UK visa and immigration fees are renowned for being high. The Home Office reviews the visa fees and they are usually expected to rise every March/April, although some years the fees for certain applications are frozen. The Immigration Health Surcharge (IHS), which is mandatory for all visa Applicants applying to remain in the UK for longer than 6 months, also adds to the high cost of applying for a UK visa. The IHS fee also increased to £624 per year for most applications from last October. With these high fees and considering the current global economic circumstances caused by the pandemic, increasing numbers of UK visa Applicants are struggling to pay the Home Office fees. In certain circumstances, Applicants may be able to apply for a Home Office Fee Waiver which allows them to pay part or none of the Home Office fees (in certain exceptional cases). Our immigration solicitors in London can assess your circumstances within a consultation to see whether you meet the criteria for a fee waiver application. We can also assist Applicants with their fee waiver application to the Home Office and review the necessary documents before they are submitted to the Home Office decision maker.
What is a Home Office Fee Waiver?
In certain circumstances the Home Office will waive the application fee and/or Immigration Health Surcharge (IHS) (please see below) if the Applicant cannot afford the fee and has demonstrated they were destitute or are at imminent risk of becoming destitute. Fee waiver applications are now submitted online and are done so before the visa application is submitted online.
From January 2019, fee waiver decision makers must take into account the whole amount the Applicant needs to pay which means the application fee and the IHS combined and the Applicant’s financial circumstances. For example, if the Applicant can pay the whole application fee but not cannot pay the whole IHS fee as well, then the fee waiver will apply to the IHS.
Who is eligible for a fee waiver?
According to the recently updated Home Office Policy Guidance, Applicants who are making an in-country immigration application under Appendix FM or on human rights basis are eligible for a Home Office Fee Waiver. Victims of trafficking who are applying to extend their leave in certain circumstances can also apply for a fee waiver, however this does not apply to Indefinite Leave to Remain applications. As such, points based system Applicants are not eligible for a Home Office fee waiver.
What documents are required for a Home Office Fee Waiver application?
Home Office fee waiver applications should be considered on its individual merit and the onus is on the Applicant to provide the required documents. Fee waiver Applicants should be able to demonstrate their financial circumstances such as employment and self-employment income and any assets. Document can include bank statements and a breakdown of the Applicant’s expenditure in order to assess whether they can afford the Home Office fees without going into financial ruin. Where the Applicant is a partner or a parent, the financial circumstances of the partner (i.e. the sponsor of the Applicant in partner based applications) or other parent will also be taken into consideration.
Evidential flexibility may only be applied to a fee waiver application in exceptional circumstances where the caseworker is satisfied that there is compelling evidence that the Applicant will not be able to afford the fee or if there is a compelling and compassionate reason why certain evidence cannot be provided.
What happens if the Home Office Fee Waiver is refused?
If the request for the fee waiver is denied but the Applicant still has valid leave to remain in the UK, then they will be given 10 working days to submit further evidence for their fee waiver application. If this is then granted then they will be given an additional 10 working days to submit the visa application. If the fee waiver application is refused again then Applicants will be given 10 working days to submit the visa application and pay the Home Office fee and IHS in full. It is therefore important that there is enough time for the fee waiver application to be considered, otherwise Applicants are at risk of becoming overstayers.
If an Applicant’s leave to remain has expired at the time of the fee waiver application then the application will be returned as invalid and a fresh visa application will need to be submitted with the correct fee.
Using our Immigration Solicitors in London to apply for a Home Office Fee Waiver
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Home Office Fee Waiver application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Home Office Fee Waiver Applications with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02030110276 or complete our contact form.