Personal Immigration
UK Visa Fee Waivers
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Fee Waivers For UK Visa Applications From Within the UK
What Constitutes a Fee Waiver?
A ‘fee waiver’ refers to an exemption from paying the entirety of a visa application fee or a reduction in the fee required. Applicants may pursue a fee waiver by lodging a no-cost application with the Home Office. This blog post pertains primarily to the procedure for applying for a fee waiver from within the UK. It is relevant to note that fee waivers may still be accessible for applications filed from abroad, though such instances are beyond the scope of this commentary.
Eligibility Criteria for Fee Waiver Applications
The Home Office delineates specific criteria within its fee waiver guidance to identify eligible applicants for a fee waiver. Eligibility is confined to individuals whose primary basis for application is a human rights claim, such as applications for leave to remain on the grounds of partnership or parenthood. These applications are fundamentally anchored in the principle of the right to respect for family and private life, as stipulated under Article 8 of the European Convention on Human Rights. Additionally, fee waivers may be extended to applications concerning registering a child as a British citizen.
Applications for indefinite leave to remain, notwithstanding their foundation on a human rights claim, generally do not qualify for a fee waiver, with limited exceptions, notably in instances of domestic abuse. Consequently, applicants might find themselves in a position where they are compelled to extend their temporary leave in succession until they are financially equipped to meet the fee requirements for indefinite leave to remain.
Criteria for Fee Waiver Application Assessment
Recent jurisprudence has elucidated the appropriate criterion for evaluating an applicant’s eligibility for a fee waiver, which is the principle of “affordability.” Amendments to Home Office guidance necessitate the demonstration by applicants that:
“…they lack adequate funds at their disposal, subsequent to fulfilling their essential living requirements, to afford the fee.”
Furthermore, the Home Office takes into account additional factors, such as whether the applicant is currently destitute or faces an imminent risk of becoming destitute (characterised by an inability to cover the expenses of basic necessities or housing) and/or whether the applicant’s financial resources are insufficient to cater to the specific and essential extra needs of the relevant child.
Preparation for a Fee Waiver Application Submission
In the adjudication of fee waiver applications under the affordability criterion, the Home Office undertakes a meticulous examination tailored to the unique circumstances of the individual or family unit in question. This scrutiny encompasses a comparative analysis of the applicant’s income against their expenditure, explicitly focusing on any non-essential expenditures. The evaluation extends to examining savings accounts, including the objectives behind any saved funds, such as anticipated care expenses. Moreover, the assessment will consider any deliberate divestment of assets, particularly if the applicant has recently disbursed substantial sums of money.
A critical aspect of this evaluation is the consideration of the paramount interests of any children implicated, particularly in terms of the feasibility of the applicant bearing the cost of application fees and the consequent impact of such financial outlay on the welfare of any child or children involved.
Applicants are advised to furnish comprehensive evidence delineating their financial status, including but not limited to income, assets, and expenditure. It is equally imperative to present substantiated details of personal circumstances, demonstrating the adverse effects that the payment of application fees would engender on the welfare of the applicant’s child or children.
Outcome of the Fee Waiver Application
Upon adjudication of a fee waiver application, successful applicants are potentially eligible for either a complete or partial exemption from the visa application fees. In the event of a partial fee waiver, it may eliminate the necessity to cover the Immigration Health Surcharge, with the applicant only being obligated to settle application-related expenses upon submission of the visa application.
It is imperative to note that the timing of a fee waiver application is of utmost significance. A successful outcome entails the issuance of a code, which remains valid for a concise 10 working days following the fee waiver decision. This necessitates prompt action from applicants seeking further leave to remain, compelling them to finalise and submit their visa application within this stringent timeframe. Securing an appointment at a Service and Support Centre (SSC) is also a requisite step.
When a fee waiver request is declined, the option for reconsideration is limited. The remaining legal avenues to contest the Home Office’s denial of a fee waiver are narrowly defined, primarily through Judicial Review, which is subject to stringent deadlines for initiation.
Should there be no viable grounds for Judicial Review, it becomes imperative for the applicant to proceed with the submission and payment for the pertinent immigration visa application within 10 working days from the issuance of the fee waiver partial grant or refusal to avert the risk of overstaying.
How Legal Pathway Solicitors Can Help
Factors that may impact the cost of your case include
- Unexpected circumstances in your immigration history, personal circumstances, or financial status, which we were not aware of at the outset;
- Delays in obtaining requested information;
- Inaccurate, out of date, inadequate, or untranslated information provided;
- Short deadlines;
- The complexity of the application.
If the application is more complex, it may attract higher fees. In such cases, we will advise you accordingly.
