If you’re applying for immigration status in the UK, you’re probably aware of the high costs involved. The Home Office fees for immigration applications can be overwhelming, especially when you’re already facing financial challenges. The good news is that if you cannot afford the fees, you might be eligible for a reduction or even an exemption. This article will explain how you can get a fee waiver and what you need to know about the process.
What Are Home Office Fees?
The Home Office charges fees for various immigration services, including applications for a visa, indefinite leave to remain (ILR), or naturalisation. These fees can be quite expensive. For example, as of 2023, the fee for an application for permission to stay is £1,258. On top of that, applicants must also pay the Immigration Health Surcharge, which can cost £1,035 per year for adults and £776 for children.
If you’re applying with dependants, or if you need to use services like the Super Priority Service to get a decision within 24 hours, the costs can easily add up to several thousand pounds. For many people, these costs are simply unaffordable.
What Is a Fee Waiver?
A fee waiver is a process that allows you to apply for exemption or reduction in the Home Office fees if you are unable to afford them. This system is designed to ensure that people who are unable to meet the financial requirements can still apply for immigration status, especially when it involves human rights concerns.
It’s important to understand that a fee waiver doesn’t automatically apply to everyone. The waiver is typically reserved for people who meet certain criteria and who can demonstrate financial hardship.
Who Can Qualify for a Fee Waiver?
Not everyone can qualify for a fee waiver. Generally, you must have a valid reason for needing to stay in the UK, and your application must be based on certain human rights grounds. Below are the common scenarios where a fee waiver might apply:
Family and Partner Routes
If you’re applying under a partner or family route and can show that you can’t afford the fees, you may be eligible for a fee waiver. For example, if you are applying for permission to stay under the five-year partner or parent route, and you or your sponsor receive certain benefits, you may qualify.
Victims of Human Trafficking or Modern Slavery
If you’ve been recognised as a victim of trafficking or modern slavery, and you are applying for further leave to stay in the UK, you might be eligible for a fee waiver.
Applications Based on European Convention on Human Rights (ECHR)
If your immigration application is based on the European Convention on Human Rights, such as seeking protection from being removed from the UK, you may be able to apply for a fee waiver.
Victims of Domestic Abuse or Bereaved Partners
In some cases, victims of domestic abuse or bereaved partners can apply for a fee waiver for indefinite leave to remain (ILR). The Home Office has acknowledged that these applicants should not be penalised for the high cost of immigration applications.
Applications for Children
Children under certain circumstances, especially those staying with or joining a non-parent relative, may also be eligible for a fee waiver.
What Criteria Must You Meet?
To qualify for a fee waiver, you need to demonstrate that you cannot afford to pay the application fees. The Home Office has established a set of guidelines to determine this. You’ll need to prove that:
- You don’t have enough disposable income: The Home Office will consider your income, but they’ll also look at your essential living costs. This means they’ll assess whether you can afford the fee after covering your basic needs, such as accommodation, food, and bills.
- You are destitute or at risk of becoming destitute: If you are in immediate financial hardship, or if paying the fee would leave you unable to meet essential living costs, you may be eligible for a fee waiver.
- You cannot meet your child’s needs: If you are applying on behalf of a child and can’t meet their basic needs (such as food, accommodation, and clothing) because of the application fee, you might qualify for a fee waiver.
The Home Office uses a “surplus income” test to determine whether you can afford to pay the fee. If, after covering essential living expenses, you still have enough money to pay for the fee, your application for a fee waiver may be refused.
How Does the Home Office Assess Your Application?
The Home Office will look at your financial situation carefully when you apply for a fee waiver. They will consider several factors, including:
- Income: This includes wages, benefits, and any other source of financial support.
- Expenditure: They will look at your essential living expenses, including rent, bills, food, and clothing.
- Assets: The Home Office may ask you to liquidate assets if you have any that are not essential for your daily living. This could include things like a car, or if you’ve recently purchased something expensive, they may ask for an explanation.
- Savings: You might be asked to use any savings you have to cover the cost of the fee. However, they will only consider savings if they are not needed for essential living expenses.
The Home Office is also looking for any “discretionary spending” that could suggest you’re not prioritising your immigration application. This could include things like spending money on non-essential items or services, such as luxury goods or social activities.
What Evidence Do You Need to Provide?
When you apply for a fee waiver, you’ll need to provide evidence of your financial situation. This could include:
- Bank statements: These should show your income, spending, and any savings you have.
- Pay slips: These show how much you’re earning.
- Tenancy agreements: This shows your accommodation costs.
- Benefit letters: If you’re receiving benefits, such as Universal Credit or Disability Living Allowance, you’ll need to provide proof of this.
The more evidence you provide, the stronger your case will be. If you don’t have formal documents (e.g., pay slips), you can submit letters from family members or charities who are helping you, explaining your financial situation.
How Do You Apply for a Fee Waiver?
To apply for a fee waiver, you must submit a separate application before submitting your immigration application. You can apply online, and you’ll need to upload the supporting documents at the same time.
Once you’ve submitted your fee waiver application, your immigration status will be extended under the same conditions while the Home Office processes your application. If your fee waiver is granted, you’ll be able to submit your main application without having to pay the full fee.
What Happens After You Apply for a Fee Waiver?
Once the Home Office has processed your fee waiver application, they will make one of three decisions:
- Fee Waiver Granted: If you’re granted a full fee waiver, you won’t have to pay the application fee or the Immigration Health Surcharge (IHS). If it’s only partially granted, you may still be required to pay part of the fee.
- Fee Waiver Refused: If your application is refused, you’ll still be liable for the full Home Office fees. Unfortunately, you can’t appeal this decision, but you can submit a new fee waiver application if your circumstances change.
- Fee Waiver Partially Granted: If only part of your application fee is waived, you will need to pay the remaining fees. For example, you may be exempt from the Immigration Health Surcharge but still have to pay the application fee.
What Should You Do If Your Fee Waiver Is Refused?
If your fee waiver is refused, and your leave to remain has expired, you may become an overstayer if you don’t submit your application within 10 working days. If you still have valid leave, you can either pay the application fee or submit a new fee waiver application with additional evidence.
Conclusion
The Home Office fees for immigration applications are high, but if you cannot afford them, you may be able to apply for a fee waiver. By demonstrating financial hardship, you could be granted a full or partial waiver of the fees, enabling you to regularise your immigration status without incurring further financial strain.
Applying for a fee waiver can be a complicated process, and it’s important to provide all the required evidence of your financial situation. However, if you meet the eligibility criteria and can prove you cannot afford the fees, it’s definitely worth applying for a fee waiver to reduce or exempt you from paying these high costs.
