Recent caselaw has found that it is unlawful for the Secretary of State to a charge a fee for Human Rights Applications where the Applicant cannot afford the fee. This is fortunate for Applicants who are not in a position to pay the Home Office application fees. However, it is important to note that not everyone can apply for a Home Office Fee Waiver as Applicants are required to demonstrate that they are destitute and do not have the financial resources available to submit a UK Visas and Immigration application to the Home Office.
What is a Home Office Fee Waiver?
A Home Office application fee is usually charged by the Home Office if you make an UK Visas and Immigration application. If you are eligible for a Home Office Fee Waiver this will mean that you will not have to pay for your UK Visas and Immigration application.
Who can apply for a Home Office Fee Waiver?
An applicant can apply for a Home Office Fee Waiver if they have a human rights claim and fall into one of the following UK Visas and Immigration applications:
- Applicants for Leave to Remain as a Partner or a Parent on the 5-year route to settlement whose Sponsor is in receipt of the specified benefit and the Sponsor can maintain themselves, the applicant and any dependents adequately in the UK without recourse to public funds;
- Applicants for Leave to Remain on the 10 year Partner, Parent or Private Life route;
- Applicants for Leave to Remain on the basis of other Human Rights;
- Applicants for extension of Leave to Remain where applicant was refused Asylum or Humanitarian Protection and granted Discretionary Leave; and
- Extension of Discretionary Leave for Victims of Trafficking or Slavery.
Qualifying for a Home Office Fee Waiver
Applicants will have to show that they satisfy at least one of the three criteria for a Home Office Fee Waiver:
- They are destitute;
- Applicant has adequate accommodation and can meet their other essential living needs but would be rendered destitute by the payment of the fee; or
- If applicant cannot satisfy either one of the criteria above, there are exceptional circumstances in their case such that a Home Office Fee Waiver should be granted.
Evidence for a Home Office Fee Waiver
The burden is on the applicant to demonstrate that they qualify for a Home Office Fee Waiver and in all cases evidence must be up-to-date.
The evidence required will depend on the applicants individual circumstances, but the Home Office will be expecting to see evidence that relates to the applicants circumstances. These can include, evidence relating to applicants income, accommodation, mortgage or their mortgage contributions.
It is important to note that applying for a Home Office Fee Waiver can be very complex; therefore instructing our expert team of solicitors can help to consider whether you meet the eligibility requirements and to help obtain a Home Office Fee Waiver and prepare your UK Visa and Immigration application with a great chance of success.
Using Legal Representation 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
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 02071830570 or complete our contact form.