Immigration purposes are extraordinarily costly. Most requests for permission to remain within the UK (apart from beneath the points-based immigration system) now value £1,407. As well as, candidates could must pay an immigration well being surcharge (£1,035 a yr for adults and £776 for youngsters). On common, due to this fact, migrants might want to spend simply wanting £4,000 to get permission to remain within the UK for the usual interval of two and a half years.
These sums are, in truth, the very naked minimal. Individuals may additionally must pay £150 to go an English language take a look at. Others will stump up £1,000 for utilizing the tremendous precedence service to get a choice in 24 hours in the event that they merely can’t afford to not journey for months whereas the House Workplace comes to a decision on their utility. Then there’s authorized illustration, all too usually a necessity slightly than a luxurious. The immigration guidelines are exhausting to navigate, and authorized assist is restricted nearly solely to asylum and trafficking claims, home abuse or advanced human rights circumstances.
Because of this, not everybody can afford the charges to regularise their immigration standing or renew their permission to remain within the UK. Happily, case legislation has discovered that it’s illegal for the House Workplace to cost a charge for a human rights based mostly utility the place the applicant can’t afford the charge.
This text will have a look at when it’s attainable to get a charge waiver on an immigration utility submitted from inside the UK. If you’re excited by charge waivers for entry clearance purposes (purposes from outdoors the UK), head to Sonia’s article right here. If you’re excited by charge waivers for youngsters’s purposes to register as British residents, strive CJ’s article or this extra detailed briefing word by the Undertaking for the Registration of Kids as British Residents.
The article touches on charge waivers for victims of home abuse, bereaved companions, and candidates beneath the Hong Kong BN(O) route, however these are in some ways completely different from different charge waivers. They don’t seem to be lined by the primary steerage on in-country charge waivers, which is right here, and which is the steerage I’m referring to all through the publish. As an alternative, you could find steerage on charge waivers for victims of home abuse within the common steerage for purposes by victims of home abuse; steerage on charge waivers for bereaved companions within the steerage on ‘Settlement – household and personal life‘; and steerage on charge waivers for the BN(O) route within the common steerage for Hong Kong BN(O) nationals.
Background to the coverage on charge waivers: case legislation
Three circumstances type the idea of House Workplace coverage on charge waivers for human rights purposes. The primary is R (Omar) v Secretary of State for the House Division [2012] EWHC 3448 (Admin). The Excessive Courtroom discovered that:
‘The Secretary of State, as a public official, is beneath an obligation to make and interpret guidelines within the gentle of part 3 of the Human Rights Act. The requirement in rules 6 and 30 of the 2010 Charges Laws that, on this class of case, a charge have to be paid, there isn’t any provision for waiver and an utility with no charge “is just not validly made” should, within the gentle of part 3, be learn topic to a qualification that the required charge is just not due the place to require it to be paid can be incompatible with an individual’s Conference rights.’
In different phrases, charging a charge for a human rights based mostly immigration utility will itself breach human rights legislation the place the particular person involved can’t afford the charge.
The second case is R (Carter) v Secretary of State for the House Division [2014] EWHC 2603 (Admin). There, Mr Justice Stewart acknowledged that:
‘if an individual demonstrates upon correct proof that they can not pay the charge, then a coverage which doesn’t present for waiver in these circumstances is incompatible with a Conference proper [26].’
In different phrases, the Secretary of State should conform to waive the charge when an applicant is unable to afford the charge and has a human rights declare.
The third main case is R (Dzineku-Liggison & Ors) v Secretary of State for the House Division (Price Waiver Steering v3 illegal) [2020] UKUT 222 (IAC). It could not have arisen if House Workplace coverage had precisely mirrored the earlier circumstances. Whereas the House Workplace ought to have been assessing whether or not an applicant may afford the charge, it was as a substitute assessing whether or not the applicant was destitute or can be rendered destitute by cost of the charge. The Higher Tribunal in Dzineku-Liggison needed to reiterate that the proper take a look at is affordability.ing whether or not the applicant was destitute or can be rendered destitute by cost of the charge. The Higher Tribunal in Dzineku-Liggison needed to reiterate that the proper take a look at is affordability.
Who can qualify for a charge waiver?
In accordance with the above case legislation, solely those that elevate a human rights declare can be eligible for a charge waiver, and solely the place this human rights declare ‘constitutes a substantive foundation of their utility’. Purposes eligible for an in-country charge waiver are:
- purposes for permission to remain beneath the five-year accomplice route from candidates who should not required to satisfy the minimal earnings threshold as a result of their sponsor is in receipt of a number of specified advantages and who as a substitute should exhibit that their sponsor can present sufficient upkeep (however there are arguments to say that even those that should and might meet the minimal earnings threshold ought to be eligible for charge waivers. I’ve heard, anecdotally, blended expertise, the place some candidates handle to get a charge waiver and nonetheless be on the five-year accomplice route by assembly the minimal earnings requirement. I’ve additionally heard of others being placed on the ten-year route regardless of assembly the minimal earnings requirement, on the idea that they had been granted a charge waiver. I nonetheless assume the latter ought to be challenged);
- purposes for permission to remain beneath the five-year dad or mum route;
- purposes for permission to remain beneath the five-year personal life route;
- purposes for permission to remain beneath the ten-year accomplice, dad or mum or personal life route;
- purposes for permission to remain based mostly on the European Conference on Human Rights, supplied that human rights represent a substantive foundation of the declare;
- purposes for additional permission to remain from candidates granted discretionary depart following refusal of asylum or humanitarian safety, the place the applicant claims that refusal of permission would breach their Conference rights;
- purposes for additional discretionary depart from victims of trafficking or slavery who’ve had a constructive conclusive grounds resolution, have already accrued 30 months’ discretionary depart and are in search of to increase it for causes associated to trafficking or slavery;
- purposes for permission to remain within the UK as a baby beneath Appendix Baby staying with or becoming a member of a Non-Mum or dad Relative (Appendix CNP);
- purposes to increase depart beneath Appendix Hong Kong BN(O), though candidates should meet distinctive necessities together with having had the ‘no recourse to public funds‘ situation lifted from their grant of depart and being in receipt of public funds. You possibly can learn extra concerning the points with this right here.
As well as, though the House Workplace doesn’t contemplate that these are essentially human rights purposes, the next additionally qualify for charge waivers:
- purposes for indefinite depart to stay by victims of home abuse
- purposes for indefinite depart to stay by bereaved companions
It’s attainable for an applicant to pay their very own charge however apply for a charge waiver for a number of dependants. Additionally it is attainable to ask for a waiver of the immigration well being surcharge solely, and never the primary utility charge, if the applicant can solely afford one of many two.
Importantly, purposes for indefinite depart to stay, even when based mostly on a human rights declare, should not lined. That is with the notable exceptions above for victims of home abuse and bereaved companions. Candidates can find yourself extending their short-term depart without end, till they will afford the indefinite depart to stay charge. That is presently £3,226 and can in all chance proceed to extend.
Standards to be granted a charge waiver
In response to House Workplace steerage for its caseworkers, candidates for a charge waiver might want to present that they can not afford the charge. It goes on to specify that:
‘An applicant is taken into account unable to pay the charge after they, and people they depend on for monetary assist inside their family (together with for Appendix CNP purposes, their non-parent relative), wouldn’t have ample funds at their disposal to make the cost, after assembly important residing wants and persevering with to satisfy any baby’s wants.’
As set out above, for the reason that case of Dzineku-Liggison, candidates now not want to point out that they’re destitute or at imminent threat of destitution. Nonetheless, candidates who’re destitute or at imminent threat of destitution ought to be granted charge waivers, as it will likely be accepted they can not afford the charge.
The one exception is once more for victims of home abuse and bereaved companions who’re making use of for charge waivers. They nonetheless have to satisfy the ‘destitution’ take a look at though, in my expertise, candidates who present that they can not afford the charge get granted charge waivers, although they don’t technically meet the destitution take a look at.
The definition of destitution given within the steerage is similar as that for assessing whether or not asylum seekers are eligible for asylum assist. Below part 95(3) of the Immigration and Asylum Act 1999, candidates are thought-about destitute when:
- They don’t have sufficient lodging or any technique of acquiring it, or
- They’ve sufficient lodging or the technique of acquiring it, however can’t meet their different important residing wants.
How does the House Workplace contemplate purposes for charge waivers?
As set out above, caseworkers ought to contemplate whether or not candidates have a ample ‘surplus earnings’ after assembly ‘important residing wants’, and/or financial savings, which might enable them to pay the charge.
Assessing ‘surplus earnings’
Surplus earnings is known as any earnings left after lodging and important residing wants are met. Officers will contemplate all sorts of earnings and property, with the next to notice:
- earnings from illegal employment can also be to be considered, though ‘the applicant ought to be knowledgeable that they might be committing a felony offence and will cease working instantly’
- advantages that are paid to satisfy particular important wants and assist with additional residing prices for people with a long-term bodily or psychological well being situation or incapacity, comparable to Incapacity Dwelling Allowance and Private Independence Cost, shouldn’t usually be thought to be related earnings except there’s proof that these advantages are ‘getting used for non-essential or luxurious spending unrelated to the particular important wants of the recipient’
- candidates could also be anticipated to liquidate their property, for instance ‘on the idea that an asset has been just lately acquired’ or ‘is just not getting used’, or ‘is a luxurious or non-essential merchandise’
- caseworkers will take note of the earnings and property of an applicant’s partner or accomplice. The place the applicant is a baby, caseworkers will take note of the earnings of these financially supporting them inside their family
- the place the applicant is supported by a member of the family or buddy, caseworkers will usually contemplate it cheap to anticipate them to assist the applicant with the charge the place they’re a ‘shut member of the family’ together with an grownup baby, dad or mum or these performing in a parental capability; the place they’ve supplied substantial assist comparable to paying their lease and offering an everyday earnings; and/or the place they’ve supplied assist for an extended time frame
Important residing wants, in flip, embrace ‘lodging, important payments, meals, clothes, toiletries, non-prescription remedy and family cleansing objects’ and ‘the prices of sustaining interpersonal relationships and accessing an inexpensive degree of social, cultural and non secular life’. The steerage refers back to the money allowances paid to asylum seekers for a breakdown of important residing wants.
Lastly, candidates’ spending habits can be checked out to see if they’ve ‘deliberately disposed of funds’, for instance by:
- offering assist or loans to others with no cheap rationalization
- voluntarily giving funds away to a 3rd get together
- paying money owed earlier than they’re required to take action, or paying extra in response to a debt than is required
- shopping for a private possession that’s clearly not important to their residing wants
- spending extravagantly or excessively
In that case, the charge waiver utility could also be refused.
In different phrases, candidates are anticipated to prioritise House Workplace charges and to restrict their bills to what the House Workplace considers ‘important’.
If an applicant submits an utility greater than three months earlier than their present depart to stay is because of expire, and the caseworker considers that they’ve ample surplus earnings to have the ability to save the charge throughout that point, they’ll anticipate them to take action.
‘Finest pursuits of a kid’
The House Workplace steerage reminds caseworkers of their obligation beneath part 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the necessity to safeguard and promote the welfare of a kid within the UK, having a baby’s greatest pursuits as a major consideration. Every time a baby could also be impacted by a choice on a charge waiver request, the House Workplace ought to contemplate whether or not ‘paying the charge would result in the kid experiencing a decrease degree of wellbeing than they presently take pleasure in or deprive them of one thing that contributes to their wellbeing’.
submit the applying
Other than a few exceptions, charge waiver requests are made on-line, earlier than (and separate from) the applying for permission to remain.
The exceptions are:
- purposes for charge waivers by kids of a non-parent relative with safety standing, beneath Appendix CNP, that are submitted on a paper type to be despatched along with the applying for additional depart.
- purposes for charge waivers by victims of home abuse and bereaved companions. These candidates solely submit one on-line utility for indefinite depart, and are requested, inside that utility, whether or not they will pay the charge. In the event that they tick that they can not, they won’t pay a charge and be requested to submit proof of their monetary circumstances along with the proof of their eligibility for indefinite depart.
- purposes for charge waivers by these on the Hong Kong BN(O) route who’re extending their keep and who’re in receipt of public funds. These candidates, equally to victims of home abuse and bereaved companions, solely submit one utility. Inside that utility, they’re requested whether or not they will pay the immigration well being surcharge and/or the applying charge. In the event that they reply that they can not, they won’t must pay the charge. A caseworker ought to then write to the candidates to acquire info on their monetary scenario. If the applicant doesn’t submit ample proof, then they are going to be requested to pay the charges. If they don’t achieve this, their utility can be rejected.
Proof
As regards to proof, the steerage makes it very clear that
‘the onus is on the applicant to credibly exhibit that they qualify for a charge waiver… it stays the accountability of the applicant to sufficiently proof their claimed monetary circumstances, or to offer a reputable rationalization of why such proof is just not out there.’
It additionally says:
‘It is best to usually anticipate to see info and proof regarding the earnings of the applicant (and people they depend on for monetary assist inside their family comparable to, for Appendix CNP purposes, their non-parent relative), concerning their lodging, the kind and adequacy of lodging, the quantity of their lease/mortgage or of their contribution in the direction of this, and their outgoings by way of spending on issues like meals and utility payments. This info ought to be supported by impartial proof, comparable to their pay slips, financial institution statements, tenancy settlement and utility payments. The character of the proof supplied will differ relying on the person circumstances of the applicant, however the caseworker ought to anticipate to see proof acceptable to the circumstances being claimed.’
The steerage additionally directs caseworkers to train evidential flexibility:
‘…in distinctive circumstances, the place:
– the lacking proof is pointless as a result of the opposite proof supplied is evident and compelling
– there’s a compelling motive why the proof can’t be supplied’.
Importantly, in all circumstances, proof have to be updated.
In follow:
- Candidates ought to present as a lot proof as attainable of their funds and lodging, together with the standard ‘official’ proof like payslips, financial institution statements and tenancy agreements for them and different members of their households. These ought to cowl the six months earlier than the applying;
- Candidates who wouldn’t have ‘official’ proof ought to contemplate offering letters from any family and friends who normally assist the applicant; letters from any charities aiding the applicant; and a letter from the native authority if concerned;
- Candidates who’ve little or no proof could need to present an announcement setting out how they assist themselves, together with the place they reside and the way they meet their important residing wants comparable to meals and garments;
- A desk setting out the applicant’s sources of earnings and particulars of their expenditure may be helpful, however normally provided that it highlights that the excess earnings is lower than the applying charges;
- Any ‘uncommon’ expense — i.e. something not included within the listing of important wants above, or which is far increased than the House Workplace would anticipate (on the idea of the report on asylum seeker allowance talked about above) ought to be defined. The House Workplace may also anticipate financial institution statements to be ‘itemised’ with any common earnings and outgoing, and any bills bigger than £250;
- If candidates would technically have the cash of their account, nevertheless it can’t be cheap to make use of it for the charges (for instance, the funds are wanted to satisfy the important wants of a kid), that ought to be defined intimately. It will likely be uncommon for the House Workplace to grant a charge waiver to an applicant who has ample cash of their account to pay the charge;
- The place ‘official’ proof comparable to financial institution statements is lacking, candidates ought to set out why it isn’t out there.
Part 3C depart
The House Workplace steerage on charge waivers now contains the next part:
‘No matter whether or not the charge waiver request is granted or refused, the applicant will profit from 3C depart if:
- they’d legitimate permission when the charge waiver request was submitted, and which has expired by the point the charge waiver request is set
- the applicant makes a sound utility for permission inside 10 working days of the date of the charge waiver resolution
- the permission utility that’s submitted is the one for which the charge waiver request was made
Submission of an extra charge waiver request inside the 10 working day window is not going to prolong the applicant’s 3C depart.’
This interpretation has most just lately been discovered to be appropriate by the Higher Tribunal within the case of R (Hussain) v Secretary of State for the House Division [2026] UKUT 82 (IAC).
Instance
Jamila has depart to stay legitimate to eight September 2024. On 10 September 2024, she can be eligible for indefinite depart to stay on the idea of lengthy residence within the UK. On 7 September 2024, she submits a charge waiver stating that she is going to apply for depart on the idea of her household life within the UK. On 10 September 2024, she applies for indefinite depart on the idea of lengthy residence within the UK. The House Workplace refuses her utility for indefinite depart on the idea that the charge waiver utility made on 7 September 2024 didn’t set off part 3C depart, as a result of she didn’t go on to submit her utility for permission to remain on the idea of her household life within the UK as supposed.
It’s unclear to me whether or not that is lawful, and there might be litigation sooner or later to make clear the matter. In the intervening time, candidates can be nicely suggested to not apply for a charge waiver if they don’t intend to then submit the applying they requested a charge waiver for. Do additionally learn this associated publish by Sonia.
What occurs after the charge waiver utility is submitted?
Utility is granted
If the applicant is granted a charge waiver they are going to be issued with a singular reference quantity for use when making use of for permission to remain on-line.
The appliance for permission to remain should then be submitted inside ten working days. The House Workplace steerage means that that is ten working days from the date of the charge waiver resolution, however paragraph 34G of the immigration guidelines makes clear that it’s ten days from the ‘receipt’ of the choice. These days, the date of resolution and the date of receipt are normally the identical, as selections are despatched by e mail.
The steerage then says that the particular person should then make an appointment at a Service and Help Centre inside 17 working days.
If the applicant fails to make the applying inside these timescales, they might must make a brand new charge waiver utility. If their depart has expired within the meantime, they might change into an overstayer.
The method for these making use of beneath Appendix CNP is barely completely different as a result of they apply for the charge waiver similtaneously for his or her depart to stay, and any candidates on this situation ought to learn the steerage for additional particulars.
Some candidates who’ve been granted a charge waiver may additionally be capable of apply for journey help to achieve their closest Service and Help Centre (SSC), together with the place:
‘- the applicant is destitute or can be rendered destitute by paying for journey (this contains those that are in receipt of asylum assist or native authority assist)
– the applicant has skilled home abuse and is unable to afford the price of journey
– the applicant is required to journey additional than 3 miles to attend their nearest SSC and is unable to afford the price of journey’
Instance
Jose is making an utility to remain within the UK on the idea that he has parental accountability for 2 British kids. He presently has permission legitimate till 20 January 2025. He makes an utility for a charge waiver on 15 January 2025, and the applying is permitted on 15 February 2025.
Jose has ten working days to submit the applying for permission to remain as a dad or mum. If he submits the applying on time, the House Workplace will contemplate the date of utility as being the date of the charge waiver utility, on 15 January 2025, in order that his proper to stay within the UK can be prolonged till a choice has been made on the applying for permission to remain. If Jose fails to submit the applying on time, he can have change into an overstayer within the UK. If he desires to stay within the UK, he may also must make a brand new utility for a charge waiver, as he can’t depend on the one already made.
Utility is refused
Earlier than refusing an utility, caseworkers are suggested to contact an applicant who has not supplied ample proof in assist of their charge waiver, for instance:
- if proof is lacking that you simply imagine the applicant has, or may get hold of
- if proof is insufficient however could possibly be additional clarified – for instance, if an employer’s letter has been supplied however it’s lacking related info, for instance, it doesn’t verify the applicant’s gross annual wage
The standing of an applicant when their utility for a charge waiver is refused is determined by whether or not the applicant had legitimate depart on the time of the applying.
Candidates who had legitimate depart on the time of the charge waiver utility, however whose depart has since expired, would normally be greatest suggested to use for permission to remain and pay the applying charge inside ten working days. If they don’t achieve this, they’ll change into overstayers.
If the applicant had no legitimate depart on the date of utility, or nonetheless has legitimate depart on the date of refusal, they will select whether or not to pay the applying charge, or submit a brand new, higher evidenced, charge waiver utility.
Instance
Take the instance of Jose above. His utility for a charge waiver is refused on 15 February 2025, and he’s given ten working days to submit additional proof to point out that he does qualify for a charge waiver. Jose submits additional proof on 20 February 2025. In a choice of 10 March 2025, the House Workplace advises Jose that it’s nonetheless not glad that he qualifies for a charge waiver. Jose now has ten working days to submit, and pay for, an utility to stay as a dad or mum, or he’ll change into an overstayer.
In sure circumstances judicial evaluation of a refusal could also be attainable however that is unlikely to be an appropriate possibility for an utility that was made by an individual with legitimate depart, as an utility for judicial evaluation wouldn’t prolong their depart beneath part 3C of the Immigration Act 1971.
Candidates must also be cautious of submitting false or incomplete info with their purposes for a charge waiver, as it will influence not solely the applying for a charge waiver but in addition the applying for permission to remain itself. The steerage states that:
‘Candidates who fail to reveal their monetary circumstances in full, or who present false info of their charge waiver request, could have present or future purposes for permission refused due to their conduct (see Common grounds for refusal steerage). They could even be referred for enforcement motion, leading to attainable arrest and elimination.’
The steerage additional confirms that the House Workplace could undertake its personal checks concerning the applicant’s funds:
‘Checks could also be undertaken with companies comparable to HM Income & Customs, the Division for Work and Pensions and credit score checking companies (for instance Equifax or Experian) to confirm info supplied by the applicant with regard to their earnings and funds (see Doc verification steerage).’
How good is the coverage?
There isn’t any doubt that since I wrote the unique model of this text in late 2017, the coverage has considerably improved, in no small half due to the case of Dzineku-Liggison. Price waivers are actually greater than a whimsical possibility which many didn’t contemplate in any respect.
The coverage now makes it clear that the one consideration for caseworkers is whether or not candidates can afford a charge. This has been mirrored in follow, with many extra granted charge waivers than up to now.
The latest iteration of the coverage, nevertheless, appears to have made some steps again. For instance, the steerage beforehand instructed caseworkers to request additional proof twice earlier than making a refusal. The brand new steerage additionally appears to go to city on ‘non-essential spending’, arguably unlawfully. If an applicant can’t afford the charge, they need to get a charge waiver, regardless of maybe having made ‘unwise’ monetary selections. In follow, the expertise of many within the sector is that the House Workplace is now refusing purposes that may just lately have been granted.
The appliance course of can even nonetheless be improved. In the beginning, candidates nonetheless must undergo the demeaning and undignified strategy of explaining and justifying all their expenditures. That what many would contemplate well-deserved ‘treats’, like Christmas presents or a elaborate dinner out, may be labelled as ‘extravagant’ says rather a lot concerning the House Workplace’s continued perspective in the direction of migrants. Stakeholders have beforehand instructed that candidates in receipt of some advantages or asylum assist ought to be ‘passported’, like in authorized assist purposes, which appears wise to me.
The truth that purposes can solely be made on-line can also be very problematic, specifically for individuals who are destitute and should not have entry to a pc.
Lastly, the sheer quantity of proof and rationalization required additionally signifies that, paradoxically, charge waiver purposes may be so advanced that candidates could must pay for a authorized consultant to assist them put together the applying (except they will discover somebody to help with out cost, or handle to acquire authorized assist distinctive case funding).
General, although, current modifications have been constructive. Anybody who can’t afford the charge ought to definitely be inspired to submit an utility for a charge waiver slightly than placing themselves into debt.
This text was initially printed in September 2017 and has been up to date in order that it’s appropriate as of the brand new date of publication proven.
Price waivers for individuals who can’t afford immigration utility charges (recording)
This webinar gives a easy rationalization of the authorized framework surrounding charge waivers, in addition to wanting on the practicalities of constructing charge waiver purposes for entry clearance, depart to stay, and youngsters’s British citizenship purposes.
