This article discusses The Home Office policy on fee waivers stemming from several pivotal court cases. There are a number of court decisions recently which are impacting UK Immigration.
Key Rulings
R (Omar) v Secretary of State for the Home Department (2012):
In this case, The High Court decided that charging a fee for human rights-based applications is unlawful if the applicant cannot afford it. In fact it deemed that requiring such payment would breach human rights laws.
R (Carter) v Secretary of State for the Home Department (2014):
Here the courts reinforced the principle that if an applicant can prove financial inability, the fee is waivable.
Such rulings ensure that individuals with valid human rights claims are not excluded due to financial hardship.
Applications Eligible for Fee Waivers
Fee waivers apply to specific types of immigration applications. These include:
- Applications for permission to stay under the five-year partner route, particularly for anyone exempt from the minimum income threshold
- Applications under the five-year parent or private life routes and the ten-year partner, parent, or private life routes
- Claims based on the European Convention on Human Rights (ECHR), where human rights form a substantial part of the application
- Extensions for those with discretionary leave following the refusal of asylum or protection, especially where denial would breach ECHR rights
- Victims of trafficking or slavery seeking to extend discretionary leave
- Applications under Appendix Child, where the children join or stay with a non-parent relative
- Extensions under the Hong Kong British National Overseas – the BN(O) route, provided applicants meet specific conditions, including access to public funds
- Additionally, waivers are available for indefinite leave to remain (ILR) applications from victims of domestic abuse or bereaved partners
Key Exceptions and Partial Waivers
While fee waivers for immigration applications offer significant relief, they do not cover all situations. ILR applications, even those based on human rights, are normally excluded unless they involve domestic abuse or bereavement. Moreover, the current ILR fee stands at £2,885, often leaving applicants in a cycle of temporary extensions until they can afford the cost.
Additionally, applicants can also request partial waivers. For instance, they may cover the application fee themselves but seek a waiver for dependants or the IHS.
Criteria for Granting Fee Waivers
The Home Office has outlined specific criteria for fee waivers. Applicants must demonstrate that they cannot afford the fees after meeting essential living expenses. Financial evaluations include the income and resources of the applicant’s household or, in child-related applications, their non-parent relative.
Key factors include:
- Household income versus essential costs
- Savings or assets that could be used to cover fees
- The needs of any dependants, particularly children
- Practical Considerations for Applicants Securing a fee waiver requires
- Proper evidence of financial hardship. Bank statements, pay slips, and details of household expenses are generally needed. So, given the complexity of immigration rules, applicants often benefit from legal advice to strengthen their case
Conclusion
Fee waivers for immigration applications can ease the financial strain of immigration processes, ensuring access to justice for individuals with genuine human rights claims. However, the system has its limitations. Not all applications qualify, and navigating the waiver process requires careful preparation. For those who meet the criteria, these waivers provide a critical opportunity to secure their future in the UK without financial ruin.
For more information contact: Leena Chouhan, our Head of Immigration at Taylor Hampton Solicitors on 0207 427 5970