Fee Waiver effect on Spouse Via

I feel the need to apply for the Fee Waiver.

Does Fee Waiver on destitution grounds affect decision on Spouse Visa Extension? If accepted and not accepted?

Especially with the reasoning behind having the financial requirement.

Baaasil wrote: ↑

Sun Feb 24, 2019 2:16 pm

I feel the need to apply for the Fee Waiver.

Does Fee Waiver on destitution grounds affect decision on Spouse Visa Extension? If accepted and not accepted?

Especially with the reasoning behind having the financial requirement.

"Applications for the 5-year partner route that require the
minimum income threshold to be met
There is no fee waiver available for applicants for leave to remain under the 5-year
partner route whose sponsor is not in receipt of one or more of the benefits specified
at paragraph E-LTRP.3.3. of Appendix FM to the Immigration Rules. Such an
applicant must meet the minimum income threshold and so they are not eligible for a
fee waiver."

https://assets.publishing.service.gov.u ... __003_.pdf

E-ECP.3.3. The requirements to be met under this paragraph are-

(a) the applicant’s partner must be receiving one or more of the following -
(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance;
(v) carer’s allowance;
(vi) personal independence payment;
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
(ix) Police Injury Pension;

Thanks for your reply,
Does this include applications for FLR-M?
The paragraph states Leave to Remain.

Baaasil wrote: ↑

Sun Feb 24, 2019 2:51 pm

Thanks for your reply,
Does this include applications for FLR-M?
The paragraph states Leave to Remain.

Yes it does. FLR(M) is an extension under the Leave to Remain category and the same financial rules apply,

Does the settled spouse meet the £18,600 minimum salary requirement?

Well the guidance is clearly flawed if I restrict the fee waiver to those on special benefit.

I can see a plausible circumstances where the income requirement is met but a person cannot meet the 2,039 application fee, which is much higher than the 1 month salary of a person who meets the 18,600 test.

I don't think that HO will waive the fee if someone is sufficiently earning and meeting the financial requirement through working because its not the state of destitution. Although the application fee is even higher than 1 month wages but according to HO it should not be higher than the remaining 11 months wages. A lot of people earn well but don't want to spend but HO wont care and will keep refusing and increasing the fee every year. Unfortunately or fortunately the EU applications are being processed at extremely low fee which is almost 0.5%-1% of UK application fee.

Baaasil wrote: ↑

Sun Feb 24, 2019 2:16 pm

I feel the need to apply for the Fee Waiver.

Does Fee Waiver on destitution grounds affect decision on Spouse Visa Extension? If accepted and not accepted?

The above suggests (with the OP to confirm), that the £18,600 p.a income level isn't met