Home Office concedes that their policy on fee waivers for entry clearance in unlawful
The Home Office policy on fee waivers for entry clearance application has been open to the applicant having “exceptional circumstances”, such as a civil war or a natural disaster. This made it almost impossible for most applicants to be successful in an application for a fee waiver for entry clearance. This will however change in the coming days following a successful legal challenge by three applicants who had their fee waiver applications refused.
Claimants who were represented by JCWI and Islington Law Centre disputed the Home Office policy and said it was unlawful and irrational. Judicial review proceedings were lodged by the claimants against the Home Office. In response, the Home Office did not defend the lodged claim but instead agreed to withdraw the policy and review it with a view to introducing a criterion of affordability. The revised guidance for in-country applications, with its emphasis on affordability, gives an indication of what the new out-of-country policy might say.
This does give hope to future applicant wishing to rely on a fee waiver. It is an established fact that many have struggled due to the Covid-19 pandemic and many even before the pandemic, unable to save funds for the applications for leave to enter. For many stuck in this situation, the change cannot come soon enough.
The Home Office has not yet set the date for when the new policy will be published. It can be hoped that the same will be soon, given that it has agreed that the current policy (still up on the Home Office website) is unlawful. But it has said that in the meantime, urgent fee waiver applications will be reviewed. Those making an application at this stage should present evidence that they cannot manage to pay for the application fee, and evidence that their case requires urgent consideration.
Disclaimer:
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. Connaught Law and authors accept 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 Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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