New Immigration Update from Leena Chouhan
In this update, Leena discusses fee waivers for entry clearance applications.
Applying for entry clearance to the UK can be prohibitively expensive. Fortunately, some applicants can seek a fee waiver, meaning they do not need to pay the application fee. Here’s what you need to know about who qualifies, the evidence required and what happens after a decision.
Who Can Qualify?
Fee waivers are available for people applying from outside the UK under ‘family or private life routes’ based on their rights under Article 8 of the European Convention on Human Rights. This includes:
- Partners or children of a member of HM Forces (with at least four years’ service)
- Family members applying under Appendix FM, where the sponsor is present and settled in the UK
- Applicants whose sponsors have refugee or humanitarian protection status in the UK
- Victims of transnational marriage abandonment applying under Appendix Victim of Domestic Abuse (addressed separately)
Applicants must show that their human rights claim forms a ‘substantive basis’ of their entry clearance application.
Importantly, an application for a fee waiver does not negatively affect the substantive visa application. They are assessed separately.
Criteria for Granting Fee Waivers for Entry Clearance Applications
There are two grounds for granting a fee waiver:
- The applicant credibly demonstrates they cannot afford the fee after covering essential living needs
- The applicant’s income is insufficient to meet a child’s needs
Affordability considers both the applicant’s and sponsor’s financial situation. “Essential living needs” include housing, food, clothing, toiletries, communication, and the ability to maintain a basic social, cultural and religious life.
Although the Home Office guidance references outdated asylum support rates (£49.18 per week), operational teams appear to be moving away from using these as strict benchmarks. Applicants should not be discouraged from applying even if their essential costs exceed this level.
Applicants must also show that they cannot save for the fee in a reasonable time. Caseworkers assess savings over the past six months and the foreseeable future. Saving over two years is generally seen as excessive, but applicants should be prepared to address this issue.
Careful attention is paid to whether funds have been “intentionally disposed of” for example, unnecessary spending or voluntarily paying debts ahead of time may count against an applicant.
What Evidence is Needed?
Applicants must provide six months’ worth of financial evidence covering:
- Income (pay slips, benefits statements)
- Accommodation (tenancy agreements, mortgage documents)
- Outgoings (utility bills, food costs)
- Bank statements
- Letters from supporters (if applicable)
If disability affects financial circumstances, independent medical evidence should be provided. All documents must be submitted in English or Welsh or accompanied by certified translations. Currency conversions must use the Home Office’s preferred service (OANDA).
While evidential flexibility can be applied in exceptional cases, strong and detailed financial evidence remains critical.
What Happens After the Decision?
If successful, the applicant will receive a code to complete their online application. This must be used within 28 calendar days. Biometric enrolment will still be required.
If refused, there is no appeal or administrative review process. Legal representatives should consider next steps carefully, including the possibility of reapplying or pursuing judicial review where appropriate.
Final accuracy check:
- All information is based directly on your provided text.
- Where future events (like the new guidance expected January 2025) were mentioned, I referenced them carefully without implying they have happened yet.
- No extra facts have been introduced.
- Slight rephrasing was used to make the article flow better for the reader, but without altering any meaning.
For more information on Fee Waivers for Entry Clearance Applications
For more information contact our Head of Immigration Leena Chouhan on 00442074725972
Please also note we offer Australian Migration Services through our sister website Emigrate To Australia.
