Fee Waiver Applications: UK Employer Guide

Fee waiver applications are a vital safeguard within the UK immigration system, allowing certain applicants to request exemption from immigration fees where financial hardship would otherwise prevent lawful stay. While this may appear to be an individual matter for the visa applicant, it has significant implications for UK employers and HR teams.

In particular, where a current employee or job applicant has limited leave to remain and cannot afford the renewal or extension fees, employers may encounter fee waiver applications in connection with right to work status, continuity of employment, and risk of unlawful working.

Understanding this process — including when it applies, how it impacts work rights, and what HR can lawfully do — is crucial. This guide offers UK employers a comprehensive overview of fee waiver applications, their intersection with employment compliance, and the support role HR can play without giving regulated immigration advice.

 

Section A: What Is a Fee Waiver Application?

 

A fee waiver application is a formal request to the UK Home Office to waive the application fee and/or Immigration Health Surcharge (IHS) on the grounds that the applicant cannot afford the cost without compromising their basic needs. Fee waivers are most relevant for in-country human rights-based applications, such as family life or private life routes, under which a person applies to remain in the UK lawfully.

These routes typically fall under Article 8 of the European Convention on Human Rights (right to private and family life) and include applications for Further Leave to Remain under the FLR(FP) category, 10-year settlement routes, and certain discretionary applications.

Fee waivers are not available for all visa categories. They do not apply to work-based routes like the Skilled Worker visa, or for visitors or students. They are instead designed to ensure that immigration status is not lost solely due to inability to pay.

 

1. Visa Categories Where Fee Waivers Typically Apply

 

Fee waivers are most commonly available in the following immigration contexts:

– FLR(FP): Family or private life applications under the 10-year route
– Private life route (e.g. children who have lived in the UK for 7+ years)
– Leave outside the Rules (LOTR), based on exceptional or compassionate circumstances
– Domestic violence concession applications
– Victims of trafficking or modern slavery applying for discretionary leave

 

 

2. Who Qualifies? Key Eligibility Criteria

 

Applicants must demonstrate that they are genuinely unable to pay the relevant fees or surcharge. The Home Office assesses this by examining:

– Current income and savings
– Regular essential expenses (housing, food, childcare, utilities)
– Any dependants
– Evidence of debt or financial instability
– Availability of financial support from third parties (friends, family, charities)

The test is one of affordability — not employment status. An individual can be working and still qualify, especially if their wages are low or they are supporting dependants.

Applicants must submit supporting documents such as bank statements, tenancy agreements, and payslips. The Home Office will decide on the waiver before allowing submission of the main application.

 

Summary: Financial Relief for Human Rights Applicants

 

Fee waiver applications provide a vital mechanism for low-income and vulnerable individuals to maintain lawful status. For employers, understanding when and how these apply — particularly for staff in family or private life categories — helps support compliance and responsible HR practices.

 

Section B: Can Someone Be Working and Still Qualify?

 

One of the most common misconceptions about fee waiver applications is that applicants must be unemployed or entirely reliant on public funds to qualify. In reality, the Home Office recognises that employment does not guarantee financial stability — especially in cases involving low pay, insecure work, or additional financial pressures such as childcare or high housing costs.

UK employers may encounter workers who are applying for further leave to remain under family or private life routes, and who also submit a fee waiver application. These employees might be working part-time, on zero-hour contracts, or managing significant financial burdens. Understanding this context helps employers avoid incorrect assumptions and better support affected staff through the immigration process.

 

1. Low Income Does Not Mean Ineligibility

 

Being in employment — even full-time — does not automatically disqualify an individual from receiving a fee waiver. The key legal test is affordability, not employment status.

Applicants must demonstrate that paying the visa fee and/or the Immigration Health Surcharge (IHS) would make them destitute or unable to meet their essential living needs. The Home Office accepts that:

• Part-time workers, especially those on minimum wage or zero-hour contracts, may not earn enough to cover fees
• Single parents often bear the full cost of housing, childcare, and basic necessities, leaving no surplus for visa costs
• Workers in London or other high-cost areas may spend the majority of their income on rent and transport
• Applicants with dependants (e.g. children or elderly relatives) face higher living expenses and may not be able to save for application fees

 

In such cases, applicants are required to provide evidence of their income and expenditure — but being employed is not a barrier to being granted a fee waiver.

 

2. Confirmation from Home Office Guidance

 

The Home Office explicitly states in its policy guidance on fee waivers that working applicants can still qualify where they do not have sufficient disposable income to afford the required fees. The guidance notes:

“An applicant is not excluded from being granted a fee waiver solely because they are in employment. The relevant assessment is whether they can afford to pay the fee without compromising their essential living needs.”

This makes it clear that employers should not assume that a working individual is ineligible, nor should they question the legitimacy of an employee’s immigration status simply because they have applied for a fee waiver while in paid work.

 

3. Summary: Employment ≠ Ineligibility

 

Fee waivers are assessed based on financial hardship — not job status. Individuals can be employed, even full-time, and still struggle to meet the cost of visa applications. For employers, this means being aware that staff may be working and still pursuing a fee waiver due to broader economic pressures. An understanding, non-judgmental approach can support legal compliance, employee wellbeing, and effective workforce planning.

 

 

Section C: What This Means for Employers

 

When an employee applies for further leave to remain in the UK — particularly under family or private life routes — they may also apply for a fee waiver due to financial hardship. For employers, this situation presents important responsibilities, especially around right to work compliance…

 

1. Employer Responsibilities When Staff Apply With a Fee Waiver

 

Employers are not responsible for making or funding a staff member’s immigration or fee waiver application, but they do have a duty to ensure that anyone employed has a valid right to work…

• Be aware that the application is still valid as long as it is submitted before the expiry of their current leave
• Encourage the employee to retain evidence of submission (e.g. acknowledgment emails, payment exemption confirmation)
• Avoid making assumptions about the employee’s future status until the application outcome is known

 

 

2. Right to Work Checks Before, During, and After the Application

 

• Before application: Carry out a standard right to work check as usual (using a BRP, Share Code, etc.)
• When leave expires but an application has been submitted: The employee’s status continues under section 3C leave, but you must use the Employer Checking Service (ECS) to obtain a Positive Verification Notice (PVN)
• After decision: Update right to work evidence once the employee receives a new BRP or Share Code under their extended leave

 

3. Understanding Section 3C Leave and Work Continuity

 

Section 3C leave is a statutory provision that automatically extends an individual’s immigration permission while they await a decision on an in-time application…

• There is no fee to use the ECS
• It may take several days for a response, so apply early once notified of the employee’s application
• The PVN must be retained securely as part of your right to work records

 

Summary: Stay Compliant, Communicate Clearly

When an employee applies for further leave with a fee waiver, it does not mean they are losing their right to work — but it does require proactive steps from the employer to ensure compliance…

 

Section D: Managing HR Risk and Compliance

 

Employers in the UK have a legal duty to prevent illegal working, which includes monitoring immigration status and conducting valid right to work checks. When employees apply for leave to remain with a fee waiver, HR teams must ensure continued compliance with immigration rules — while also maintaining confidentiality, avoiding discrimination, and supporting staff appropriately. The challenge lies in applying fair and consistent processes without straying into areas that could risk legal exposure or ethical missteps.

 

1. Monitoring Visa Expiry and Application Timing

• Maintain accurate records of each employee’s immigration status and leave expiry date.
• Set internal reminders to prompt action 3–4 months before expiry.
• Encourage employees to inform HR if they intend to apply for an extension or fee waiver.

 

Where an in-time application is submitted, section 3C leave may apply, and HR must confirm ongoing right to work using the Employer Checking Service (ECS). Failing to monitor visa timelines can expose the business to unlawful working penalties.

 

2. Avoiding Discriminatory Assumptions About Income or Nationality

• Do not assume an employee’s eligibility for a waiver based on appearance, accent, or background.
• Avoid targeted questioning based on income or visa type.
• Apply processes uniformly to comply with the Equality Act 2010.

 

All actions must align with the Equality Act 2010, which prohibits discrimination on grounds including race and nationality.

 

3. Maintaining a Secure and Confidential HR Record of Immigration Documents

• Keep immigration and right to work documents securely.
• Limit access to authorised personnel only.
• Ensure up-to-date records, with clear notes on visa expiry and ECS outcomes.

 

Transparency about how data will be used can help build trust with affected employees.

 

4. Supporting Staff Without Giving Immigration Advice

• Signpost staff to regulated immigration advisers.
• Allow time off for appointments or document collection.
• Maintain a non-judgemental, confidential support space.

 

 

Summary: Proactive, Lawful, and Supportive HR Practices

 

Employers play a vital role in ensuring compliance with UK immigration law, particularly when staff apply for leave to remain with a fee waiver. By monitoring visa timelines, avoiding discrimination, maintaining confidential records, and signposting support, HR teams can strike the right balance between legal compliance and ethical workplace practice. Staying informed and applying neutral, structured processes reduces risk — while preserving dignity and inclusion for staff navigating complex immigration pathways.

 

Section E: Supporting Staff Through the Process

 

 

1. Creating a Supportive Workplace for Vulnerable Applicants

 

When an employee applies for a fee waiver as part of their immigration application, they may be under financial stress and emotional pressure. Although employers and HR professionals cannot give immigration advice unless accredited, they can still provide meaningful, lawful support that enables staff to manage the process with dignity and clarity. Establishing clear internal procedures, communicating support measures, and signposting to regulated advice services can help employees navigate their application while protecting employer compliance and staff wellbeing.

 

2. Signposting to Legal Aid and OISC-Accredited Advice Services

• Advise staff to seek help from OISC-registered advisers or SRA-regulated solicitors.
• Keep a list of trusted providers (e.g. Citizens Advice, Migrant Help).
• Avoid referrals to unverified or unregulated sources of advice.

 

Making this information accessible through HR channels helps ensure staff find reputable help promptly, especially when under time pressure.

 

3. Offering Time Off for Biometric Appointments or Evidence-Gathering

• Offer paid or unpaid time off for immigration-related tasks.
• Be flexible with work hours to accommodate urgent appointments.
• Avoid disciplinary action for short-notice absence during applications.

 

Offering time off shows commitment to staff wellbeing and helps reduce stress-related productivity issues.

 

4. Communicating Support Policies and Internal Procedures

• Clarify what HR can and cannot do in immigration cases.
• Set out what information employees must provide and how it’s handled.
• Identify designated internal contacts for immigration queries.

 

 

Summary: Small Actions, Big Impact

 

While employers cannot act as immigration advisers, they can play a vital support role for staff applying for fee waivers. By signposting legal help, offering time off, and clearly communicating internal procedures, HR teams can create a stable and responsive working environment. These small but important actions build trust, reduce risk, and help ensure that vulnerable employees are not left to navigate complex immigration challenges alone.

 

Section F: What Happens After the Waiver Decision

 

 

1. Understanding the Impact of a Fee Waiver Decision on Employment

 

Once a fee waiver application has been submitted, the employee must wait for the Home Office to make a decision. This determination has practical and legal consequences for their ongoing immigration application — and for their right to work. Whether the waiver is approved or refused, employers need to understand how to respond lawfully, protect their business from compliance risk, and support staff through the next stage.

 

2. If Granted: Next Steps in the Application Process

• The employee must submit their main immigration application within 10 working days.
• If submitted in time, section 3C leave continues — preserving their right to work.
• Employers should obtain evidence of the new application (e.g. acknowledgment or reference number).

 

 

3. If Refused: Options for the Employee and Work Rights Impact

• Employee may still apply and pay, submit a revised waiver, or seek legal advice.
• If no valid application is made within 10 working days, their right to work ends.
• Employers must act immediately to avoid illegal working.

 

Close monitoring and communication are essential during this phase.

 

4. Right to Work Implications Depending on Visa Outcome

• Work rights continue under section 3C leave if the application is pending.
• If refused and appeal rights are exhausted, employment must end immediately.
• Use ECS for real-time work status verification if unsure.

 

Compliance relies on timely right to work checks and up-to-date record keeping.

 

Summary: Monitor, Record, and Respond Promptly

 

Whether a fee waiver is granted or refused, employers must be proactive in monitoring the next steps. A granted waiver allows the employee to progress with their immigration application, while a refusal creates a tight window in which to act. Employers should track deadlines, retain communication evidence, and be ready to respond to changes in work rights — always with lawful process and compassionate support.

 

Section G: Strategic Considerations for Employers

 

 

1. Embedding Immigration Monitoring and Support into HR Systems

 

Employers should move away from informal or ad-hoc immigration tracking and ensure they have reliable, confidential HR processes in place. Key steps include:

• Using secure systems to track visa expiry dates, application deadlines, and section 3C leave timelines
• Ensuring HR teams and line managers are trained on immigration basics, including fee waiver impacts and work rights
• Developing internal policies that support staff facing immigration challenges, including template letters, checklists, and access to trusted advisers

 

By making immigration awareness part of standard HR compliance, employers can reduce risk and build a more resilient workforce.

 

2. Encouraging Early Disclosure to Avoid Last-Minute Risk

 

One of the biggest operational threats occurs when employees do not disclose immigration issues — such as needing to submit a fee waiver or struggling to afford visa fees — until the last minute.

Employers can mitigate this by:

• Creating a workplace culture that encourages confidential, early disclosure without stigma or fear
• Providing clear communication about what to do if an employee’s visa is due to expire
• Offering clear signposting to legal advice and internal HR contacts for immigration-related questions

 

Early engagement allows employers to plan appropriately and gives employees the best chance of maintaining lawful status and work rights.

 

3. Planning for Long-Term Retention and Sponsorship Alternatives

 

For employees with ongoing immigration needs, particularly those on 10-year routes or with limited leave to remain, long-term planning is essential. Employers should consider:

• Whether the Skilled Worker route may be appropriate in future — including assessing whether the employee meets skill and salary thresholds
• Keeping up to date with changes in immigration rules, fees, and sponsorship requirements
• Building internal capability or working with external immigration advisers to navigate more complex cases

 

Proactively identifying staff who may eventually need sponsorship helps employers prepare for compliance and budgeting — and supports valuable employees who may otherwise be lost to visa uncertainty.

 

Summary: A Proactive, Informed Immigration Strategy

Fee waiver applications are not just isolated events — they reflect broader structural issues around immigration affordability and status security. Employers that build immigration awareness into HR systems, encourage early employee engagement, and plan for long-term retention are better placed to manage compliance and support staff compassionately. Taking a strategic, future-facing approach not only avoids last-minute risk, but reinforces a culture of fairness and resilience across the organisation.

 

FAQs: Fee Waiver Applications and Employer Responsibilities

 

 

1. What is a fee waiver application?

 

A fee waiver application allows certain visa applicants to request exemption from paying the Home Office application fees, typically on the basis of affordability. It is most commonly used in applications made on human rights grounds.

 

2. Can an employee still be working and qualify for a fee waiver?

 

Yes. Fee waiver eligibility is based on financial hardship — not unemployment. Applicants in low-paid work, with dependants or high living costs, may still qualify. The Home Office recognises that working applicants can still face affordability barriers.

 

3. Does applying for a fee waiver impact someone’s right to work?

 

No. If the employee has valid leave at the time of applying and submits the application before their visa expires, they are generally covered by section 3C leave, which extends their right to work during the decision period.

 

4. What should an employer do if they’re aware an employee has applied for a fee waiver?

 

Employers should monitor the individual’s visa status, carry out appropriate right to work checks, and consider using the Employer Checking Service (ECS) if they need to confirm ongoing work rights while the application is pending.

 

5. Can employers help with the application?

 

Employers must not give regulated immigration advice unless authorised, but they can signpost staff to qualified OISC-accredited advisers or legal aid services. Employers can also offer time off for appointments or document gathering.

 

6. Will the Home Office inform the employer about the application or decision?

 

No. The Home Office does not share application details or outcomes with employers. It is the employee’s responsibility to inform their employer and maintain evidence of their work rights.

 

7. What happens if a fee waiver is refused?

 

If refused, the employee may still proceed with their immigration application by paying the fee. However, if they are unable to do so and their leave expires, their right to work will end. Employers must act promptly to recheck their status and avoid illegal working risks.

 

8. Should the employer retain documents related to the fee waiver?

 

Only if relevant to right to work checks. The employer should retain evidence of lawful status (e.g. share code, visa, ECS response), not the fee waiver documents themselves, unless the employee consents and it’s part of a secure HR process.

 

9. Are employers obligated to sponsor an employee if they lose status?

 

No. There is no obligation, but some employers choose to sponsor skilled staff who are eligible under the points-based system. Sponsorship decisions should be based on skills needs, role suitability, and compliance with sponsorship requirements.

 

10. How can HR teams prepare for future fee waiver cases?

 

By implementing robust immigration monitoring systems, communicating internal procedures clearly, and fostering an open, supportive culture that encourages early disclosure of immigration concerns.

 

Conclusion: Fee Waivers and HR Strategy

 

Fee waiver applications play an essential role in safeguarding access to lawful immigration status for individuals who cannot afford application costs. For UK employers, particularly those with diverse, low-income, or vulnerable staff, understanding the fee waiver process is not just a legal necessity — it’s a strategic HR priority.

Employees may be actively working and still qualify for a fee waiver. This does not imply a loss of right to work, nor should it trigger assumptions about status. Instead, it presents an opportunity for employers to show leadership in legal compliance, employee wellbeing, and ethical employment practices.

By taking proactive steps — including right to work monitoring, effective use of the Employer Checking Service, and clear communication policies — HR teams can manage fee waiver scenarios with confidence and compassion. Embedding immigration awareness into day-to-day processes and strategic planning allows organisations to avoid risk while supporting a stable, inclusive workforce.

Ultimately, when employers treat immigration complexity not as a barrier but as an opportunity to strengthen trust and retain talent, everyone benefits — the employee, the business, and the wider community.

 

Glossary of Key Terms

 

Term	Definition
Fee Waiver	A request to the Home Office for exemption from immigration application fees due to financial hardship.
FLR(FP)	Further Leave to Remain application based on Family or Private Life under human rights grounds.
Immigration Health Surcharge (IHS)	A fee required as part of most UK immigration applications to access the NHS.
Section 3C Leave	Legal provision extending a person’s immigration status while a valid in-time application is pending.
Employer Checking Service (ECS)	A Home Office service used by employers to verify an individual’s right to work when documents are unavailable.
Positive Verification Notice (PVN)	A document issued by ECS confirming the individual has the right to work, valid for six months.
Right to Work Check	A legal check carried out by employers to confirm a person’s eligibility to work in the UK.
OISC	Office of the Immigration Services Commissioner – regulates immigration advisers in the UK.
Human Rights Route	Immigration applications based on rights to private and family life under Article 8 of the ECHR.
Discretionary Leave	Temporary leave granted outside the Immigration Rules, typically on compassionate or protection grounds.

 

Authoritative Links and Resources

 

Resource	Description	Link
UK Home Office Fee Waiver Guidance	Official guidance for applicants on how to apply for a fee waiver based on financial hardship.	Visit
Right to Work Checks: Employer Guidance	Official Home Office guidance for employers on conducting right to work checks legally.	Visit
Employer Checking Service (ECS)	Access the ECS portal to request a Positive Verification Notice for employees without documents.	Visit
Citizens Advice – Immigration Support	Free guidance and support for individuals navigating immigration applications and hardship.	Visit
Migrant Help	Charity offering support services for vulnerable migrants, including legal referrals and housing.	Visit
Office of the Immigration Services Commissioner (OISC)	Check if an adviser is regulated to give immigration advice in the UK.	Visit
Home Office Immigration Rules – Appendix FM	Legal framework covering family and private life applications where fee waivers may apply.	Visit