Immigration Solicitors

The Home Office fee waiver policy is a policy in which the Secretary of State for the Home Department has agreed to waiver an application fee if failure to do so would render an applicant incapable of exercising their Human Rights, in particular, Article 8 of the European Convention of Human Rights.

The fee waiver policy states that an applicant will qualify for a fee waiver in very limited circumstances whereby an application to the Home Office is made evidencing that an applicant would be rendered destitute by payment of the fees and that they only have enough money to meet their basic living needs. In order to demonstrate eligibility for a fee waiver, an applicant must show that:

(a) They have no additional disposable income such that they could either:

(i) pay the fee now; or

(ii) save the required amount within a reasonable period (12 months) (and it would be reasonable in all the circumstances to expect the applicant to delay their application for this length of time);

in either event, without compromising their ability to accommodate themselves adequately or meet their other essential living needs; and

(b) They have no ability to borrow the required amount from family or friends; and

(c) There is no basis for concluding that the applicant’s financial circumstances are likely to change within a reasonable period (12 months) (and it would be reasonable in all the circumstances to expect the applicant to delay their application for this length of time); or

In order to assess whether an applicant would be eligible for a fee waiver, the Home Office may do background checks to assess whether the applicant fits the criteria for a fee waiver. If an applicant qualifies for a fee waiver, their application form will be passed onto the Home Office Caseworking Team for consideration as per the usual requirements.

However, if the applicant does not qualify for a fee waiver, their application will be returned to the applicant and will be deemed invalid. When this is the case, the applicant will be required to pay a fee in order for their application to be considered.

In recent cases, applicants have made an application for a fee waiver which has been returned as invalid despite the applicant evidencing that they are unable to pay the required fee. In doing so, the Home Office are acting outside of their powers by failing to incorporate the Secretary of State for the Home Department’s policy to individual cases. Therefore, breaching their duty under Article 8 of the European Convention of Human Rights, leaving the Applicant with no option but to challenge the decision by way of judicial review.

About the Author- Krishma Bathia

Krishma Bathia joined Duncan Lewis as an Immigration Caseworker in November 2013. She is currently an accredited Level 2 Caseworker and Trainee Solicitor within the Public Law department.