Fee Waiver Application Lawyers

The Home Office assesses whether the applicant has credibly shown that they cannot afford the application fee or Immigration Health Surcharge after meeting essential living needs. Caseworkers will consider the finances of the household as a whole. This may include wages, self-employment income, benefits, savings, investments, property and financial support from relatives or friends.
 
They will examine how the applicant pays for accommodation, food, utilities, clothing, transport and other necessary expenses. They will also consider whether the applicant has any surplus income or savings that could reasonably be used to pay the fees. Where another person supports the applicant, the Home Office may consider whether it is reasonable to expect that person to help pay the immigration fees. Financial evidence may therefore be requested from that person.
 
Caseworkers may also examine holidays, gambling, luxury purchases, expensive celebrations or money transferred to relatives. The applicant does not have to be completely destitute. Where children are affected, their welfare and reasonable needs must be treated as a primary consideration.

The applicant should first read the refusal decision carefully. It should explain why the Home Office was not satisfied that the requirements were met. Common reasons include missing bank statements, unexplained transactions, insufficient evidence of household expenses or a failure to provide documents from someone supporting the applicant financially.
 
A fee waiver refusal is not an immigration decision, so there is no formal right of appeal or administrative review. It is generally possible to submit a new fee waiver request with better evidence.
However, submitting another request may be risky where the applicant’s immigration permission has already expired. A second fee waiver request submitted during the ten-working-day period following the first decision does not extend section 3C leave.
 
Where the applicant had valid permission when the original request was made, they may need to submit the relevant immigration application within ten working days of the decision to preserve section 3C leave. The applicant may therefore need to pay the fees and apply or obtain urgent legal advice before taking further action.

Section 3C of the Immigration Act 1971 may protect a person whose immigration permission expires while their fee waiver request is being considered. The person must have had valid immigration permission when the fee waiver request was submitted. That permission must then expire before the fee waiver decision is made.
 
Following the decision, the applicant must submit a valid immigration application within ten working days. It must be the same type of application for which the fee waiver was requested. Where these conditions are met, the person’s previous immigration permission may continue under section 3C. The conditions attached to that permission will also normally continue. For example, if the person previously had permission to work, they may continue working under the same restrictions. Section 3C will not normally apply where the fee waiver request was submitted after the person’s permission had already expired.
 
Submitting another fee waiver request within the ten-working-day period does not extend section 3C leave. Missing the deadline may have serious consequences, so legal advice should be obtained promptly.

There is no requirement to use a lawyer when making a fee waiver request. An applicant may complete the online form themselves. However, legal advice can be helpful where the person is unsure whether their immigration application qualifies for a fee waiver or whether their financial evidence is sufficient.
 
A lawyer may be particularly useful where the applicant is self-employed, receives cash income, has several bank accounts, owns assets or relies on financial support from different people. Advice may also be needed where bank transactions are difficult to explain, important documents are unavailable or the applicant has experienced homelessness, domestic abuse, disability or serious health problems.
 
Urgent legal advice should be sought where the person’s immigration permission is close to expiring, their employer is questioning their right to work or a previous fee waiver request has been refused.
A regulated immigration adviser can identify gaps in the evidence, explain unusual transactions and ensure that the request is linked to the correct immigration application. This can reduce the risk of refusal or missed deadlines.

Submitting a fee waiver request does not create a new right to work. The person’s right to work will depend on their previous immigration permission and whether section 3C applies. Where the person had valid permission to work when the fee waiver request was submitted, and all the section 3C requirements are later met, their previous work conditions may continue.
The employee should keep evidence of the fee waiver request, the decision and the subsequent immigration application. Where possible, they should provide their employer with a share code for an online right-to-work check. If the person’s status cannot be confirmed through the online service, the employer may need to use the Home Office Employer Checking Service. A Positive Verification Notice confirms that the person is permitted to undertake the work concerned and normally provides the employer with a statutory excuse for six months.
 
Employers should not rely only on an expired visa record or dismiss someone without carrying out the appropriate checks. Where the position remains unclear, both the employer and employee should obtain advice.

Where the fee waiver is granted for a family or private life application, the Home Office will normally issue a Unique Reference Number or fee waiver code. This must be used when submitting the main online immigration application.
 
The application must usually be submitted within ten working days of the fee waiver decision. The applicant must then follow the instructions regarding biometric enrolment. The decision email should be checked carefully because strict deadlines may apply.
 
A full waiver may cover both the application fee and the Immigration Health Surcharge. A partial waiver may cover only the surcharge or apply to only some family members. Any outstanding amount must be paid as directed by the Home Office. If the request is refused, the applicant may need to pay the relevant fees and submit the main immigration application within ten working days, particularly where they are relying on section 3C leave. Once the main application has been submitted, it will be considered separately. A successful fee waiver does not guarantee that immigration permission will be granted.