Those who are unable to afford visa fees may be able to apply for visa fees waivers. The right to a fee waiver applies only to certain categories of applicants and certain visa categories. In general, only those who would be, for example, separated from their loved ones are eligible for visa fees waiver. In a nutshell, fee waiver applications are available for applications involving human rights (e.g. partner/spouse) or those applying for Discretionary Leave. This means that fee waiver is NOT available for skilled worker visas and it is vital to remember this. Even if it might be tempting when your visa is due to expire soon.
Applications for fee waiver that were made incorrectly are likely to impact on your immigration history for many years. Therefore fee waiver applications should be made only when you are entitled to it and genuinely intend to submit one of the qualifying visa categories. You should always aim to be in line with the UK immigration rules.
Fee waivers and section 3C leave
A fee waiver request does not automatically give you Section 3C leave. Section 3C can apply if your visa expires while the Home Office is still deciding your fee waiver request, and you then submit the main visa application the fee waiver was for within 10 working days of getting the fee waiver decision.
Where an in-time application to extend or vary leave is made and the application is not decided before the person’s existing leave expires, section 3C extends the person’s existing leave until the application is decided (or withdrawn). Section 3C does not extend leave where the application is made after the applicant’s
current leave has expired.
Section 3C leave is really important because if it is applicable your most recent visa remains in force whilst your new application submitted in time is in process, so you are able to continue living in the UK under the terms of your most recent visa. Without section 3C leave you become an overstayer, and it is difficult if not impossible for most to change back to legal status from within the UK.
Problems with fee waivers when intending to then apply for skilled worker visa
When you submit a fee waiver application you confirm your intention to apply for a visa category for which you seek the fee waiver. As you already know from the above, this does not include skilled worker visa applications.
So what happens if you apply for fee waiver and then apply for skilled worker visa? This is very likely to cause problems for your skilled worker visa application. What’s more, Home Office may consider that you made deception as you never had intention to submit a human rights application.
Deception is likely to leave a black mark on your immigration history and cause serious problems for your future visa applications.
To sum up, before making fee waiver application in the above circumstances, it is best to seek immigration advice first.