Fee Waiver on Home Office Applications
As everyone is aware, the Home Office have fees for any Immigration application that is made by an applicant. These can range from £65 for an EEA Residence Card Application to £1875 for Indefinite Leave to Remain Applications or in some cases even higher. So what if you cannot afford to pay the fee? What happens then?
The Secretary of State will cancel having to pay the fee if it would mean failure to do so would mean that the applicant is incapable of exercising their rights under the European Convention on Human Rights (ECHR). The Secretary of State will waive the fee in respect of certain types of applications, these being Leave to Remain under the 10-year partner, parent or private life route on the FLR(FP) form, where the applicant claims that refusal of that application for leave to remain would breach his or her rights under Article 8 ECHR (right to a private and family life) or applications for Leave to Remain on the basis of ECHR article other than Article 8 made on an FLR(O) form. So in other words, Article 8 applications, FLR(FP) applications and FLR(O) applications.
The main purpose to waive the fee is if it is deemed that the applicant would be rendered destitute if made to pay the fee.
An applicant will qualify for a fee waiver in the following circumstances:
1. When the applicant has demonstrated, by way of evidence, that they are destitute. (As set out more fully below, a person is deemed to be destitute for these purposes when they do not have adequate accommodation or any means of obtaining it; and/or they cannot meet their other essential living needs); or
2. When the applicant has demonstrated, by way of evidence, that they would be rendered destitute by payment of the fee, because whilst they have adequate accommodation and can meet their essential living needs:
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
3. The applicant has demonstrated, by way of evidence, that notwithstanding the fact that neither 1. nor 2. apply, there are exceptional circumstances in their case such that the fee waiver should be granted. The ‘exceptional circumstances’ relied on must relate to the applicant’s financial circumstances and their ability to pay the fee.
The Secretary of State informs us that the fee waiver application shall take into consideration the safeguarding and promotion of the welfare of children in the UK when making its decision.
So what about those people that are not making an Article 8, FLR(O) or FLR(FP) application? Why are their needs not considered? Why are they not applicable for a fee waiver if as the Secretary of State put it ‘it would mean that the applicant is incapable of exercising their rights under the European Convention on Human Rights (ECHR).’ Even those that are not making an application under FLR(O) or FLR(FP) are entitled to a right to a private and family life are they not even if they cannot afford the fee for say a naturalisation application?
I am currently in the process of making a naturalisation application under the basis of the fee waiver. My clients have limited funds available to them due to the disability they have. They are unable to work and therefore are unable to pay the high fees required of them by the Home Office. They have been resident in the UK for over 25 years and built their whole life in the UK. They wish to be naturalised however they are told they must pay the fees for this. However, in these cases the applicant would qualify for a fee waiver if making an FLR(O) or FLR(FP) application, as the applicant by way of evidence has proved that they are destitute. The clients, whilst having adequate accommodation and can meet essential living needs (just) have no additional disposable income for them to pay the fee now or save and pay in 12 months’ time. They have no friends or family that they can borrow from and there is no basis to conclude circumstances will change in the next 12 months. All these have been evidenced by way of documentary evidence. They have worked in this country, paid the taxes and lived a majority of their life in the UK building up a private and family life. So why should they not also be considered for the fee waiver? Why should the Secretary of State make them pay when someone making an FLR(O) or FLR(FP) application wouldn’t?
I intend to make the argument that these clients have developed an Article 8 right and also should be allowed the fee waiver on the basis of the law set out by the Secretary of State. There are no reasons as to why it is simply limited to the FLR(O) or the FLR(FP) applications and therefore it is believed that the fee waiver should be extended to all those that would fall under the criteria.
I shall keep everyone informed of how the application goes and what decision has been made by the Home Office on the applications sent.
If this is something that affects you or if you need some advice in relation to your situation, please feel free to contact us at Reece Thomas Watson Solicitors on 020 3841 8580. Our specialist Immigration Solicitor will be more than happy to help you.
Pritesh Davdra Immigration Solicitor Reece Thomas Watson Solicitors