Need help with fee waiver application

[theforeigner]

hello group member
I hold indefinite leave to remain, I want to apply for fee waiver for spouse visa under the five-year route
if the partner doesn’t have to meet the minimum income threshold (for example because they’re exempt)
to bring my wife and son.
I filled out the application as I'm the applicant and requested the fee waiver for my wife and my son and submit it, but before I uploaded the check list file, I was told that the form wrong and I don't have to be the applicant and need to fill up another application and my wife the applicant.
now I'm confused because I can't cancel the the application which I submitted and when I start another
application with my wife the applicant doesn't ask for any of my proof and other evidence.

please, Do I need to be the applicant for the fee waiver and request it for my wife and son
or I have to start another application and my wife the applicant
Thank you

[Ticktack]

hello group member
I hold indefinite leave to remain, I want to apply for fee waiver for spouse visa under the five-year route
if the partner doesn’t have to meet the minimum income threshold (for example because they’re exempt)
to bring my wife and son.
I filled out the application as I'm the applicant and requested the fee waiver for my wife and my son and submit it, but before I uploaded the check list file, I was told that the form wrong and I don't have to be the applicant and need to fill up another application and my wife the applicant.
now I'm confused because I can't cancel the the application which I submitted and when I start another
application with my wife the applicant doesn't ask for any of my proof and other evidence.

please, Do I need to be the applicant for the fee waiver and request it for my wife and son
or I have to start another application and my wife the applicant
Thank you

Firstly, you're not the applicant and in this case applicants.
Secondly, the 5 year route is for those that meet all the conditions.
Thirdly, you've not stated how you think you meet the fee waiver, surcharge et al.

[theforeigner]

Thank you for your reply.
I'm talking about The five-year route if the partner doesn’t have to meet the minimum income threshold
(for example because they’re exempt).

Who can apply for a fee waiver?
---------------------------------------
Fee waivers are available for human rights applications.
This means you can apply for a fee waiver if you can’t afford the IHS or the application fee for leave to remain:

- as a parent or partner under the 10-year route
- as a parent under the five-year route
- as a partner under the five-year route if your partner doesn’t have to meet the minimum income
threshold (for example because they’re exempt)
- on the basis of your Article 8 (family and private life) rights, or any other ECHR right, as long as the main reason for the application is based on your human rights
- on a discretionary basis, including if you have been refused asylum or humanitarian protection, or are a
victim of trafficking
- You can apply even if you have No Recourse to Public Funds – a fee waiver is not a public fund.

However, fee waivers are not available for all applications, for example if you’re applying for indefinite leave to remain, or to register as British.

If you are applying based on your medical needs, you don’t need to apply for a fee waiver.
This is because there are no fees for applications based on Article 3 ECHR (to do with medical needs).

[Ticktack]

Thank you for your reply.
I'm talking about The five-year route if the partner doesn’t have to meet the minimum income threshold
(for example because they’re exempt).

Who can apply for a fee waiver?
---------------------------------------
Fee waivers are available for human rights applications.
This means you can apply for a fee waiver if you can’t afford the IHS or the application fee for leave to remain:

- as a parent or partner under the 10-year route
- as a parent under the five-year route
- as a partner under the five-year route if your partner doesn’t have to meet the minimum income
threshold (for example because they’re exempt)
- on the basis of your Article 8 (family and private life) rights, or any other ECHR right, as long as the main reason for the application is based on your human rights
- on a discretionary basis, including if you have been refused asylum or humanitarian protection, or are a
victim of trafficking
- You can apply even if you have No Recourse to Public Funds – a fee waiver is not a public fund.

However, fee waivers are not available for all applications, for example if you’re applying for indefinite leave to remain, or to register as British.

If you are applying based on your medical needs, you don’t need to apply for a fee waiver.
This is because there are no fees for applications based on Article 3 ECHR (to do with medical needs).

The caption above says this is applicable for leave to remain as highlighted above.
Definitely not for leave to enter. Not sure the government want to be paying for your family to come here.
It's different if they're already here.

[theforeigner]

definitely they can come under fee waiver for entry clearance
please read the article below from gov.uk:

https://visas-immigration.service.gov.u ... fee-waiver

Applications for entry clearance
----------------------------------------
You can request a fee waiver if you are applying for entry clearance on the basis of family life or private life and if you are eligible:

as a partner or child of a member of HM Forces
as a partner or child of a member of HM Forces (the sponsor) where the sponsor:
is a foreign or Commonwealth member of HM Forces
has at least 4 years' service in HM Forces at the date of application
under Appendix FM (family members) where the sponsor is present and settled in the UK
by having refugee or humanitarian protection status in the UK
If you are granted a fee waiver, you must apply for entry clearance for 1 of the above reasons.

Where you are applying with other family members, you must include the same applicants in your fee waiver request as you will include in your permission to stay application. For example, your partner or any dependant children.

You may apply for a fee waiver on behalf of one or more of your family members who are applying with you, even if you are not applying for a fee waiver for your application. This may be appropriate if you can pay some, but not all, of the fees for the applications.

You must provide details and evidence about your sponsor when making a fee waiver request for 1 of the above reasons.

[CR001]

as a partner or child of a member of HM Forces
as a partner or child of a member of HM Forces (the sponsor) where the sponsor:
is a foreign or Commonwealth member of HM Forces
has at least 4 years' service in HM Forces at the date of application
under Appendix FM (family members) where the sponsor is present and settled in the UK
by having refugee or humanitarian protection status in the UK
If you are granted a fee waiver, you must apply for entry clearance for 1 of the above reasons.

So which one of the above conditions do you believe apply to you to qualify for a fee waiver?

[theforeigner]

under Appendix FM (family members) where the sponsor is present and settled in the UK

[theforeigner]

as a partner or child of a member of HM Forces
as a partner or child of a member of HM Forces (the sponsor) where the sponsor:
is a foreign or Commonwealth member of HM Forces
has at least 4 years' service in HM Forces at the date of application
under Appendix FM (family members) where the sponsor is present and settled in the UK
by having refugee or humanitarian protection status in the UK
If you are granted a fee waiver, you must apply for entry clearance for 1 of the above reasons.

So which one of the above conditions do you believe apply to you to qualify for a fee waiver?

under Appendix FM (family members) where the sponsor is present and settled in the UK

[Ticktack]

as a partner or child of a member of HM Forces
as a partner or child of a member of HM Forces (the sponsor) where the sponsor:
is a foreign or Commonwealth member of HM Forces
has at least 4 years' service in HM Forces at the date of application
under Appendix FM (family members) where the sponsor is present and settled in the UK
by having refugee or humanitarian protection status in the UK
If you are granted a fee waiver, you must apply for entry clearance for 1 of the above reasons.

So which one of the above conditions do you believe apply to you to qualify for a fee waiver?

under Appendix FM (family members) where the sponsor is present and settled in the UK

You seem to have the ability to pick and choose what part of a body of words you want to work with. Every quotation should be looked at in it's entirety.

The boy was going to the market. He never go there, because it started raining heavily and he turned back home.
Now you've decided that the boy went to the market. All the other words after that, you've ignored.

Let me simplify it, even British citizens are not entitled to fee waivers! So having ILR doesn't entitle you to fee waiver.

You have to meet certain conditions. Currently, looking at this with a birds eye view, you meet none.

But by all means, you can give it a good go. What do you have to loose.

[secret.simon]

Fee waiver for entry clearance applications is a very new thing (only introduced in June this year, so about six months ago), which is why few people on these forums would have a first hand experience of this.

I suggest reading Freemovement's article on such applications.

It seems that apart from proving that you can't afford the fees, you will also need to demonstrate that (a) you could not save up for the fees for the past six months at least AND (b) that it would be difficult to save up for the fees in the foreseeable future.

You'd also need to submit earnings in both countries for both spouses.

The application also requires you to demonstrate that it would be a breach of your human rights. And be aware that if successful, human rights applications are generally only issued on a 10 year pathway to ILR. The 5 year pathway generally requires the earnings threshold of £18600 pa to be met, which would obviate the need for a fee waiver.

So, if you are submitting a fee waiver application, either now at entry clearance or at any subsequent application (and you will need to apply anew at every single renewal), plan for a 10 year pathway to ILR.

[theforeigner]

Fee waiver for entry clearance applications is a very new thing (only introduced in June this year, so about six months ago), which is why few people on these forums would have a first hand experience of this.

I suggest reading Freemovement's article on such applications.

It seems that apart from proving that you can't afford the fees, you will also need to demonstrate that (a) you could not save up for the fees for the past six months at least AND (b) that it would be difficult to save up for the fees in the foreseeable future.

You'd also need to submit earnings in both countries for both spouses.

The application also requires you to demonstrate that it would be a breach of your human rights. And be aware that if successful, human rights applications are generally only issued on a 10 year pathway to ILR. The 5 year pathway generally requires the earnings threshold of £18600 pa to be met, which would obviate the need for a fee waiver.

So, if you are submitting a fee waiver application, either now at entry clearance or at any subsequent application (and you will need to apply anew at every single renewal), plan for a 10 year pathway to ILR.

Thank you