The cost of applying for permission to stay in the UK can be considerable. Alongside the application fee, many applicants are also required to pay the Immigration Health Surcharge (IHS). For individuals who cannot meet these costs, the Home Office provides a fee waiver in limited circumstances.
A fee waiver is not available for every immigration application. It applies only to specified routes and is assessed against strict financial criteria. Applicants must demonstrate that paying the required fees would leave them unable to meet their essential living needs or, where applicable, the needs of a child.
This article outlines who may be eligible for a fee waiver, how the Home Office assesses applications and the evidence required to support a request.
What is an immigration fee waiver?
A fee waiver removes the requirement to pay the immigration application fee, the Immigration Health Surcharge (IHS), or both, where an applicant is unable to afford the cost.
In most cases, the underlying human rights claim must form a substantive basis of the immigration application. Simply referring to human rights in an application that is primarily made on another immigration basis will not normally qualify an applicant for a fee waiver.
In some cases, an applicant may be able to pay the application fee but not the Immigration Health Surcharge. In these circumstances, it is possible to apply for a waiver of the IHS only.
Which applications may qualify?
Fee waivers are available for certain immigration applications, including eligible applications based on:
- Family life, including partner and parent routes.
- Private life in the UK.
- Human rights under the European Convention on Human Rights.
- Certain discretionary leave applications.
- Applications under Appendix Child Staying with or Joining a Non-Parent Relative.
- Certain applications under the Hong Kong BN(O) route.
- Indefinite leave to remain applications by eligible victims of domestic abuse and bereaved partners.
Eligibility depends on both the immigration route and the applicant’s financial circumstances.
How does the Home Office decide whether an applicant qualifies?
Each fee waiver request is assessed individually.
The Home Office considers whether the applicant has sufficient funds available after meeting their essential living needs. Applicants do not have to prove that they are destitute. Instead, they must demonstrate that they cannot reasonably afford the application fee, the Immigration Health Surcharge, or both.
When making a decision, the Home Office may consider:
- Income from employment or self-employment.
- Savings and other financial assets.
- Welfare benefits.
- Regular household expenditure.
- Financial support from a spouse, partner, family member or friend.
- Whether any assets could reasonably be used to pay the fees.
Applicants who receive ongoing financial support from another person may also be asked to provide evidence of that person’s financial circumstances where it is reasonable to expect they could contribute towards the fees.
What are essential living needs?
The Home Office assesses whether an applicant has sufficient funds available to pay the fee after meeting their essential living needs.
These generally include:
- Accommodation costs.
- Utility bills.
- Food and household essentials.
- Clothing and toiletries.
- Non-prescription medication.
- Household cleaning products.
- Reasonable travel and communication costs.
- Maintaining interpersonal relationships and accessing a reasonable level of social, cultural and religious life.
Where there is sufficient surplus income after these expenses have been met, a fee waiver is unlikely to be granted.
UK Home Office may also refuse a request if it considers that funds have been deliberately reduced or spent on non-essential items instead of being available to pay the immigration fees.
Evidence required
The responsibility for demonstrating eligibility rests with the applicant. A fee waiver request should be supported by clear, accurate and up-to-date evidence of the applicant’s financial circumstances.
Evidence will vary depending on the individual’s situation but may include:
- Bank statements covering the previous six months.
- Payslips or evidence of self-employment income.
- Tenancy agreements or mortgage statements.
- Utility bills.
- Evidence of benefits received.
- Details of regular household expenditure.
- Evidence of savings or other assets.
- Evidence of financial support from family members or friends, where applicable.
Applicants should explain any significant or unusual transactions shown on their bank statements. If certain documents cannot be obtained, they should provide a clear explanation together with any alternative evidence available.
UK Home Office may exercise evidential flexibility where there is a compelling reason why documents cannot be provided. It may also verify financial information with other government departments and relevant agencies. Providing false or misleading information may result in the refusal of the fee waiver request and may affect future immigration applications.
Applying for a fee waiver
Where a fee waiver request is granted, the applicant will be issued with a Unique Reference Number (URN) to use when applying for permission to stay online.
If an applicant is granted a waiver for the application fee, the Home Office will issue a Unique Reference Number (URN) to be used when applying for permission to stay online. The application must normally be submitted within 10 working days of the fee waiver decision. The Home Office guidance also sets out different procedures for some application types, and applicants should follow the process that applies to their application.
Applications involving children
Where a child is affected by a fee waiver request, the Home Office must treat the child’s best interests as a primary consideration.
Caseworkers will consider whether paying the immigration fees would significantly affect the child’s wellbeing. This includes assessing whether payment of the fees would leave insufficient funds to meet the child’s essential needs or otherwise have a disproportionate impact on their welfare.
What happens after a decision?
If a fee waiver is granted, the applicant can proceed with their immigration application using the Unique Reference Number provided by the Home Office.
Where further information is required before a decision can be made, the Home Office may ask the applicant to submit additional evidence.
If the request is refused, applicants may choose to pay the required fees or, where appropriate, submit a new fee waiver request supported by further evidence.
Conclusion
A fee waiver can provide essential financial relief for applicants who cannot afford the cost of an immigration application. However, eligibility is determined on a case-by-case basis, and applicants must provide sufficient evidence to demonstrate that paying the required fees would leave them unable to meet their essential living needs.
Preparing a well-supported application, with clear and comprehensive financial evidence, is an important part of the process and can help ensure that the Home Office is able to make an informed decision.
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