Fee waivers no longer protect you if you switch visa route from 8 October 2026
From 8 October 2026, a fee waiver request only protects your application date if you then apply on the same visa route. If you switch to a different route, your application counts from the day you actually submit it. If your visa has already run out by then, you could become an overstayer and lose your right to work.
First, two terms in plain English
Fee waiver: if you cannot afford the Home Office fees for a human rights or family application, you can ask the Home Office to waive them. You make this request before the main application.
Section 3C leave: if you apply to extend your stay before your visa expires, the law keeps your visa running, with the same conditions (including the right to work), until the Home Office decides. This only works if your application is made in time.
How it worked until now
When you made a fee waiver request, your later application was treated as made on the date of that request. Some people made a fee waiver request on a human rights route, then later applied on a completely different route, for example as a Skilled Worker once a job offer came through. The later application still took the earlier date, so it counted as in time.
What changes on 8 October 2026
The Home Office says the change is meant to stop the human rights fee waiver process being used to extend someone's stay before they move to a different, non-human-rights route.
An example
Amara's visa expires on 30 September 2026. On 20 September she asks for a fee waiver for a family and private life application. Then her employer offers her a sponsored job, and she applies as a Skilled Worker on 15 October.
Under the new rules, her Skilled Worker application is dated 15 October, two weeks after her visa expired. It was not made in time, so section 3C does not keep her visa running. She is treated as an overstayer from 1 October and has no right to work while her application is pending.
Who is affected and what to do now
You should take advice now if any of these apply to you:
You have made, or plan to make, a fee waiver request and your visa expires soon.
You made a fee waiver request on one route but may now apply on another, for example while waiting for a Certificate of Sponsorship from an employer.
You made a fee waiver request before 8 October 2026 but have not yet submitted your main application. A fee waiver request is not itself an application, so you are not automatically covered by the old rules.
What to do:
Check your visa expiry date. Write it down and keep it somewhere safe.
Do not assume a pending fee waiver extends your visa. It only protects you on the same route.
If you might switch route, apply before your visa expires. An application made before expiry is in time on its own date.
Watch the 10 working day deadline. After a fee waiver decision, you must submit your application within 10 working days to keep the earlier date, even on the same route.
Keep working only if you are allowed to. If your visa has expired and section 3C does not apply, you must stop work. Working without permission can harm future applications.
Get advice before your visa expires, not after. Once the date has passed, options are much more limited.
Other changes in brief
The same statement of changes (HC 584, published 3 September 2026) also makes these changes:
In most cases, applications made before the start date are decided under the old rules.
How Tulia can help
If you have a fee waiver request pending, or your visa expires in the coming weeks, contact us before you submit anything. We can check your dates, confirm which route is right for you, and make sure your application is made in time.
Book a consultation to speak to an immigration adviser HERE
This article is for general information only and is not a substitute for individual immigration advice. If you are currently mid-application or unsure how these changes affect you, please speak to an adviser as soon as possible.
Sources: Statement of changes to the Immigration Rules: HC 584, 3 September 2026 (GOV.UK)
