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.
