When to request a fee waiver from the UKVI?

When to request a fee waiver from the UKVI?

It is of concern that there will be many losing their jobs or living on reduced income over the period the government is seeking to get to grips with the corona virus outbreak.  During this period there will be amongst those individuals, persons who have met or are due to meet their visa due dates. In relation to applications where there is a human rights concern we would recommend these individuals to check with their legal counsel to establish whether they qualify for government help.

Fee Waivers cover the cost of the application and the government health care surcharge in applications for additional leave to remain/leave to remain. They do not apply where the individual/s apply for permanent settlement in the UK.  The individual must fall into one of the following categories:

  • Homeless/no adequate accommodation and a lack of means to obtain this.
  • They may have adequate accommodation and the means to obtain this balanced against an inability to cater for essential needs – or-
  • Have adequate accommodation and are able to cater for essential needs but would become destitute if the fee were paid.

The applications to which this mechanism applies include, family applications, private life, human rights claims, discretionary leave granted after refusal or asylum and also where a subsequent refusal will result in a breach of the individuals human rights and individuals who have been trafficked and recognised by a positive national referral mechanism outcome who also need to apply for additional leave to remain, again in circumstances where a subsequent refusal will result in a breach of human rights.

The applicant must be prepared to provide full and frank disclosure of their financial circumstances. The UKVI will check their representations via various agencies, including equifax, national insurance records etc. They will expect explanation for any income received from family members, friends or charities.

If you are affected ask your legal representative for further guidance and/or assistance. Ensure you are using an adviser who is regulated or this purpose.