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September 7, 2023

What’s The In-Country Fee Waiver and Who Qualifies?

Acquiring British nationality is financially draining but the Home Office is now introducing its in-country fee waiver system. This is for certain immigration applications made within the UK.

What Cases Have Lead To Shape The Policy?

Three serious cases have brought some change in the Home Office’s stance on fee waivers for human rights applications:

R (Omar) v SSHD [2012]: According to this case no fee must be charged for rights-based immigration applications. If one doesn’t have the power to afford it, it would be a breach of their human rights.

R (Carter) v SSHD [2014]: This case highlights that if someone isn’t able to pay the fee A policy with no waiver fee option will be implemented on their Convention right.

R (Dzinku-Laggison and Ors) v SSHD [2020]: According to this case the focus was kept on the applicant’s power to afford the fee.

Who’s Eligible For A Fee Waiver?

Only the ones with a human rights claim will be eligible for a fee waiver. This includes:

  • Applications under five-year routes
  • Parent routes
  • 10-year partner or private life route.

Applications for indefinite leave will not be covered, even if they are based on a human rights claim.

What Is The Criteria For A Fee Waiver?

An applicant must be facing the following to be granted a fee waiver:

  • They must be unable to afford the fee
  • They must be destitute or at risk of imminent destitution
  • They must have an income which is not enough to meet a child’s essential needs

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