Fee Waiver: What Can You Do If You Cannot Afford to Pay Your UK Immigration Application Fee?

Fee Waiver: What Can You Do If You Cannot Afford to Pay Your UK Immigration Application Fee?

In this guide, we explain who can apply for a fee waiver, how the Home Office assesses applications, and how our experienced legal team can support you throughout the process.

Expert Advice on Fee Waiver Applications

Immigration applications in the UK are costly, often running into thousands of pounds. For many individuals and families, these high application fees become a major barrier to regularising their status. At Deluxe Law Chambers, our expert immigration solicitors in London & Manchester understand the financial pressures faced by migrants and offer specialist assistance with fee waiver applications for those who cannot afford to pay.

Background to the Policy on Fee Waivers: Case Law

UK case law has firmly established that charging a fee for a human rights-based immigration application is unlawful if the applicant cannot afford to pay. Key cases include:

• R (Omar) v SSHD [2012] EWHC 3448
• R (Carter) v SSHD [2014] EWHC 2603
• R (Dzineku-Liggison & Ors) v SSHD [2020] UKUT 222

These cases confirm that affordability — not destitution — is the key test. The Home Office must waive the fee if requiring payment would breach an applicant’s human rights.

Who Can Qualify for a Fee Waiver?

You may be eligible for a fee waiver if:

• Your immigration application raises human rights issues
• You cannot afford the fee
• You are applying from within the UK

Eligible applications include:

• Five-year partner, parent, or private life routes
• Ten-year family/private life routes
• Discretionary leave extensions
• Leave to remain for children under Appendix CNP
• Appendix Hong Kong BN(O) extensions (with NRPF lifted)
• Victims of trafficking or modern slavery
• Victims of domestic abuse (ILR)
• Bereaved partners (ILR)

You may also request a waiver of the Immigration Health Surcharge (IHS) separately.

Criteria to Be Granted a Fee Waiver

To qualify, you must show that you cannot afford the fee after meeting essential living needs. Destitution is no longer a requirement (except for domestic abuse and bereavement ILR cases).

The Home Office will consider:

• Household income and savings
• Outgoings for essential needs
• Support received from family or friends
• Evidence of destitution or risk of destitution (if applicable)

How Does the Home Office Consider Applications for Fee Waivers?

Fee waiver applications are assessed holistically, focusing on affordability rather than strict poverty levels. The Home Office will consider:

• Bank statements, tenancy agreements, and utility bills
• Support from relatives or charitable organisations
• Whether the applicant’s spending has been “non-essential” or avoidable

Assessing “Surplus Income”

Caseworkers will assess your:

• Accommodation costs
• Utility bills
• Food and essential household items
• Clothing and toiletries
• Medical costs (non-prescription)
• Income from employment, benefits (except DLA/PIP), or informal support

They may refuse your application if they believe:

• You’ve disposed of assets intentionally
• You’ve prioritised non-essential spending
• A supporter could reasonably pay your fee

Best Interests of a Child

Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Home Office must consider the best interests of a child. If paying the fee would harm a child’s wellbeing, this must weigh in favour of granting a fee waiver.

How to Submit the Application

Most fee waiver applications are submitted online, prior to submitting your main immigration application.

Evidence Requirements

To strengthen your application, submit:

• 6 months of bank statements and payslips
• Tenancy agreement and utility bills
• Letters from supporters, local authorities or charities
• A clear financial breakdown of income and expenditure
• Explanations for any unusual or “non-essential” spending

If official evidence is missing, you must explain why.

Section 3C Leave during fee waiver application

Applicants benefit from section 3C leave if they:

• Submit a valid fee waiver request before their current leave expires
• Submit a valid application for leave to remain within 10 working days of receiving the fee waiver decision

Be sure to apply for the same route you requested the fee waiver for — switching routes could invalidate your 3C leave.

What Happens After the Fee Waiver Application Is Submitted?

If Granted:

• You receive a Unique Reference Code
• You must submit your main application within 10 working days

If Refused:

• You may be asked for more evidence
• If you had valid leave, apply and pay the fee within 10 working days to avoid overstaying

How Good Is the fee waiver Policy?

The current Home Office policy is a significant improvement on past practice, focusing on affordability rather than strict destitution. However, challenges remain:

• The process is complex and evidence-heavy
• Applicants must disclose intimate financial details
• The burden remains on the applicant to justify every expense
• No offline option is available for most applicants, disadvantaging the digitally excluded

Despite its flaws, the fee waiver policy is an essential safeguard for vulnerable individuals. At Deluxe Law Chambers, our immigration solicitors have successfully helped clients across the UK secure fee waivers and protect their immigration status.

Need Help With a Fee Waiver Application?

If you cannot afford to pay your immigration application fee, contact Deluxe Law Chambers today. We offer professional and affordable immigration legal services, including:

• Fee waiver applications
• Human rights-based leave to remain
• Appeals and judicial review
• Family and private life immigration matters

📞 Call us on 01614644140
📧 Email: info@deluxelawchambers.co.uk
🌍 Book An Appointment: Book Appointment

Why choose Deluxe Law Chambers For Your UK Visa Immigration Cases?

Looking for trusted immigration solicitors in Manchester or London? At Deluxe Law Chambers, we offer expert legal advice for all UK visa and immigration matters. Our team is here to make your visa application process smooth, simple, and stress-free.

✅ Experienced Immigration Solicitors: Our team has years of experience and stays up to date with the latest UK immigration rules. We give you accurate and honest legal advice.

✅ Personalised Legal Support: Every visa case is different. We take the time to understand your situation and offer solutions that work for you.

✅ Fast Visa Services: Need a quick decision? We offer Priority and Super Priority visa services for faster results.

✅ Online & In-Person Services: We can handle your case online or in person at our Manchester office—saving you time and travel costs.

✅ Open 7 Days a Week: We’re available every day, including weekends, to offer expert immigration advice when you need it most.

✅ Free Initial Advice: Call us for a free 5-minute advice to get started.

✅ Fixed Fees with Instalments: Clear, affordable pricing with the option to pay in two instalments—no hidden costs.

At Deluxe Law Chambers, we are committed to providing professional, fast, and reliable immigration services.

• 📞 Call us now: 0161 464 4140
• 🌍 Book An Appointment: Click here to book an appointment