UK Fee Waiver Application Risks 2026: What Applicants Must Understand Before Applying
In this blog we will cover the limitations and potential consequences of making a fee waiver application when you are not intending to make a Human Rights Application.
Should you make a Fee Waiver application?
It’s no secret that Home Office application fees are expensive and are only increasing in cost. Luckily, the Home Office does have a policy which allows applicants to waive their fees in certain circumstances which can be critical for some applicants who otherwise would not be able to regularise their immigration status or renew their permission to stay in the UK. Not only do fee waiver applications provide financial reassurance, but they also provide the ability for an applicant to benefit from section 3C leave. This means that regardless of the decision, the applicant will be able to remain in the UK until they receive a decision regarding their fee waiver application even if their previous visa has expired.
On the surface, this can appear as a life line for anyone who cannot afford the application fees as well as anyone who wishes to buy some time through the use of section 3C leave, however, it is imperative to understand that fee waiver applications can only be used in certain circumstances.
When a fee waiver application could potentially be made:
In short, a fee waiver application can be made when an applicant is unable to afford the Home Office fee AND has a human rights claim that constitutes the substantive basis of their application. These will often relate to applicants under the private life or family routes, those who have discretionary leave or leave outside the Immigration Rules on human rights grounds, or individuals who have permission to stay as victims of modern slavery or trafficking.
When you should not make a fee waiver application:
You should not make a fee waiver application if you can afford the Home Office fees and if you are intending to make an application that does not have a human rights claim.
For example, if your graduate visa is due to expire and you are intending to make an application for a Skilled Worker visa but are yet to secure a sponsor, you should avoid making a fee waiver application for the sole purpose of securing section 3C leave while you search for employment. This is because a fee waiver application must be made in relation to an application that the applicant has confirmed they intend to make. The form itself specifies which applications fall for consideration for a fee waiver and all relate to human rights, private and family life. It does not include any work based routes.
If you were to submit a fee waiver application despite not intending to make an application under one of the specified applications, this is likely to amount to deception. The consequences of this do not only impact the fee waiver application but also any subsequent applications. Using the previous example, if you were to submit a Skilled Worker application, you would need to meet the suitability requirements including SW 2.1 which outlines that an applicant must not be subject to grounds for refusal such as using deception in current or previous applications. This could be found even if the fee waiver application was withdrawn before submitted the new application.
Furthermore, deception is classed as a breach of immigration laws which means that anyone who has used deception in an application whether this has been successful or not, will be subject to a ten-year ban on entering the UK. Under Section 24A of the Immigration Act 1971, this would also be classed as a criminal offence which upon conviction can result in up to 2-year imprisonment as well as a fine.
In conclusion, although Fee Waiver applications can be a lifeline for a lot of applicants, you should avoid submitting baseless applications purely for the purposes of securing section 3c leave as this is likely to have serious consequences on your current and future immigration status in the UK.
How OTB Legal can help you:
Understanding when you should or should not apply for a Fee Waiver can be complicated and overwhelming. Our highly experienced solicitors and legal advisors provide clear, practical guidance to help you understand and consider what is the best option for you.
If you have questions or need assistance, please get in touch.
