For those applying for entry clearance to the UK and who are unable to afford these mandatory application fees, the current policy on fee waivers is that only applicants falling within certain exceptional circumstances will be eligible.
Applicants applying for entry clearance from outside the UK must therefore be either victims of a natural disaster or civil war in order to fit under the ‘exceptional circumstances’ umbrella. This stringent policy means that many applicants making human rights applications for entry to the UK to join their family are not eligible for fee waivers despite experiencing financial hardship.
There is a large disparity in the fee waiver policy between applicants applying for entry clearance from outside the UK and those applying from within the UK on human rights grounds. Since the successful outcome of the Dzineku-Liggison case, there has been a dramatic increase in the acceptance rates of fee waiver applications submitted from within the UK.
In-country applicants are now subject to an ‘affordability test’ where they are required to prove to the Home Office that they cannot afford the application fees, and if proven, the government fees are waived on this basis.
In contrast, the Home Office’s policy for fee waivers in relation to out-of-country entry clearance applications remained so stringent that it was practically impossible to qualify for a fee waiver. This policy was subsequently challenged by way of judicial review. This resulted in the Home Office withdrawing their old policy and agreeing to revise their policies with a view to introducing ‘affordability’ as the main eligibility criterion, in line with the existing in-country policy.
While the details of the revised policy are yet to be released, the impending policy change provides some hope for financially disadvantaged applicants who have been unable to apply for entry clearance to the UK over the years due to being unable to pay the application fees. The change is long-awaited, especially after the year of hardship caused by the COVID-19 pandemic and the resulting financial turmoil which has been faced by many.
Gherson has a wealth of experience with all types of entry clearance applications and Human Rights applications. If you have any questions, please do not hesitate to contact us, send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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