Fee Waivers For UK Visa Applications

If you are struggling to afford your visa applications costs, you may be able to request a ‘fee waiver’ from the Home Office for certain immigration applications.

What is a fee waiver?

A ‘fee waiver’ is when you are not required to pay the full amount of a visa application fee or the amount you have to pay is reduced.  You can apply for a fee waiver by submitting a free online application to the Home Office.  The fee waiver application process from inside the UK is considered below.  Fee waivers may also be available for some applications made outside the UK, however, this is not covered in this blog post.

Who can apply for a fee waiver?

The Home Office fee waiver guidance sets out those who can apply for a fee waiver, being only those who have a human rights claim as the main basis for their application, for example, leave to remain as a partner or parent.  These types of applications are primarily based on one’s right to respect for family and private life under Article 8 of the European Convention on Human Rights.  Fee waivers can also be available for applications to register a child as a British citizen. 

Applications for indefinite leave to remain, even if based on a human rights claim, are usually not eligible, except some cases involving domestic abuse.  This means that applicants may have to repeatedly extend their temporary leave until they can afford the indefinite leave to remain fee.

What are the requirements to apply?

Recent case law has confirmed that the correct test when assessing whether an applicant is eligible to apply for a fee waiver is the test of “affordability”.  Home Office guidance was amended to state that it must be demonstrated that:

"…the applicant does not have sufficient funds at their disposal, after meeting their essential living needs, to pay the fee."

Other considerations for the Home Office include whether: the applicant is (or is at imminent risk of becoming) currently destitute (unable to meet the costs of essential needs or accommodation); and/or the applicant’s income is not sufficient to meet the relevant child’s particular and essential additional needs.

How does an applicant prepare a fee waiver application?

When the Home Office is considering whether a fee waiver application meets the affordability test, it will assess applications on a case by case basis in the context of the individual/family unit’s circumstances.  They will look at the applicant’s income versus spending and consider any non-essential purchases made.  They will look at savings accounts and the purpose of any savings e.g. care costs, etc.  They will also look at any intentional disposal of funds, if large sums of money have recently been paid out by the applicant.  Importantly, they will also consider the best interests of any children involved when considering whether the applicant can afford to pay for the application fees and any impact paying Home Office application fees will have on the wellbeing of any child/children involved.

Applicants should consider submitting evidence to show their income, assets, and spending. It will also be important to evidence relevant personal circumstances and how payment of application fees would be detrimental to your child’s wellbeing.

What is the application process?

The application for a fee waiver is made online and submitted to the Home Office.  It is free to make an online application for a fee waiver.  Any dependents also making a future visa application should be added to the main applicant’s fee waiver application.  The applicant will need to provide evidence to support their reasons as to why they cannot afford to pay the application fees.  They may wish to provide a covering letter to the Home Office explaining these reasons.  Once the online application is submitted, the applicant will receive an e-mail from the Home Office instructing them to upload supporting evidence and any covering letter to the Home Office’s online portal.  The applicant may be able to post supporting evidence to the Home Office if they cannot upload it.  If the applicant cannot provide any evidence, they should explain why this is the case.

What happens when a decision is made?

If a fee waiver application is successful, the applicant may be granted a full or partial fee waiver for the visa application.  If it is a partial fee waiver then the applicant may not be required to pay the Immigration Health Surcharge, and may only be required to make payment of application costs when submitting the visa application.

Timing is very important when making a fee waiver application.  If successful, the applicant will be issued with a code which is valid for 10 working days from the date of the fee waiver decision.  Therefore, if applying for further leave to remain, the applicant must be prepared to submit the entire visa application before the 10 day period expires.  The applicant must also make a Service and Support Centre (SSC) appointment.

If the fee waiver request is refused, the decision cannot be reconsidered.  There are limited grounds in which the Home Office’s refusal of a fee waiver can be challenged by way of Judicial Review and there are strict timescales associated with initiating these proceedings. 

If the applicant has no grounds to challenge the decision by way of Judicial Review then they must submit and pay for the relevant immigration visa application within 10 working days of receipt of the fee waiver partial grant or refusal, in order to avoid becoming an overstayer.

In light of the recent increases to Home Office application fees and the upcoming increase to the Immigration Health Surcharge in January 2024 more and more applicants may need to consider their eligibility for a fee waiver if they cannot afford Home Office fees.

The team at Drummond Miller can advise on all aspects of human rights applications and fee waivers and so do please contact us if you are looking for advice.