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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Immigration Law
Satisfied Customers: 2377
Experience:  Dual qualified Solicitor and Attorney
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Heya I wanted to know what is the process for requesting a

Customer Question

Heya I wanted to know what is the process for requesting a fee waiver if someone has overstayed? Will it be granted on a humanitarian basis ?
JA: What steps have been taken? Has any paperwork been filed with the UK government?
Customer: I have already filled the waiver form, now I have to submit the documents
JA: Have you talked to a lawyer about this?
Customer: No I haven't and I don't have the funds for one right now
JA: Anything else you want the lawyer to know before I connect you?
Customer: I came on a visa exempt passport and lived here since I was 11 but it ran out and I left to country only to return on a tier 4 visa which ran out in 2017
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Jeremy Aldermartin replied 3 months ago.

Hi thank you for your message, only those who raise a human right claim will be eligible for a fee waiver, and only where this human rights claim “constitutes a substantive basis of their application”. More particularly, the following groups can qualify:

  1. 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
  2. applications for leave to remain under the 5-year parent route
  3. 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 Article 8 of the European Convention on Human Rights (the right to respect for private and family life)
  4. applications for leave to remain on the basis of other ECHR rights
  5. applications for further leave to remain from applicants granted discretionary leave following refusal of asylum or humanitarian protection, where the applicant claims that refusal to grant further leave to remain would breach their ECHR rights
  6. applications for further discretionary leave or victims of trafficking who have had a positive conclusive grounds decision, have already accrued 30 months’ discretionary leave and are seeking to extend it for reasons related to trafficking or slavery.
Expert:  Jeremy Aldermartin replied 3 months ago.

Importantly, applications for indefinite leave to remain, even if based on a human rights claim, are not covered. Applicants could be extending their leave forever, until they can afford to pay the indefinite leave to remain fee.

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