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The Guardian - UK
The Guardian - UK
Politics
Neha Gohil Community affairs correspondent

Families in UK in ‘state of limbo’ due to backlog of visa fee waiver applications

A man and woman sit side by side on a sofa. A young boy sits on the woman's lap and another, slightly older boy sits next to her.
Muhammad Rashid Khan and Farhad Alauddin Shaikh, who are receiving universal credit, have been waiting more than six months for a response to their visa fee waiver application. Photograph: Martin Godwin/The Guardian

Vulnerable families across the UK are facing “fear and uncertainty” due to a Home Office backlog in processing their visa fee waiver applications, leaving them in a “perpetual state of limbo”, according to migrant charities.

A record 18,528 applications for visa fee waivers were submitted to the Home Office in the first quarter of this year, but almost 33,000 submissions remain outstanding – the highest number recorded by the Home Office.

Just 69 applications were accepted by the department in the same period, a sharp decrease from the almost 6,000 applications accepted in the first quarter of the previous year.

Fee waivers are available to some people in the UK who are unable to afford the cost of their visa application, the price of which has increased by 20% for family visas, settlement and citizenship since October 2023.

The longer processing times, which a migrant charity said has increased from about eight weeks to eight months, is causing greater anxiety among families, some of whom already have legal status in the UK, and is affecting access to employment, housing and benefits.

Nick Beales, the head of campaigns at the Refugee and Migrant Forum of Essex and London (Ramfel), said: “There is perhaps no better example of how badly managed the immigration system is than these systemic delays, with no justification for the government taking over half a year to decide whether someone on minimum wage or in receipt of universal credit or disability benefits is able to afford nearly £4,000 for their visa.”

Muhammad Rashid Khan, 45, and his wife Farhad Alauddin Shaikh, 44, have waited more than six months for a response to their visa fee waiver application, despite receiving universal credit. They have two children, one of whom has British citizenship, and live in London.

The family was granted 30 months leave to remain by the Home Office, which expired in November 2023, on the 10-year route to settlement. Before their visa expiration, Khan applied to the Home Office for a waiver on the cost of their visa extension applications, which amounted to more than £7,000.

Due to the delay the family has been unable to extend their visa which, they said, is affecting their ability to work. Khan, an Uber driver, is waiting for a renewal on his licence after the company refused to provide him with a permanent licence due to the uncertainty of his immigration status. Shaikh is also unemployed.

Khan said: “If we could get a visa now, at least I can work nonstop, I can support my family and [Shaikh] can also apply somewhere for a job. And because of this, we don’t have status and wherever you go for the job, the first thing they ask you is status. Have you got a visa? Have you got a passport or anything? But unfortunately, we don’t have it.”

Shaikh said the family’s first application for a fee waiver was processed within one month, adding: “It’s a clear cut straightforward case and still we don’t understand the reason for the delay.”

“I don’t want to put my children in any kind of difficulties in life,“ Khan said. “I can sacrifice for my children, I can do anything, any job, I can do it … I will feed them, I will send them to school, make sure they get a good education, make sure they are good human beings.”

Khan, whose mother is elderly and unwell in India, said his family are unable to travel abroad due to the impact this would have on their visa application. His children have never met their grandmother in-person.

Sairah Javed, a solicitor at the Joint Council for the Welfare of Immigrants, said her clients had also been experiencing growing delays which is affecting their ability to prove their legal status in the UK.

Javed said: “Vulnerable clients who were already living on the poverty line have found themselves unable to document their status and their right to work, they’ve been unable to access the property rental market fully, they are unable to travel in case of family emergency and are in a perpetual state of limbo, which has had a terrible impact on mental health.”

The rising cost of visa fees has been accompanied by an increase in the immigration health surcharge, from £624 to £1,035 an applicant, each year, which gives migrants access to the NHS.

A spokesperson for the Home Office said: “We always aim to process fee waivers as quickly as possible. These waivers are based on affordability and will only be considered when applicants are unable to pay the fee after meeting their essential living costs.”

The department added that those who already have leave to remain in the UK will have their permission to remain in the country extended while they await an outcome on their fee waiver and visa applications.

Income generated from visa fees can be used only to fund the migration and borders system, the Home Office said.

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