Changes- NRPF and Fee Waivers

[appealalready]

Summary of Changes:

see: http://www.voice-online.co.uk/article/i ... -spotlight

No Recourse to public funds: There is ability to change the restriction of no recourse to public funds that is often placed on grants of leave to remain. Anyone needing to access benefits can apply to have this condition removed, however, you will need to show that you are not able to meet your living cost and basic subsistence requirements.

Fee Waiver: There is also an option for families that are suffering destitution or not able to meet their basic living costs to apply for a fee waiver on applications. The fees vary but currently £55 for EEA applications, £601 for most in county limited leave applications, and £1093.00 for indefinite leave to remain. There is currently a judicial challenge to the manner in which the UKBA have been assessing these applications. It has been claimed that previous assessments have been delayed on many and granted to so few. In some cases, the UKBA have even rejected waiver applications from families with no access to benefits and homeless being accommodated by social services.

[appealalready]

There is currently a judicial challenge to the manner in which the UKBA have been assessing these applications.

R (on the application of Carter) v Secretary of State for the Home Department

http://lexisweb.co.uk/cases/2014/july/r ... department

The Case
Immigration Leave to remain. The claimant applied for leave to remain in the United Kingdom and for an application fee waiver under the defendant Secretary of State's destitution fee waiver policy. The Secretary of State rejected the application, refusing to waive the application fee as the claimant did not qualify for a waiver. The claimant sought judicial review. The Administrative Court, in allowing the application, held that the policy was unlawful in that the refusal to waive the application fee was incompatible with the claimant's rights under art 8 of the European Convention on Human Rights.