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Fee Waiver on PIP - Special Circumstances

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new_man
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Fee Waiver on PIP - Special Circumstances

Post by new_man » Fri Sep 20, 2019 8:12 am

Hello,

I am British. My wife is none-EU and is here on FLR.
She will have to renew her FLR(M) in a few months.
My wife works. I do not. I have mental health issues (including Bipolar) and find it impossible to hold down any job.
I receive PIP at the full/enhanced rate and contribution-based ESA (again at full rate).
I was in receipt of these benefits before I met my wife and before she came to UK, so UKVI are already aware.

We are really struggling to find the money to afford her FLR and/or the IHS.

I already have over £15K of credit card debts and loans that I struggle to pay.
Lots of which has been acquired in the last few years.
One of my problems is massive amounts of spending when I am in a manic state.
I spend on items I do not need and often give them away.
This has been a problem for many years and is documented with my GP and mental health team.

I did owe the tax man £8k but they wrote this off last year after I contacted them and provided my medical records (including letter from GP) and financial status.
They realised my illness meant there is little to no hope of me ever being able to repay it.

I have been reading the possibility of a fee waiver.

Is this something we could apply for?
Even with my overspending over the last few years?

Many thanks.

geoeng
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Re: Fee Waiver on PIP - Special Circumstances

Post by geoeng » Fri Sep 20, 2019 8:41 am

There is guidance on fee waivers here: https://assets.publishing.service.gov.u ... __003_.pdf

As you are in receipt of one of the specified benefits in paragraph E-LTRP.3.3, you do not have to meet the minimum financial requirements and would instead be assessed based on adequate maintenance. Under these circumstances you would be eligible to apply for a fee waiver the required evidence for which is detailed in the guidance.

You might struggle a bit due to what the case worker might consider "intentional disposal of funds", which is outlined on page 20 of the guidance. However, it is possible that it would be assessed that there are "exceptional circumstances" in this case and it sounds like you have documentation to support this.

It is not possible to guess at how UKVI will interpret individual circumstances and the only way to find out is to apply and provide thorough evidence and documentation to support your case.
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

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CR001
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Re: Fee Waiver on PIP - Special Circumstances

Post by CR001 » Fri Sep 20, 2019 8:48 am

Note also that the fee waiver is not relevant to the normal FLR(M) extension. It applies for the FLR(FP) routes and if granted, will likely put your spouse on a new 10 year route (4 x 2.5 year visas) to ILR.

Note also that the fee waiver does not include the IHS fee that has to be paid.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

geoeng
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Re: Fee Waiver on PIP - Special Circumstances

Post by geoeng » Fri Sep 20, 2019 8:59 am

New guidance this year with changes including IHS fee waivers!

"Decision makers are now required to take into account the whole of the amount to be
paid by an applicant when a fee waiver request is made. The whole of the amount
means the immigration application fee, and the Immigration Health Surcharge (IHS)
combined. Where an applicant can pay the whole of the immigration fee but none,
or only part of the IHS, the immigration fee will be required, and the waiver will be
applied to the IHS. If the applicant is unable to pay the fee or the IHS we will waive
both." (page 4)
I'm just a guy on the Internet who immigrated to the UK. My opinions are based on my experience and interpretation of the immigration rules and should not be considered legal or immigration advice; your mileage may vary.

new_man
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Re: Fee Waiver on PIP - Special Circumstances

Post by new_man » Fri Sep 20, 2019 9:45 am

Thanks @geoeng I will read through the pdf file and try to come to a decision. I am guessing we have to at least try an application. They can only say no?

Thanks @CR001 I do not like the sound of the 10-year route. Would this be mandatory if we asked for a fee waiver?
Surely forcing someone to go through the process for twice as long, with accompanying fees, is going to make their financial circumstances even worse?

Darasimidd
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Re: Fee Waiver on PIP - Special Circumstances

Post by Darasimidd » Fri Nov 15, 2019 10:51 pm

new_man wrote:
Fri Sep 20, 2019 9:45 am
Thanks @geoeng I will read through the pdf file and try to come to a decision. I am guessing we have to at least try an application. They can only say no?

Thanks @CR001 I do not like the sound of the 10-year route. Would this be mandatory if we asked for a fee waiver?
Surely forcing someone to go through the process for twice as long, with accompanying fees, is going to make their financial circumstances even worse?

Hi, please did your wife apply for the fee waiver ? I'm in the same situation and I don't know how to go about it

new_man
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Re: Fee Waiver on PIP - Special Circumstances

Post by new_man » Wed Nov 20, 2019 5:45 am

@Darasimidd Sorry but we are not going this route. We have taken out a loan. Did not want to risk being put on a 10-year route.

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