UK Human Rights And The Fee Waiver Policy

The Positive changes regarding Fee waiving policy of the HOME OFFICE 

1. In simple words,the immigration application fee by the Home office is completely ripoff of immigrants who are already struggling in their life. It’s totally not proportional to the quality of the service they provide.

The minimum application fee ( other than the point based system ) cost £1,048. In addition to that ‘Immigration Health Surcharge’ is £624 a year for adults and £470 for children.

To pass the English test one needs to pay £150. If someone has to travel or any other genuine reason for urgency to expedite the process, they have to pay £800 for super priority service.

As, the immigration law and rules have become very complex ( recently the two judges of the highest court of appeal, said if they can’t define and understand some immigration laws, how immigrants can navigate it❓)

Therefore, if one includes the Solicitors/ advisors fee, which is essential in certain complicated cases. The total fee can touch the figures of £5000.

Under these circumstances, one can realise that every immigrant can not afford this kind of fee, just to regularise their stay from overstayers/illegals or to renew their permission to stay in the UK 🇬🇧




Now, the good news is that three case laws by the Judges have established that it’s unlawful for the Home office to charge a fee from the applicants, who can’t afford it or applying under the Human rights based applications. It will be itself breach of Human rights law, where the person concerned can not afford the fee and asked not to apply unless they pay the money.

In view of these new developments, in addition to in country applications, now it’s possible to get a waiver for the Entry Clearance (application from outside the UK) as well as a Registration of a child as British citizen.

At the moment, the Home office apart from other compassionate grounds, considering the applications for the fee waiver on the following two basis.

(a) DESTITUTE

(b) AFFORDABILITY

Destitution: The Home office has become quite lenient about the definition of a destitute.

Previously, only those applicants could qualify under this category, who were already destitute.

Destitute are those people, who are not earning or do not have any other source of income and have no facility of housing.

Now, the positive change is that even those applicants will be considered, who are not destitute.

Even those applicants will be considered who are at risk of becoming destitute if they pay the H.O fee.

The word ‘Imminent’ is mentioned for this category of people and it means that if they will become destitute within next three months.

Affordability: This is a concession for all those people who are not destitute or at the risk of destitution.

The Home office will see the documentary evidence i.e utility bills and other outgoings of household, whether applicants have ‘surplus income’ after meeting essential living needs and savings. Particularly, if their children needs will be affected by paying the Home office fee.

The case law has repeatedly defined that the Secretary of State must agree to waive the fee, when an applicant is unable to afford the fee, particularly in Human rights claim by the overstayers and illegals.

Therefore, all those applicants are strongly advised to apply for the fee waiver instead of borrowing money or putting themselves in debits

Dost Malik.