How Application for UK Fee Waiver Works?
Are you experiencing financial difficulties and unable to afford the Home Office fees or Immigration Health Surcharge for your human rights visa application?
At Axis Solicitors, we are specialists in securing fee UK Visa Fee Waiver for individuals in your situation. Our dedicated solicitors will thoroughly evaluate your eligibility and support you through the entire application process.
UK Fee Waiver Application with the Home Office UKVI
If you are submitting a human rights application but are 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.
How to Submit The UK Visa Fee Waiver Application?
Applicants who wish to request a UK visa fee waiver must submit their application online before submitting their main application for leave to remain. It is important to understand that submitting a fee waiver request does not automatically grant permission to remain in the UK. However, it ensures that the applicant’s legal status is protected, even if their current visa or leave expires while the fee waiver request is being processed.
- If the fee waiver application is approved, the applicant can then submit their main application for leave to remain without paying the visa fee.
- If the fee waiver is refused, the applicant must submit a paid application to continue their stay in the UK legally.
Following the decision on the fee waiver, applicants are required to submit their main application within 10 working days, regardless of whether the waiver is granted or denied, to avoid any lapse in their legal status.
Eligibility & Human Rights for Fee Waiver Application
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 UK Visa Fee Waiver Eligibility
An applicant may qualify for a UK Visa 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
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.
- This pass allows them to continue their application for Leave or Further Leave to Remain without the need to pay the application fee.
What is a Partial UK Visa Fee Waiver?
A partial UK Visa 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:
- Income from employment or self-employment
- Pension income of either partner
- Certain benefits
- Cash savings of at least £88,500, held for 6 consecutive months
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.
Evidential Flexibility for Fee Waiver 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.
Dealing with Denial of UK Visa 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.
How the UK Fee Waiver Request is Processed?
When assessing a fee waiver request, decision-makers consider both the immigration application fee and the Immigration Health Surcharge (IHS). Applicants may be eligible for a waiver depending on their ability to pay. Key points to note:
- Applicants who can pay the immigration fee but not the IHS may have the IHS waived.
- If neither fee can be paid, both may be waived.
- Approval of a fee waiver provides a Unique Reference Number (URN).
- The main Leave to Remain (LTR) application must be submitted within 10 working days of approval.
- An appointment with the Support Service Centre (SSC) must be booked within 17 working days.
- Missing these deadlines may invalidate the URN, requiring a new fee waiver application.
Careful adherence to these timelines ensures the fee waiver can be successfully applied to your LTR application.
UK Visa Fee Waiver Eligibility for Immigration Applications
Five-Year Partner Route Applications
- Available for applicants whose sponsors receive certain specified benefits.
- Exempts sponsors from meeting the minimum income threshold.
- Sponsors must prove they can provide adequate maintenance.
Five-Year Parent Route Applications
- Eligible for individuals applying for leave to remain as parents.
- Supports parents extending their stay under the route’s criteria.
- Fee waiver ensures affordability for eligible applicants.
Ten-Year Route Applications
- Applies to partners, parents, or applicants based on private life grounds.
- Ensures Article 8 ECHR rights (private and family life) are protected.
- Denial of leave could violate their own or someone else’s rights.
Applications Based on Other ECHR Rights
- Covers leave to remain based on other ECHR protections.
- Supports applicants whose rights would be infringed if leave is denied.
- Fee waiver ensures access to justice without financial barriers.
Further Leave Applications After Discretionary Leave or for Trafficking/Slavery Victims
- Available for previously refused asylum or humanitarian protection cases.
- Applies to trafficking or slavery victims with positive NRM decisions.
- Parents do not need to apply separately for their children’s eligibility.
Application for Fee Waiver Due to Financial Hardship
Evidence of Financial Hardship
- Applicants must provide documentation proving destitution.
- All requested information on the application form must be submitted.
- Home Office UKVI evaluates claims based on supporting evidence.
Employment and Partner’s Support
- Applicants with limited leave to remain should show right to work or valid reasons for not working.
- Partners’ employment or access to public funds is considered, especially on the 10-year partner route.
- Any circumstances preventing partner’s income from supporting the applicant must be explained.
Private Life and Alternative Support
- Private life applicants must detail past means of support and reasons for loss of income.
- Extended periods without formal support require explanation of alternative support sources.
- Evidence must be provided if circumstances have changed leading to financial hardship.
Income, Expenditures, and Savings
- Applicants must submit detailed records of income and essential expenditures.
- Timely application and efforts to save for the fee are expected.
- Exceptions may be made for genuine inability to save due to financial constraints.
Depletion of Funds and Household Details
- Caseworkers assess if funds were deliberately depleted or spent on essentials.
- Exceptional circumstances, such as dependent care, illness, or disability, may justify a waiver.
- Household income and assets, including those of partners and dependents, must be disclosed.
