Important Update: Fee Waiver Applications and Your Visa Status (2026 Case Law Update)

A new immigration court decision has clarified what happens when you apply for a fee waiver before submitting a visa application.

This is very important because it affects whether your visa is protected while waiting for a decision.

1. What is a Fee Waiver?

A fee waiver is when you ask the Home Office to waive the application fee because you cannot afford it. Many people apply for a fee waiver before submitting their visa application.

2. The Key Rule You Must Know

Applying for a fee waiver does NOT automatically protect your visa status. To stay protected, you must do one more step.

3. The Most Important Deadline: 10 Working Days

Once the Home Office makes a decision on your fee waiver: You must submit your full visa application within 10 working days. This is a strict deadline.

4. What Happens If You Submit in Time

If you apply within the 10 days:

• Your visa is treated as applied for on the date you requested the fee waiver

• Your legal stay in the UK continues automatically (called Section 3C leave)

• You remain lawfully in the UK while waiting for a decision

5. What Happens If You Miss the Deadline

If you do NOT submit your application within 10 working days:

• Your fee waiver request does NOT count as a visa application

• You will NOT be protected by Section 3C leave

• You may become an overstayer immediately

• This can affect future applications

This is very serious.

6. Important: Checking Your Email

The Home Office only needs proof that they successfully sent the fee waiver decision.

It does NOT matter if:

• You did not open the email

• You did not see it in time

The deadline still applies.

7. Simple Advice to Stay Safe

If you apply for a fee waiver:

• Check your email daily (including spam folder)

• Prepare your full application in advance

• Submit immediately after the decision

• Do NOT wait until the last day

8. Why This Matters

Many people wrongly believed that: “Applying for a fee waiver automatically protects my visa.”

This is NOT true.

You are only protected if you complete the full application within the deadline.

If You Need Help

If you have applied for a fee waiver or received a decision recently, seek advice immediately so you do not lose your legal status.

If you are unsure how these changes might affect you, seek immigration advice as early as possible.

Please use the following link to book a consultation with us CLICK HERE

At Tulia, we believe that everyone deserves to have a safe and welcoming place to call home. We are committed to helping migrants settle well in the UK and to achieve their full potential. Don’t forget to share this article!

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