apply for permission to stay, regardless of the outcome of the fee waiver application.

Eligibility & Human Rights

Individuals eligible for a fee waiver are those submitting specific human rights applications where charging the fee before making a decision would violate rights protected by the European Convention on Human Rights (ECHR). This policy also applies to victims of trafficking, allowing them to apply for an extension of their leave to remain under certain conditions. The importance of fee waivers in immigration has been highlighted in two key legal cases:

• Omar, R (on the application of) vs. Secretary of State for the Home Department [2012] EWHC 3448 (Admin)
• Carter, R (on the application of) vs. Secretary of State for the Home Department [2014] EWHC 2603 (Admin)

These judgments underscore judicial recognition of fee waivers within UK Immigration.

Criteria for Fee Waiver Eligibility

An applicant may qualify for a fee waiver if any of the following conditions are met:

• Inability to afford the fee
• Current state of destitution
• Immediate risk of becoming destitute
• Insufficient income to address a child’s specific and extra needs
• Exceptional financial hardships

Fee Waiver Eligibility for Immigration Applications

Fee waivers are available for several immigration application categories:

1. Five-Year Partner Route Applications: Eligible for applicants whose sponsors receive certain specified benefits, exempting them from meeting the minimum income threshold. Sponsors must prove they can provide adequate maintenance.
2. Five-Year Parent Route Applications: Available for individuals applying for leave to remain as parents.
3. Ten-Year Route Applications: Applicable for partners, parents, or individuals applying based on private life grounds, arguing that denying their leave to remain would violate their or someone else’s right to private and family life under Article 8 of the ECHR.
4. Applications Based on Other ECHR Rights: For those applying for leave to remain on the grounds of other ECHR rights.
5. Further Leave Applications After Discretionary Leave (DL): For applicants previously refused asylum or humanitarian protection, claiming that not extending their stay would infringe upon their ECHR rights.
6. Further DL Applications for Trafficking or Slavery Victims: For individuals with a positive conclusive grounds decision from the national referral mechanism (NRM) who have already received 30 months of DL and seek an extension due to trafficking or slavery reasons.

Notably, parents do not need to apply for a fee waiver for their children to be eligible.

Impact of Fee Waiver Requests on Leave to Remain Status

A request for a fee waiver is distinct from an application for Leave to Remain, highlighting the need to understand its implications on any existing Leave to Remain status or pending applications. Individuals with current Leave to Remain who seek a fee waiver and find their leave expiring whilst their request is under review are granted a grace period. Specifically, they will have 10 working days from the date of the fee waiver decision to file for Leave to Remain or Further Leave to Remain. After this period, their Leave to Remain status will be considered expired. Conversely, applicants without current Leave to Remain, who request a fee waiver, are not entitled to this 10-day grace period.

For online applicants, those who are granted a fee waiver will receive an electronic pass. This pass allows them to continue their application for Leave or Further Leave to Remain without the need to pay the application fee. On the other hand, online applicants who do not receive a fee waiver must pay the required fee to proceed with their application for Leave or Further Leave to Remain.

What is a Partial Fee Waiver?

A partial fee waiver refers to a specific arrangement where, during a joint application process by family members, some members may receive a fee waiver while others pay the required fees. This term clarifies that it’s possible for individual dependents within a family applying together to have their application fees waived, rather than suggesting that a single applicant can have only a portion of their own fee waived.

In scenarios where family members apply together, it is feasible for dependents to be granted a fee waiver. This process involves the main applicant submitting a request form for each dependent eligible for a waiver or indicating their capability to cover the application fees for themselves and, possibly, for certain dependents, but not for all. The main applicant must then specify which dependents are seeking a fee waiver and which are not. It’s important to note that the system does not allow for the waiver of only a part of the fee for an individual applicant; the waiver applies fully to the fee for eligible dependents.

Considerations for Fee Waiver Applications

The UK Home Office caseworker will evaluate the following key considerations when reviewing a fee waiver application:

Child Welfare

In evaluating a fee waiver application, the UK Home Office UKVI caseworker must adhere to the principles outlined in section 55 of the Borders, Citizenship and Immigration Act 2009. This includes the duty to safeguard and enhance the welfare of any child affected by the application, placing the child’s best interests as a paramount concern.

Financial Situation

Applicants seeking a fee waiver are required to furnish detailed information regarding their financial status. This typically involves providing all bank or building society statements for the six months leading up to the application date, along with a comprehensive breakdown of monthly income and expenses at the time of applying. It is imperative for applicants to fully and truthfully disclose their financial situation. Failure to do so, or submitting false information within the fee waiver application, may lead to the refusal of current or future requests for entry or stay due to the applicant’s actions.

Application for Fee Waiver Due to Financial Hardship

Applicants seeking a fee waiver due to financial hardship must substantiate their claim of destitution with appropriate evidence. It is incumbent upon the applicant to furnish the necessary documentation and information, as requested on the application form, to prove their financial hardship. Home Office UKVI caseworkers will consider the following factors when evaluating applications for a fee waiver based on destitution:

• Right to Work: Applicants with limited leave to remain are expected to have the right to work in the UK. Evidence of employment, active job search, or valid reasons for not working will be considered.
• Partner’s Employment Rights: For applicants on the 10-year partner route, their partner, being a British citizen or settled in the UK, would typically have employment rights and access to public funds. Applicants must explain any circumstances that prevent their partner’s income from adequately supporting them.
• Private Life Route: Those applying via the private life route, having resided in the UK for a significant duration, need to clarify their past means of support and the reasons for its discontinuation.
• Alternative Support: In cases where applicants have been without formal support (e.g., employment or local authority assistance) for an extended period, it may be inferred that they have had access to alternative support sources. Applicants are required to provide evidence to the contrary or explain any change in circumstances leading to their current state of financial hardship.
• Income and Expenditures: Applicants must present detailed evidence of their income and expenditures to allow caseworkers to assess their financial situation, focusing on whether their spending is essential or excessive.
• Timely Application and Savings: Applicants are generally expected to apply for leave to remain before the expiration of their current visa and to have saved towards the fee from their disposable income. Exceptions may be made for those unable to save due to genuine reasons, provided they have not intentionally avoided financial responsibilities.
• Depletion of Funds: Caseworkers may investigate if applicants have deliberately depleted their funds. While fee waivers are typically not granted without evidence of destitution or if the fee payment does not lead to destitution, exceptional circumstances related to the applicant’s financial situation and inability to pay the fee may warrant a waiver. Such circumstances must be exceptional and not related to discretionary spending but may include significant additional expenses for dependent care due to special needs, illness, or disability.

The application for a fee waiver requires details on household income and assets, including those of the applicant’s spouse or partner, any other supporting adults, and dependents.

Evidential Flexibility Explained

Evidential flexibility allows a decision maker to approve a fee waiver without demanding additional evidence or documentation, provided they are convinced that sufficient evidence has already been submitted to demonstrate the applicant’s situation. This ensures that, without such a waiver, the applicant would be unable to seek leave to remain. The decision maker may exercise discretion in requiring extra evidence under the following circumstances:

• The applicant is a single parent, limited in their ability to seek or undertake employment due to childcare responsibilities, including caring for preschool children or children unable to attend school due to COVID-19 restrictions.
• The applicant has received eviction notices or has been evicted.
• The applicant relies on support from family, friends, or a recognised organisation (such as charities or food banks) for basic living needs and has no alternative means of support.
• The applicant is the parent or primary caregiver of a child who is not attending school due to concerns related to COVID-19.
• There is proof of the applicant or their dependents being vulnerable due to pregnancy, chronic health conditions, disabilities, or mental health issues.

While there is no guarantee of approval, meeting any of the above conditions requires the decision maker to assess whether additional information or evidence is necessary. Though the list is not all-encompassing, it is anticipated that a few other scenarios will qualify for evidential flexibility. Each application must be evaluated on its own merits. The decision to apply evidential flexibility may be influenced by other significant factors, such as evidence of intentional financial mismanagement, among other countervailing evidence.

Processing a Fee Waiver Request

When evaluating a fee waiver request, decision-makers must consider the total amount due by the applicant, which encompasses both the immigration application fee and the Immigration Health Surcharge (IHS). If an applicant can afford the immigration application fee but not the IHS, or only a portion of it, they are obligated to pay the immigration fee, whilst the IHS may be waived. In instances where the applicant cannot afford either the application fee or the IHS, both fees may be waived.

Upon approval of a fee waiver, the applicant will receive a Unique Reference Number (URN) for use in their Leave to Remain (LTR) online application. This application must be submitted within 10 working days from the date of the fee waiver decision, and an appointment with the Support Service Centre (SSC) must be booked within 17 working days. Failure to adhere to these timelines may invalidate the URN, necessitating a new fee waiver application.

Denial of Fee Waiver Request

When a caseworker determines that an applicant does not meet the criteria for a fee waiver, the following procedures apply:

Timely Requests: If the applicant has submitted their fee waiver request on time (e.g., they had valid leave on the date of submission), they will typically be informed of their ineligibility for a fee waiver. In such cases, applicants are advised to provide additional evidence supporting their eligibility for a fee waiver within 10 working days.

Submission of Additional Evidence:

• If the applicant submits the required evidence within the 10-working-day timeframe and successfully demonstrates eligibility for a fee waiver, they will be issued a fee waiver token. This token allows them to apply for an immigration application at no cost. To maintain their 3C leave, the applicant must submit their Leave to Remain (LTR) application within 10 working days.
• If the applicant submits additional evidence within the allotted time but fails to prove their eligibility for a fee waiver, their application will be denied. Similarly, if no further evidence is provided within 10 working days, the application will also be refused.

Proceeding without a Fee Waiver: After a refusal, the applicant has the option to submit a paid LTR application within 10 working days to maintain their 3C leave status. Failure to submit a paid application within this period will result in the expiration of the applicant’s 3C leave.

Our Services

At Axis Solicitors, our immigration specialists are highly proficient in managing fee waiver applications. Once we take on your case, we commit ourselves to overseeing every facet of your fee waiver application until the Home Office UKVI renders a decision.

Our service includes:

• Eligibility Assessment: We begin by evaluating your financial situation to establish your eligibility for a fee waiver, ensuring we capture every detail of your circumstances.
• Application Analysis: Our team conducts a thorough analysis of your application’s strengths and weaknesses, providing tailored advice to fortify your case.
• Documentation Guidance: We guide you through all the necessary documentation required to support your fee waiver application, ensuring no detail is missed.
• Document Review: Our experts meticulously review your documents to ensure they meet the stringent requirements set by the Home Office UKVI.
• Application Submission: We take care of completing and submitting the online application form, collecting all necessary information from you to ensure accuracy and completeness.
• Witness Statements: If required, we prepare detailed statements from you and/or your sponsor to clearly explain your financial situation, adding a personal dimension to your application.
• Cover Letter Preparation: Our team drafts a detailed cover letter to accompany your application, emphasising the key points and advocating on your behalf.
• Document Upload: We efficiently upload all relevant supporting documents online, ensuring your application is comprehensive and well-supported.
• Communication with Home Office UKVI: We maintain direct communication with the Home Office UKVI, striving for a timely and favourable decision on your application.

Your assigned Immigration Solicitor will be dedicated to supporting you throughout the fee waiver application process, guiding you every step of the way.