UK Immigration Fee Waivers: What They Are and What They Are Not
The cost of making an immigration application in the UK is substantial. For most human rights-based applications, individuals are required to pay a £1,033 application fee and an Immigration Health Surcharge (IHS) of £624 per year. For a standard 30-month leave to remain application, this totals £2,593 per person.
For those unable to meet this cost, the Home Office provides a mechanism known as a fee waiver. This blog explains what a fee waiver is, who can apply, the criteria involved, and how to apply successfully.
What is a Fee Waiver?
A fee waiver is a request to the Home Office to exempt an applicant from paying the standard application fee and/or the Immigration Health Surcharge. It does not confer immigration status, and it is not a visa. Rather, it is a financial concession that allows an eligible individual to submit a valid immigration application without payment, where the cost would otherwise be unaffordable.
Importantly, the Home Office cannot lawfully require payment for a human rights-based immigration application if doing so would prevent an individual from asserting their rights under the European Convention on Human Rights (ECHR), particularly Article 8 (right to family and private life).
Who Can Apply for a Fee Waiver?
Fee waivers are available to individuals making a human rights-based application for leave to remain. These include:
Parents or partners applying under the 10-year route
Parents applying under the five-year route
Partners applying under the five-year route where the financial requirement is exempt
Applications based on Article 8 (family/private life), or other ECHR rights
Individuals with discretionary leave (e.g. victims of trafficking, failed asylum seekers)
Individuals applying to remove the “no recourse to public funds” (NRPF) condition
Applications based on Article 3 (serious medical conditions) are not subject to application fees and therefore do not require a fee waiver.
Fee waivers are not available for:
Indefinite Leave to Remain (ILR), except in limited circumstances
Naturalisation or registration as British (with limited exceptions)
Economic migration routes such as work or student visas
Does Applying for a Fee Waiver Affect My Status?
No. Applying for a fee waiver does not negatively affect your immigration status or the outcome of your leave to remain application. If the waiver is granted and you proceed to apply for leave, your application will be assessed independently on its merits under the Immigration Rules.
When Should I Apply for a Fee Waiver?
If you currently have valid leave to remain:
You should apply for a fee waiver no more than 28 days before your leave expires. If submitted within this window, your leave will continue under Section 3C of the Immigration Act 1971 until a decision is made on your fee waiver and subsequent application.
If you do not currently have leave:
You must apply for the fee waiver before submitting your application for leave to remain. You will then have 10 working days to submit your application after a waiver decision is made.
How Do I Apply?
Applications are made online through the official Home Office platform:
Apply for a Fee Waiver
The form is free to use. If you have dependants, include them in the same application.
Supporting documents must be submitted within 10 working days of submitting the fee waiver request. The Home Office typically takes around four weeks to issue a decision, although timescales can vary.
What Must I Prove?
You must show that you cannot afford the application fee and/or IHS. You do not need to prove destitution or exceptional circumstances. The courts have held that the Home Office cannot require applicants to demonstrate that they have exhausted all possible borrowing options.
The threshold is straightforward: whether you have sufficient funds available to pay the fee after meeting essential living costs.
How Does the Home Office Assess Applications?
Caseworkers assess whether applicants:
Have sufficient income or savings to pay the fee
Have made any non-essential purchases (e.g., holidays, luxury items, gambling)
Are supported by others, and whether that support can reasonably cover application fees
Have children or dependants whose welfare must be considered
The existence of some savings does not automatically disqualify you. Explain in your application why such savings are needed for emergencies, child welfare, or job insecurity.
Recommended Financial Summary Format
Including a clear income and expenses table in a covering letter is strongly advised. For example:
Income (per month)
Wages: £xxx
Benefits: £xxx
Total: £xxx
Expenses (per month)
Rent: £xxx
Utilities: £xxx
Food: £xxx
Transport: £xxx
Childcare: £xxx
Total: £xxx
What Evidence Should I Submit?
The Home Office will generate a documents checklist, but generally you should include:
Copy of passport or BRP
Six months of bank statements (for all accounts)
Payslips and employment letters
Tenancy agreement or mortgage statements
Six months of utility bills and council tax
Benefit documentation (e.g., Universal Credit journal)
Letters from those providing financial or housing support
Medical evidence, if relevant
Cover letter explaining your financial position
If you rely on informal financial support or part-time work due to childcare, provide appropriate letters or evidence.
What Happens if My Application is Refused?
There is no right of appeal. Your options are:
Submit a new waiver application with stronger evidence
Pay the full fee and proceed with the immigration application
In limited cases, pursue a judicial review (this is often impractical for renewals due to time constraints)
If the Home Office requests additional information, you must provide it within 10 working days.
Frequently Asked Questions
Is a fee waiver a visa?
No. It is a mechanism to remove the requirement to pay a fee. You must still submit a valid immigration application afterward.
Does applying for a fee waiver affect my ability to work?
If you apply before your leave expires, your existing rights continue under Section 3C protection, including your right to work.
Do I need to show I have asked family or friends for money first?
No. The Home Office cannot lawfully require you to exhaust all borrowing options.
What if I miss the 10-day deadline to submit the visa application?
You may lose your lawful status, and the fee waiver code will expire. You would need to reapply or pay the full fee.
Can I reapply if I am refused a waiver?
Yes, you can submit a new application with more comprehensive or clearer evidence.
Fee waivers are essential for individuals who face genuine financial barriers to accessing the UK’s immigration system. However, they must be approached with care, strong evidence, and clear explanation. Legal advice is highly recommended to maximise your chance of success.
If you need support or legal representation with your fee waiver application, contact our team for expert guidance.
Need Help?
If you need expert legal advice or guidance, we are more than happy to help you at Tulia.
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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