16 October 2024 - we have amended this news item to share a recent resource from Free Movement relating to fee waivers that was published after the original publish date of this news item.
We advise you to not make a fee waiver application if you intend to apply for Graduate or Student permission.
You may have been advised to apply for a fee waiver ahead of your application for Graduate or Student permission to buy more time, however it is unlikely that either of your applications will be successful.
This is because fee waivers are only available for specified human rights-based applications – not for the Graduate or Student route. A fee waiver application is likely to cause several issues in the future:
1. It could result in future applications being refused for a period of up to 10 years
When someone applies for a fee waiver, they must state that they intend to make a human rights application and they must provide evidence that they cannot afford the immigration application fee and/or the immigration health charge.
Therefore, if you make a fee waiver application stating that you cannot afford to apply, and then you apply for Graduate or Student permission (which requires an application fee), the Home Office will likely refuse your application on the grounds of deception.
Applications refused on the grounds of deception, if not successfully challenged, will result in future applications being refused for a period of up to 10 years.
2. You could be classed as overstaying in the UK
If your fee waiver application is successful, you must make a human rights-based application within 10 days of receiving this decision to remain in the UK lawfully. If you apply for Graduate or Student permission instead, you run the risk of applying as an overstayer (someone without permission to be in the UK).
Many student sponsors do not support applications made in the UK by overstayers in line with their duty to help prevent abuse of the immigration system.
Your future in the UK
If you make an application that is refused on the grounds of deception, this could result in other applications being refused for a period of up to 10 years. If you are advised to make a fee waiver application, seek advice elsewhere or make alternative immigration plans.
For more information:
Free Movement: The risks of making a fee waiver application for the purpose of "buying time" to make a different application
Our guidance for Graduate route applicants: What if my Tier 4/Student permission expires before I receive my results?
Free Movement: In-country fee waivers: who qualifies and what does the Home Office guidance say?
Home Office: Immigration Rules (date of application), paragraph 34G(4)
