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Fee Waiver – How to present your application?

Table Of Contents

  1. When can you apply for a Fee Waiver
  2. How to present your application for a fee waiver
  3. When can your fee waiver application be refused
  4. Summary

The fee waiver application exists to ensure you are not denied access to immigration rights if you cannot afford to pay application fees. Fee waiver applications are available in specific circumstances — most commonly in immigration or nationality applications to the Home Office.

In some cases, you can request a fee waiver if you cannot afford to pay the visa or nationality application fee, or you can pay the fee, but then it would result in the needs of a child not being met.

You must present your fee waiver application before applying for your immigration or nationality. You may start your application for immigration or nationality online, but you should submit it only after you have received a decision on your fee waiver application.

When can you apply for a Fee Waiver?

You can apply for a fee waiver in certain circumstances for entry clearance on the basis of family life or private life, permission to stay in the UK based on family life or private life, and to register a child under 18 as a British citizen.

1. Fee waiver applications for entry clearance

You can apply for a fee waiver if you are applying for entry clearance to the UK based on family life or private life, and if you are eligible:

• as a partner or child of a member of His Majesty’s (HM) Forces

• as a partner or child of a member of His Majesty’s (HM) Forces (the sponsor), where the sponsor:

o is a Commonwealth or foreign member of HM Forces

o has at least 4 years of service in HM Forces when you apply

• under Immigration Rules – Appendix FM, where the sponsor is present and settled in the UK

• because you have refugee/humanitarian protection status in the UK

2. Fee waiver applications for permission to stay in the UK

You may be eligible for an application fee waiver if:

• You are a partner, parent, or dependant child of a person who holds a UK family visa or holds permission to stay in the UK based on their private life

• You have received DL (Discretionary Leave) or LOTR (Leave outside the Immigration Rules) on human rights grounds where you were refused refugee/humanitarian protection status

• You have got permission to stay in the UK because you are a victim of human trafficking or modern slavery 

You can request a fee waiver if you cannot afford to pay the fee because you:

• Have no place to live in the UK and you cannot afford one; or

• Have a place to live, but you cannot afford essential living costs like food or heating; or

• Have a very low income, and if you pay the application fee, it would harm your child’s well-being

You can include your partner and children when applying for a fee waiver if they are making an application to join or stay with you in the UK as your dependants.

3. Fee waiver applications to register a child under 18 as a British citizen

You can request a fee waiver if you are aged under 18 and eligible for British citizenship.

Your parent/legal guardian can apply on your behalf. They can also include their other children in the same fee waiver application.

Do not apply for a fee waiver if a local authority is looking after you. Instead, you should provide evidence of this when applying for British citizenship. The application will be free.

How to present your application for a fee waiver?

A fee waiver application is mainly about showing your financial inability to pay the fee while proving that your circumstances are genuine and supported by evidence.

If you cannot afford to pay both the application fee and the IHS (Immigration Health Surcharge), but can afford to pay one, you can apply to only pay for one of these two. 

If you want to make a strong application for a fee waiver when applying for entry clearance to the UK, permission to stay in the country, or British citizenship, it is important to clearly explain your financial circumstances and supply strong supporting evidence to strengthen your fee waiver application and to demonstrate to the Home Office that you genuinely cannot afford to pay the fee.  

1. Explain your financial circumstances

If you and your sponsor can not afford to pay the fee, you need to show this to the Home Office. If you have a child, you can also request a fee waiver if you can show that the combined income of you and your sponsor is not enough to meet your child’s needs.

You do not have to prove either destitution or exceptional circumstances in order to qualify for a fee waiver. You only need to prove that you cannot afford the fee.

When you are applying for a fee waiver, your application should clearly describe the following:

• Your income and regular expenses 

• Any savings and/or available funds 

• Housing costs and other utility bills 

• Family members and dependants you support 

• Any debts, loans, or financial difficulties 

Importantly, be honest and consistent throughout the application.

2. Submit supporting documents

The Home Office may want to see many types of evidence. You and your sponsor should submit bank statements, payslips, etc., if you have them, to prove your income and spending per month.

You can include a covering letter that explains your monthly income and expenses, to prove to the Home Office that you cannot afford the fee. Make sure you explain any large or regular income or expenses on your bank statements. 

Your fee waiver application’s success depends mainly on the quality and consistency of the supporting evidence you provide. You should be prepared to submit:

• Bank statements 

• Payslips 

• Tenancy agreements 

• Utility bills 

• Benefit letters 

• Evidence of debts or loans 

• Letters from charities, social workers, or support organisations 

The Home Office usually expects recent financial documents.

3. Show why you cannot afford the fee

To show that you cannot afford the application fee, you will need to:

• Show you and your sponsor’s income (this includes salary, any benefits, and support from other people), and savings

• Show your regular expenses (for example, rent and other living costs)

• Show that the amount of money you have left over, after paying for things like rent, utility bills, etc., and the fees you would have to pay to apply, is not enough for you to pay the fee 

You can apply for a fee waiver even if you and your sponsor could afford the fee, but if you have a child and paying the fee would affect your child (whether the child is in the UK or abroad). For example, you may afford the fee, but paying it would mean you couldn’t afford your child’s essential needs, like medical treatment. In this case, the Home Office should normally grant you a fee waiver.

You should explain whether paying the fee would:

• Leave you unable to meet essential living needs 

• Affect your accommodation 

• Prevent you from buying food or paying bills 

• Harm a child’s welfare 

The Home Office often considers whether paying the fee would make you destitute or place you at risk of destitution.

4. Include exceptional circumstances

Evidential flexibility allows the caseworker to decide a fee waiver case where you have not provided all the evidence/information set out on the application form. This is only possible in exceptional circumstances, where: 

• The missing evidence is not necessary because the other evidence you have provided is clear and compelling 

• You cannot provide the evidence due to a compelling reason

Importantly, the onus is on you to provide sufficient evidence to satisfy the Home Office that you meet the criteria for a fee waiver. If the Home Office is satisfied that you have provided clear and compelling evidence of your financial circumstances, and this demonstrates that you meet the relevant criteria, the Home Office can apply evidential flexibility.

You should include supporting evidence where possible.

5. Keep information organised

It is important to present a clear and structured application as it helps caseworkers understand your situation more easily. It can help to arrange documents properly, label evidence clearly, and provide a short cover letter or statement.

6. Ensure consistency

The information in your fee waiver request should match the information and evidence you have provided in your immigration application, such as your bank statements and other supporting documents.

Your application may be delayed or refused if there are any unexplained inconsistencies.

When can your fee waiver application be refused?

If the Home Office is not satisfied that you qualify for a fee waiver, your application will be refused, and you will be informed of the reasons for refusal. This could include where you: 

• can afford the fee 

• have provided evidence and information of your financial circumstances, which is not reliable, and so a caseworker cannot make a proper assessment 

• have not provided sufficient evidence to support your fee waiver claim 

• have intentionally disposed of funds 

• have been purchasing beyond your essential living needs 

• have not taken reasonable steps to save for the fee 

Please note that the above list is not an exhaustive one.

Summary

A fee waiver request allows you to seek exemption from paying the immigration application fee and Immigration Health Surcharge when you cannot afford the cost. Your application’s success mainly depends on how clearly and honestly you present your financial circumstances with evidence.

You should carefully prepare a fee waiver application with a clear explanation and detailed financial evidence. The chances of a successful outcome will significantly improve with clear documentation and a properly presented application.

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