Page 1 of 1
Domestic Abuse Indefinite leave to remain
Posted: Sun Jun 26, 2022 12:36 pm
by ores23
after sending in my email stating I was separating. I then started application for family route per my british son status for the family route. I was filling out fee waiver since the cost would effect me taking care of the essential everyday cost of living for myself and kids. But with the advice for Citizen advice and me going to refuge I was told I needed to go the ILR route for settlement giving it’s better option per my situation.My question is do I continue the fee wavier form bc ive completed the Domestic ilr form and it didn’t mention fee wavier application just that I needed to show proof of how it would impact the well-being of the kids and I. Because of the ILR application an I right think the fee wavier form isn’t need for this particular application?
Re: Domestic Abuse Indefinite leave to remain
Posted: Sun Jun 26, 2022 3:09 pm
by secret.simon
Fee waiver applications only apply to a very few select applications, and specifically not to
ILR applications.
Fee waiver: Human Rights-based and other specified applications caseworker guidance wrote:(Page 6)
Fee waivers can be granted to those making a specified human rights application, where to require payment of the fee would be incompatible with a person’s rights under the European Convention on Human Rights (ECHR). Victims of trafficking seeking to extend their leave in certain circumstances can also apply.
This does not apply to indefinite leave to remain applications.
...
(Page 22)
Applications for ILR are not covered by the fee waiver policy, as people do not need settlement to be able to remain in the UK on the basis of the European Convention on Human Rights (ECHR) Article 8 or other ECHR rights. Applicants who establish an ECHR right to remain in the UK may continue to apply for and be granted successive periods of limited leave to remain. They may qualify for a fee waiver in respect of each application if they meet the terms of this policy.
(The bold text in the quote above is bold in the original text in the document).
If you plan to apply for ILR, you will need to pay the fees payable. There may be charities that may be able to help.
Re: Domestic Abuse Indefinite leave to remain
Posted: Mon Jun 27, 2022 9:53 am
by ores23
this is specific- this particular application is specific to domestic abuse, I just finish and submitted my application and it didn’t charge me, I think if my evidence isn’t sufficient then i’ll have to pay the fee.
Re: Domestic Abuse Indefinite leave to remain
Posted: Mon Jun 27, 2022 11:27 am
by JB007
ores23 wrote: ↑Mon Jun 27, 2022 9:53 am
this is specific- this particular application is specific to domestic abuse, I just finish and submitted my application and it didn’t charge me, I think if my evidence isn’t sufficient then i’ll have to pay the fee.
Do you earn enough to keep yourself? Have savings? Captial in a house/land with your name is on, in any country?
Fees and how long it takes
The application fee is £2,404 per person, unless you do not have enough money to support yourself. You can include your children on your application if they’re eligible.
You’ll each need to have your biometric information (fingerprints and a photo) taken - there’s no fee for this.
You’ll usually get a decision about your application within 6 months.
If you do not have enough money to support yourself
If you cannot pay the fee
You do not have to pay the fee if you can provide evidence that you:
do not have a place to live and cannot afford one
have a place to live but cannot afford essential living costs like food or heating
have a very low income and paying the fee would harm your child’s wellbeing
Evidence can include bank statements, a signed letter from your local authority or a signed letter from an agency that’s been giving you support.
https://www.gov.uk/indefinite-leave-to- ... ence-abuse