Information on COVID-19 for non-UK nationals - Fee Waiver
Since the outbreak of Coronavirus, the situation is a choas. The Government has published guidance for those affected by changes to UK immigration and borders due to coronavirus.
Foreign Nationals who are stuck in the UK, because of travel restrictions or self-isolation related to coronavirus (COVID-19) and whose leave expires between 24 January 2020 and 31 May 2020, their visas will be extended to 31 May 2020. The nationals must must contact the Coronavirus Immigration Team (CIT) to update your records.
You will be asked to provide:
your full name (include any middle names)
date of birth (dd/mm/yyyy)
your previous visa reference number
why you can’t go back to your home country, for example if the border has closed
You can also contact the coronavirus immigration helpline if you have any immigration queries related to coronavirus. Coronavirus Immigration Helpline Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm) - calls are free of charge. Email: CIH@homeoffice.gov.uk
During this outbreak, we advise all non-UK nationals who are in the process of obtining leave to remain shuold think of applying for a fee waiver.
The non UK nationals can be eligible for a fee waiver. It goes on to state that each application will be assessed on a case by case basis and, in practice, the Home Office will normally apply discretion.
Applicants who are eligible are those making certain specified human rights applications where to require payment of the fee before deciding the application would be incompatible with a person’s rights under the European Convention on Human Rights (ECHR). In addition, the fee waiver policy also applies to applications from victims of trafficking who seek to extend their leave to remain in certain circumstances. The guidance has taken account of the judgments issued by Uk courts. The guidance applies to the following types of application:
• applications for leave to remain under the 5-year partner route from applicants who are not required to meet the minimum income threshold because their sponsor is in receipt of one or more specified benefits and who instead must demonstrate that their sponsor can provide adequate maintenance
• applications for leave to remain under the 5-year parent route
• applications for leave to remain under the 10-year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under ECHR Article 8 (the right to respect for private and family life)
• applications for leave to remain on the basis of other ECHR rights
• applications for further leave to remain from applicants granted discretionary leave (DL) following refusal of asylum or humanitarian protection, where the applicant claims that refusal to grant further leave to remain would breach their ECHR rights
• applications for further DL from victims of trafficking or slavery who have had a positive conclusive grounds decision from a competent authority of the national referral mechanism (NRM), have already accrued 30 months’ DL and are seeking to extend it for reasons related to trafficking or slavery in all the above, parents do not have to have requested a fee waiver in order for their children to be eligible to apply for a fee waiver.
As this situation is evolving and individual circumstances may be complex, contaact MYM Solicitors to asses the circumstances individually.