30 June 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Guidance on fee waivers (free applications) for entry clearance applications: https://www.gov.uk/government/publications/affordability-fee-waiver-overseas-human-rights-based-applications-article-8
The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as the fees are set at a level that is prohibitive for many families.
The guidance emphasises that the test is affordability, and whether the applicant and their sponsor “do not have sufficient funds at their disposal, after meeting their essential living needs, to pay the fee”.
Who can qualify for a fee waiver?
This fee waiver is only available to those who are applying to come to the UK on the basis of their right to family or private life under Article 8 of the European Convention on Human Rights. The guidance says, in bold, that
"Applicants will only be granted a fee waiver on the basis of their Article 8 ECHR rights in cases where the underlying human rights claim on which they rely forms a substantive basis of their application."
They must be applying under one of the following routes:
1. Paragraphs 276U and 276AA (partner or child of a member of HM Forces)
2. Paragraphs 276AD and 276AG (partner or child of a member of HM Forces) where the sponsor:
is a foreign or Commonwealth member of HM Forces
has at least 4 years’ reckonable service in HM Forces at the date of application
3. Part 8 of the immigration rules (family members) where the sponsor:
is present and settled in the UK, but not under paragraphs 319AA to 319J (points-based system (PBS) dependents), paragraphs (281-283), (sponsor granted settlement as a PBS Migrant)
has refugee or humanitarian protection status in the UK
4. Part 4 or Part 7 of Appendix Armed Forces (partner or child of a member of HM Forces) where:
the sponsor is a British citizen or has at least 4 years’ reckonable service in HM Forces at the date of application
5. Appendix FM (family members)
As with in-country fee waivers, it is possible to also request the waiver for some or all dependants, as well as the main applicant. What is not possible is paying part of the application fee and having the rest waived. So if someone cannot afford the entire fee, then it should be waived in full. It is however possible to get a fee waiver in respect of the Immigration Health Surcharge only, if the person can afford the fee but not the IHS.
The guidance explicitly states that the outcome of a fee waiver application is not a barrier to entry to the UK. That’s important because some people may worry that making such an application could in itself, affect their entry clearance application. In principle, they are completely separate.