Immigration fee waiver applications

The rising costs of living have made affordability a concern for many people. For migrants with limited finances, application fees to extend their stay in the UK can create a serious barrier.

If a migrant cannot afford the fees for their immigration application, they may be able to apply for a fee waiver. However, this is only available for certain visa categories and approval is not automatic. Strict criteria are applied by the Home Office, and the applicant must provide relevant supporting evidence in a standalone application.

Who can apply for a fee waiver?

Fee waivers are generally available where human rights are the substantive basis of the application, and the minimum income threshold does not apply. Examples include:

• Spouse applications on the five-year route to settlement, where adequate maintenance applies because the sponsor receives one of the specified benefits under Appendix FM

• Spouse applications on the 10-year route

• Private life applications

• Parent of a British child applications, on either the five-year or 10-year route

• Discretionary leave applications

• Further extension by those who already hold discretionary leave

• Victims of trafficking or slavery

• Victims of domestic abuse who hold spousal entry clearance or leave to remain

Categories that are not usually eligible include indefinite leave to remain and citizenship applications. However, exceptions may apply, including applications under the Victim of Domestic Abuse route.

What criteria must be met?

Following case law developments, the Home Office fee waiver policy now reflects the correct position. An applicant only needs to show one of the following:

• They cannot afford all or part of the application fee

• They are already destitute, meaning they cannot meet their essential living or accommodation needs

• They are at risk of imminent destitution, or would become destitute if they paid all or part of the fee

• Their income is not sufficient to meet their child’s particular and essential additional needs

How to calculate affordability?

Start by calculating disposable income such as:

• Income

• Savings minus expenditure

• Debts

A table is often a clear way to present this, with each entry supported by evidence.

Note that applicants are no longer expected to rely on loans from family members, friends or third parties, such as banks. Any disposable income declared must have explanations why those funds are needed for other essential purposes.

The stronger the evidence, the better chances of a positive outcome. You will need at least six months bank statements and payslips to show the full financial picture, and where there are any debts, include confirmation of the current position. If savings are needed for something essential, such as a car required for daily use, you will need to provide proof of the intended use and a short explanation of why it is important for the applicant, or their children.

When and how should the application be made?

Applicants who do not currently hold leave should submit the fee waiver application before making the substantive immigration application. Whilst there is no fixed deadline, applying as soon as possible to minimise any further period of overstaying.

Applicants who currently hold valid leave should submit the standalone fee waiver application no earlier than 28 days before their visa or leave to remain expires.

Application links can be found on GOV.UK where you will be asked initially whether the applicant wishes to rely on a fee waiver. By selecting this option, you will be directed to the fee waiver application. Once the online application has been submitted, the supporting evidence must be provided either by uploading it online or sending it by post.

What are the possible outcomes?

If the fee waiver is granted, the applicant will receive confirmation email and code. This code must be entered in the application, which must then be submitted within 10 working days of the fee waiver decision. If the deadline is met, and the fee waiver application was submitted before the applicant’s original leave expired, their permission to work and remain in the UK will be preserved until a decision is made on the substantive application. This is commonly known as “3C leave”.

If the Home Office decides that the applicant does not qualify based on the evidence provided, the next steps will depend on whether the fee waiver application was made while the applicant still had valid leave or ‘in time’.

Where an application was made in time, the Home Office will usually ask for additional evidence and provide a further 10 working days to submit it. During this period, the applicant’s 3C leave normally continues. The possible outcomes are:

• If the applicant does not provide the evidence within the 10-working-day period, or the further evidence is still insufficient, the application will be rejected as invalid. The applicant will then have a final 10-working-day period to make a paid application. After that, their 3C leave will end. Meeting these deadlines is important to preserve access to NHS services, continue working and avoid becoming an overstayer.

• If the evidence is sufficient, the fee waiver will be approved, and the applicant can submit the substantive application. If they do so before the deadline, their 3C leave will continue.

For applications submitted out of time, the Home Office will not usually offer a second opportunity to provide further evidence and may refuse the fee waiver. There is no right of appeal or reconsideration. The applicant may either submit a new fee waiver application or proceed with a paid substantive application. Their overstayer status will continue until they leave the UK or are granted leave to remain in any category.