We Belong Contributes to ICIBI Investigation into Fee Waiver Applications 

Background

We Belong CEO Chrisann Jarrett and Policy Lead Mariam Bafo provided evidence to the Independent Chief Inspector of Borders and Immigration's (ICIBI) investigation into fee waiver applications (August-November 2024). We were able to submit a substantive response drawing from our impact stories collated from our young migrant community who have experienced acute financial barriers to securing and maintaining their immigration status. Our response also highlighted the limitations of the current fee waiver system and its failure to provide a financial safety net for those most in need. Alongside We Belong, the ICIBI's investigation analysed information from 23 other submissions to the ‘call for evidence’ from a range of stakeholders, including non-governmental organisations, local authorities, charities, legal representatives, and members of the public.

Full Report Summary and Our Response

Key Findings From the ICIBI Report 

1. The ICIBI expressed stakeholders' concerns regarding increases in Home Office fees alongside additional costs such as solicitors’ fees and biometric enrolment, which have meant that many applicants have incurred debts to pay them and that their lives, including their health and wellbeing, have been adversely impacted.

2. There are worries about the lengthy processing times for fee waiver applications, which can negatively affect applicants' mental health and leave them in a state of legal uncertainty.   

3. Stakeholders have raised concerns about the evidential requirements, assessment procedures, and the process of 'writing out' applicants when applying for a fee waiver.   

4. There are significant concerns about communication and engagement between the Home Office and applicants, where nearly 90% of customer complaints relating to delays, the Home Office acknowledged it has no service level agreement (SLA) in place for fee waiver decisions.

Rising Fees and Financial Impact 

 The ICIBI report highlighted stakeholders' serious concerns about the scale of Home Office fees. Over the past decade, fees such as Limited Leave to Remain have spiralled by 543%, with some applications now costing double what they were in 2014.  Child citizenship registration costs have increased by over 80%, while the Immigration Health Surcharge (IHS) has increased even more steeply—by 400% for adults and 300% for children. 

We submitted case studies from members of our community which highlight the Impact of the absence of a fee waiver for ILR.  We have heard from a number of young people having to continue making LLR applications beyond the point at which they are eligible to apply for settled status because they cannot afford to apply for ILR without a fee waiver. Below are a few examples to illustrate this issue: 

Marianne is unable to work and is in substantial debt. She has no fixed address and is sofa surfing, entirely reliant on friends to support her. Her situation and her health are precarious and, without a fee waiver to allow her to apply for indefinite leave, she has no prospect of securing permanent status, despite a decade of limited leave to remain. As things stand, she will remain on the limited leave loop indefinitely, with all the distress, anxiety and uncertainty that entails. 

Michaela's parents recently told them they will no longer be able to contribute towards the cost of the three children's Home Office applications, which means Michaela and her middle sister, Olivia, will need to pay not just their fees but those of their brother, David, who is in his second year at university.  

Michaela recently completed a master's degree and is doing a minimum wage job while she applies for graduate entry positions; Olivia is also in low-wage employment. If fee waivers remain unavailable for settlement applications, Michaela says she and her siblings will be stuck on the limited leave to remain loop indefinitely, as it will take many years before they can hope to save enough to cover their fees. The pressure of having to save up such large sums and the prospect of making multiple repeat fee waivers and limited leave applications in the meantime is taking its toll on the two older siblings' mental health. 

Other Stakeholders who submitted information to the (ICIBI) investigation where clear in their assessment: 

• "The fact that there are so many fee waiver applications demonstrates the extortionate costs many migrants face on their route."
• "[The] fees attached to immigration applications are too high and constitute a barrier to justice."
• The current fees are unaffordable and drive children, young people and their families out of lawful status." 

In 2023-24, UK Visas and Immigration recovered 211% of its operating costs from immigration fees alone, with the additional income supporting the wider Migration & Borders System. 
 
An additional Freedom of Information request conducted by We Belong show the following insights resulting from private life application increases:  

• There was an increase in applications for fee waivers associated with private life applications from the usual range of 3-4,500 submissions to 5,000 and above from October 2023, with a spike of 7,418 in Jan 2024 to a record high of 9,032 in May 2024, and 11,757submissions in January 2025.  
   
• During this period, we saw higher rejection rates from 37% in October 2023, 62% in May 2024, and 57% rejection rates in January 2025. 

The ICIBI concluded that "The ability to apply for a fee waiver is an important safeguard for those people who are seeking to make a human rights-based application to enter or remain in the UK, and for children seeking to register as a British Citizen, but who are unable to afford the fee and the immigration health surcharge (IHS). Stakeholders have expressed concerns about the scale of the fees and the IHS, alongside additional costs such as solicitors’ fees and biometric enrolment, which have meant that many applicants have incurred debts to pay them and that their lives, including their health and wellbeing, have been adversely impacted." - ICIBI pg. 2

Processing Delays and Backlogs 

Between June 2023 and June 2024, the queue of in-country applications awaiting decisions ballooned from 12,047 to 33,971, creating a substantial backlog of 33,971 applications as of June 2024. One stakeholder directly connected rising fees to increasing fee waiver applications: 

"It must be clear by now that raising application fees and IHS contribution levels must directly contribute to increased numbers of people seeking a fee waiver. It must also increase the complexity of fee waiver decision-making, since higher application fees will affect more families and individuals in work with moderate incomes." 

Processing times for in-country fee waiver applications averaged 69 days in September 2024, but ranged as high as 168 days between August 2023 and 2024. We Belong emphasized that these delays caused significant stress due to "the prolonged uncertainty and inability to move forward with their lives, including not being able to demonstrate UK residency and right to work."  

Despite nearly 90% of customer complaints relating to delays, the Home Office acknowledged it has no service level agreement (SLA) in place for fee waiver decisions, offering only standard responses with "available current wait times." 

Challenging Application Process 

The application process itself presents significant barriers. The form runs to 52 pages in its paper version, with an "intelligent" online version that asks follow-up questions based on entered information. 

The inspection found that caseworkers routinely "write out" to applicants for additional information. In April 2024, the in-country team began treating initial applications as the first "write out," meaning applications could be refused after just one unsuccessful additional information request—a policy change not published until September 2024. 

While the Home Office argued that free reapplications mitigate the impact of refusals, the ICIBI noted this approach "ignores the psychological harm and practical difficulties a refusal can create, as well as the burdensome application process."  

Our Mental health check report (November 2020) highlighted that young people’s feelings and fears about their futures ramped up every time they had to make a renewal. The longer the delay in the Home Office processing their application (potentially a year or more), the worse it was. Interviewees experienced anxiety and stress, chest pains, isolation, hopelessness, insomnia, panic attacks bad enough for an ambulance to be called, and even thoughts of self-harm and suicide caused by the pressures of navigating these barriers. 

Assessment Concerns 

Stakeholders raised serious concerns about assessment transparency and consistency. The inspection found varying approaches to the "affordability test," different interpretations of "essential living needs," and inconsistent definitions of "large transaction" and "excessive spending." 

The Chief Inspector observed that Home Office caseworkers were "focused on checking all the evidence that had been submitted and then querying what they perceived to be excessive spending, including requiring applicants to justify multiple financial transactions, normally over a six-month period." This approach risked "(Home Office) caseworkers losing sight of the fundamental question of whether the applicant's income and financial circumstances enabled them to afford the fee." 

Some stakeholders advocated for automatically granting fee waivers to applicants receiving means-tested benefits or local authority support, arguing these individuals have already been assessed by other officials. However, inspectors found that "some caseworkers were sceptical about passporting, believing that the benefits system was open to abuse." 

Communication Challenges 

The report emphasized that "given the importance of ensuring that these routes to settlement and citizenship remain open to those who qualify but are unable to afford the fees, it is reasonable to expect the Home Office to be making greater efforts to engage and listen to those affected and to their representatives." Until September 2023, there was no direct way for applicants to inquire about pending fee waiver applications, leaving them without recourse when facing prolonged processing times. 

Our Response 

We Belong welcomes the ICIBI's recommendations. The findings confirm what our community has experienced for years—a system designed to be inaccessible. Although the Home Office is not legally required to implement ICIBI recommendations, it should give them due weight as part of its commitment to fair, efficient, and accountable immigration processes.  

Recommendations concerning fee waivers should be prioritised to ensure that financial hardship does not become a barrier to children and young people securing and maintaining their status. A previous ICIBI report had already recommended a full review of the fee waiver process, including extending eligibility, lowering the burden of proof for demonstrating inability to pay, and setting service level agreements. The Home Office only "partially accepted" these recommendations. 

We Belong will continue advocating for a more accessible, transparent, and efficient fee waiver system that recognizes the financial realities faced by young migrants and their families. 

Link to the ICIBI's full report: https://www.gov.uk/government/publications/an-inspection-of-the-home-offices-management-of-fee-waiver-applications-august-2024-november-2024