Cannot afford health surcharge

[morleyaxis]

Hi can anyone advise on the following:
When one applies for a FLR(FP) on the basis of family life there is an option to also apply for a fee waiver on an Appendix 1 form to avoid the £649 fee. If one cannot afford the £649 then one cannot afford the £500 surcharge also now required. However it is required to get a surcharge reference number before one can submit an application. The IHS online payment system makes no provision for applying for a waiver so it will not process an IHS reference number on this basis.
If one submits such an application (along with the fee waiver application) will this be automatically refused on the basis that the surcharge is not paid? If it is a breach of Article 8 ECHR rights to not process your FLR(FP) application for lack of funds then surely it is the same principle if one cannot afford the £500 surcharge either?

[Obie]

If the Fee waiver form is filled for FLR(O) or FLR(FP), then a person does not need to provide IHS number.

If the application for waiver is approved, then the application on FLR(FP) or FLR(O) will be valid aswell.

[morleyaxis]

Hi Obie,
Many thanks for our reply. That will be a great relief.

[newperson]

You might want to read this:

https://www.gov.uk/government/uploads/s ... l_2015.pdf

The fee waiver application has a very specific threshold for destitution. Much like the adult dependent settlement category, it isn't an easy thing to accomplish.

[gozo1]

It isn't entirely incapable to meet, and certainly not has hard, ifvthe requirements are met then individual should succeed.

[morleyaxis]

Thanks everyone for your input.