The recent case law with regards to the fee waiver is a great relief to applicants applying for a fee waiver.
The home office policy (Immigration) with respect to the fee waiver was criticized by the UT Judge and directed that the following approaches should be taken into account to conclude whether an applicant is entitled to a fee waiver.
a) Affordability test
b) Currently destitute
c) Rendered destitute
d) Exceptional circumstances
Moreover, in simple words even if you can borrow money from someone then still the Upper Tribunal Judge directed that it is not reasonable for an applicant to do so.
Secondly, the approach was that as the person is not lawfully living in the United Kingdom then how the Home Office can accept the person to work and pay the fee as the applicant has no right to work.
Interesting information in the public domain shows that between January 2015 and June 2019, 24,370 people were refused permission for a fee waiver on their visa applications by Home Office decision-makers. However, this judgment may have the effect of reversing this trend
This decision of the Upper Tribunal Judge is a landmark decision and a great relief to the applicants applying for a fee waiver.
So should you wish to apply and feel that you are eligible then do not hesitate to contact us at your earliest opportunity.
Our expert team of Immigration Solicitors are serving you since 2008.
Our head office is based in West London whilst branch office is in Wales (Cardiff).