ICIBI Inspection Exposes Failings in the Home Office’s Fee Waiver System

We welcome The Independent Chief Inspector of Borders and Immigration’s (ICIBI) latest report on the Home Office’s management of fee waiver applications. The Home Office’s acceptance of most of the recommendations is a step in the right direction, but much more needs to be done to ensure fee waivers are accessible to those who need them.
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RAMFEL submitted evidence to this consultation, drawing on our extensive experience in applying for fee waivers to identify persistent problems within the system. We proposed a series of recommendations, including a streamlined process for Leave to Remain (LTR) applications by ‘passporting’ some applicants, introducing fee waivers for Indefinite Leave to Remain (ILR) applications, and implementing a context-specific approach to out-of-country fee waiver applications.

The inspection extensively revealed data breaches related to Equifax checks, exposing the government’s potentially unlawful storage and retention of personal data of fee waiver applicants' and third parties with no connection to the applicant. RAMFEL has long been aware that unsuspecting British citizens data was being collected in these checks, an issue that was recently covered in The Guardian. This raises significant concerns about the Home Office’s approach to data protection. While they have ceased contracting Equifax, we have little confidence switching to a new provider, Experian, will significantly alter their approach.

The report rightly calls for more stakeholder engagement in overseas entry clearance applications as none currently exists, and highlights the worryingly poor decision making in this team. The inspection found that ‘no routine quality assurance checks of overseas fee waiver decisions had taken place since 2022’.  However, it fails to acknowledge that these poor decisions may be partly due to the unrealistic evidentiary requirements placed on overseas applicants, such as the need for them to provide tenancy agreements - documentation that is often unavailable to applicants from conflict zones.

The report found that approximately 70% of all applications within their sample of 144, required a ‘write out’ for further information – another issue RAMFEL has long been aware of. This is a clear indicator of a broken system and wasted resources. While the ICIBI recommends embedding ‘write outs’ into Home Office caseworkers’ performance measures, we believe this does not address the real problem: the Home Office’s seeming inability to recognise just how unaffordable visa applications now are.

The cost of LTR applications has skyrocketed in recent years, now standing at a staggering £3,845.50 per adult applicant. The rapid increases in application fees over the past few years make it painfully obvious that for many people, especially those on lower incomes or receiving in-work benefits, this cost is simply unaffordable. Those on Universal Credit, means-tested benefits, asylum support, or local authority assistance are though still required to submit extensive financial evidence supporting fee waiver applications. Despite this, the Home Office routinely requests additional and often unnecessary further evidence, or indeed requests evidence that has already been provided. This is not only a waste of Home Office time but also an unfair burden on those who can least afford it.

Since January 2023, RAMFEL received 24 further information requests for LTR fee waivers, with the Home Office only refusing one of these applications after the extra evidence was provided. One of these requests was to explain a 40p transaction. Based on this success rate, it is likely that most if not all, of these fee waivers could have been processed without requiring additional evidence. We firmly believe that the system we proposed in our submission—automatically ‘passporting’ certain applicants—should be implemented immediately to improve government efficiency and minimise waste.

It is unfortunate that the ICIBI did not address the lack of a fee waiver for ILR applications. With the recent increase in fees scheduled for April 2025, ILR fees will cost £3,029.00. This is a serious financial barrier for families trying to secure their future in the UK. Many applicants are forced into a cycle of applying for fee waivers indefinitely because they cannot afford to settle permanently, which ultimately increases the work of the Home Office fee waiver teams. Yesterday, an Early Day Motion was tabled calling for the introduction of an ILR fee waiver, and already 13 MPs have signed this.

In conclusion, while the ICIBI’s report highlights several critical issues within the Home Office’s fee waiver system, we feel it does not address some of the fundamental flaws driving these problems. This though may not have been the ICIBI’s mandate, and ultimately the Home Office itself has to decide whether it wishes to improve the fee waiver application process.

We urge the Government to take meaningful action by implementing the following:

• Streamline LTR Fee Waiver Process: The fee waiver process should be simplified by automatically passporting individuals on Universal Credit or disability benefits, as well as those in NASS accommodation or under section 17 of the Children’s Act. This would also greatly minimise the risk of non-consensual data collection and retention as part of Equifax and Experian checks.
• Introduce Fee Waivers for ILR Applications: Fee waivers for ILR applications are needed to ensure vulnerable individuals are not priced out of securing permanent status after completing their residential “qualifying periods”.
• Context-Specific Approach for OOC Fee Waiver Applications: The Home Office needs to adopt a more flexible, transparent approach for OOC fee waivers, especially for applicants from conflict zones where UK-centric documents may not exist. Clear guidelines should be provided on acceptable alternative evidence.