Fee waiver ( Question )

[hussain1988]

Hi guys anyone can help me my wifes Visa expires on 23rd of April 2023 under FLR FP 10 year parent route it will be her last extension

If I apply for fee waiver asap will this effect her stay cause from reading some post here fee waiver is taking around a month for them to make a decision.

For example I apply for fee waiver wait for decision by the time I wait for decison her her current visa would have expired will this mean she will be a over stayer or home office will know there is a current fee waiver in place then have with in 28 to apply for visa so it won't effect her stay.

Someone wrote this, is this correct

If your leave expires and your application for the fee waiver is still being considered, this won't count as you overstaying your visa.

[Ticktack]

Hi guys anyone can help me my wifes Visa expires on 23rd of April 2023 under FLR FP 10 year parent route it will be her last extension

If I apply for fee waiver asap will this effect her stay cause from reading some post here fee waiver is taking around a month for them to make a decision.

For example I apply for fee waiver wait for decision by the time I wait for decison her her current visa would have expired will this mean she will be a over stayer or home office will know there is a current fee waiver in place then have with in 28 to apply for visa so it won't effect her stay.

Someone wrote this, is this correct

If your leave expires and your application for the fee waiver is still being considered, this won't count as you overstaying your visa.

Not sure where that person got that from, and I stand to be corrected.

If your visa expires before you make another visa application, then you're an overstayer.

Whatever charity one is looking for probably wouldn't concern the HO.

Is that really a risk you want to try on your last extension? Food for thought!

[hussain1988]

Hi guys anyone can help me my wifes Visa expires on 23rd of April 2023 under FLR FP 10 year parent route it will be her last extension

If I apply for fee waiver asap will this effect her stay cause from reading some post here fee waiver is taking around a month for them to make a decision.

For example I apply for fee waiver wait for decision by the time I wait for decison her her current visa would have expired will this mean she will be a over stayer or home office will know there is a current fee waiver in place then have with in 28 to apply for visa so it won't effect her stay.

Someone wrote this, is this correct

If your leave expires and your application for the fee waiver is still being considered, this won't count as you overstaying your visa.

Not sure where that person got that from, and I stand to be corrected.

If your visa expires before you make another visa application, then you're an overstayer.

Whatever charity one is looking for probably wouldn't concern the HO.

Is that really a risk you want to try on your last extension? Food for thought!

This is not a risk its no harm on applying for fee waiver which I have the right to do so.

It says on government website

You must apply for your visa and give your fingerprints and a photo (‘biometric information’) within 28 days of getting your decision email or letter.

Otherwise your code will expire and you’ll have to make a new fee waiver application.

On verious website i found this
When do I apply for a fee waiver?

If you already have leave to remain: you must apply for a fee waiver no more than 28 days before your current leave to remain expires. Once you make a fee waiver application, all of your existing rights and entitlements will continue as if you had made a leave to remain application. This extended leave is known as Section 3C leave, under Section 3C of the Immigration Act 1971. This means that as long as you applied for a fee waiver 28 days or less before your leave expires, you don’t need to worry if you haven’t had a response from the Home Office by the time your existing leave expires.

If you do not currently have leave to remain: you must apply for a fee waiver before you apply for leave to remain.

Once you receive a decision on your fee waiver application (whether it is granted or refused), you must then apply for leave to remain within 10 working days. If you do not apply within 10 working days of the decision on your fee waiver application, any existing leave you have will come to an end. If you were granted a fee waiver, the code for redeeming the fee waiver will no longer be valid.


From info I found the leave will not be affected.
People just get worried over small this thinking I have to apply for fee waiver first then make sure its I get decision before my leave expires which is wrong you can only apply for fee waiver before 28 days before your leave expires your leave wont be affected at all until a decision is made on fee waiver application.

I say to everyone do your research first find out.

We are all here to help one and each other give accurate information as possible and share success stories.

[JB007]

On verious website i found this
When do I apply for a fee waiver?

If you already have leave to remain: you must apply for a fee waiver no more than 28 days before your current leave to remain expires. Once you make a fee waiver application, all of your existing rights and entitlements will continue as if you had made a leave to remain application. This extended leave is known as Section 3C leave, under Section 3C of the Immigration Act 1971. This means that as long as you applied for a fee waiver 28 days or less before your leave expires, you don’t need to worry if you haven’t had a response from the Home Office by the time your existing leave expires.

Not sure where you got that from, but here is 3c of the Immigration Act 1971 explained on the gov.uk site and it seems to confirm what @Ticktack has said: that you need to apply for another visa before the present visa expires.

A person will have section 3C leave if:
• they have limited leave to enter or remain in the UK
• they apply to the Secretary of State for variation of that leave
• the application for variation is made before the leave expires
• the leave expires without the application for variation having been decided
• the application for variation is neither decided nor withdraw

https://assets.publishing.service.gov.u ... e_v11b.pdf

[JB007]

It says on government website

You must apply for your visa and give your fingerprints and a photo (‘biometric information’) within 28 days of getting your decision email or letter.

Otherwise your code will expire and you’ll have to make a new fee waiver application.

On verious website i found this
When do I apply for a fee waiver?

If you already have leave to remain: you must apply for a fee waiver no more than 28 days before your current leave to remain expires. Once you make a fee waiver application, all of your existing rights and entitlements will continue as if you had made a leave to remain application. This extended leave is known as Section 3C leave, under Section 3C of the Immigration Act 1971. This means that as long as you applied for a fee waiver 28 days or less before your leave expires, you don’t need to worry if you haven’t had a response from the Home Office by the time your existing leave expires.

If you do not currently have leave to remain: you must apply for a fee waiver before you apply for leave to remain.

Once you receive a decision on your fee waiver application (whether it is granted or refused), you must then apply for leave to remain within 10 working days. If you do not apply within 10 working days of the decision on your fee waiver application, any existing leave you have will come to an end. If you were granted a fee waiver, the code for redeeming the fee waiver will no longer be valid.

You can see also how your gov.uk quote is a diferent timeline from your quote from the unknown site. There seems to be other contradictions too with timelines and not just 3C. This is what the uk.gov state - https://www.gov.uk/visa-fee-waiver-in-uk

This is a clearer guide to what 3C is for-

The purpose of section 3C leave is to prevent a person who makes an in-time application to extend their leave from becoming an overstayer while they are awaiting a decision on that application and while any appeal or administrative reviewthey are entitled to is pending

https://assets.publishing.service.gov.u ... e_v11b.pdf

Which means you must apply for another visa before the present visa expires, to have the protection of 3C.

[hussain1988]

Is this related to fee waiver aapplication

The purpose of section 3C leave is to prevent a person who makes an in-time application to extend their leave from becoming an overstayer while they are awaiting a decision on that application and while any appeal or administrative reviewthey are entitled to is pending

[hussain1988]

This is right information from https://www.gov.uk/government/publicati ... plications

Requests for a fee waiver made by those who have current Leave to Remain, and
whose leave expires whilst their fee waiver request is being considered, will be
allowed 10 working days from the actual date of their fee waiver decision to submit an application for Leave to Remain or Further Leave to Remain. After this, their
leave will be treated as expired.
If an individual has legal leave or has submitted the fee waiver request before their
leave has expired, they are not required to apply for Leave to Remain until after the
outcome of their fee waiver application.
Requests for a fee waiver made by those without current Leave to Remain mean that
the applicant will not be able to benefit from the 10 working days period allowed
above.

I will have 10 day working days to submit an FLR FP application after the fee waiver decision has been given so my wife will not overstay her current leave until fee waiver decision is made.

I have given correct infomation on my other post.

[hussain1988]

Sometimes we can look at a section on goverment website for information thinking this is correct info im looking at but its not.

Every section has its own section if I was looking for fee waiver information i will look at fee waiver section and nothing else.

I read the right section for the right info cause you dont want to mess your status.

[hussain1988]

I will apply for fee waiver this month then I wait around 4 to 6 weeks on decision if I get decision before my partner leave expires better.

For example I apply fee waiver 27th of February then get decision next month on 27th I wont need to apply with in 10 days for her extension FLR FP 10 year parent route as her visa is still valid till 13th April which means gap is 12 days if get decision on 27th of March but highly likely decision will come near her visa expiry date or after expiry date.

After I applied headache is if fee waiver is granted or not You must apply for your visa and give your fingerprints and a photo (‘biometric information’) within 28 days of getting your decision email or letter.

I have to find appointment dates which are available asap!

Last time I applied without putting a fee waiver application through did visa application in July 2020 then did biometrics in September

[hussain1988]

I will apply for fee waiver this month then I wait around 4 to 6 weeks on decision if I get decision before my partner leave expires better.

For example I apply fee waiver 27th of February then get decision next month on 27th I wont need to apply with in 10 days for her extension FLR FP 10 year parent route as her visa is still valid till 13th April which means gap is 12 days if get decision on 27th of March but highly likely decision will come near her visa expiry date or after expiry date.

After I applied headache is if fee waiver is granted or not You must apply for your visa and give your fingerprints and a photo (‘biometric information’) within 28 days of getting your decision email or letter.

I have to find appointment dates which are available asap!

Last time I applied without putting a fee waiver application through did visa application in July 2020 then did biometrics in September

This is my experience Im going to have to go through fee waiver application is not that complicated.

What I find is when people go to solicitor to apply for fee waiver but your paying solicitor fee for solicitor to apply for fee waiver in reality its not free even worse you paid a fee to solictor then find out you wasnt granted a fee waiver at all.

[hussain1988]

Submitted application: 24th February
Submmited documents 27th February
Wating for decision

Gave much information as possible I always give more documents/evidence as much as possible they asked for past 6 months and gave past 12 months of evidence just incase.

On FLR FP application I send as much info as possible and evidence of letters etc.. that way its better. I say with any HO application send as much info as possible cause you don't want them asking for more evidence always double check your checklist you uploaded everything and give other information such as letters in your name or joint names it helps alot.

[hussain1988]

I have lost my job recently I gave my P45 as proof uploaded that few weeks after making the the application we can still add more documents if needed.

I lost my part time job on the 20th February but got my P45 at later date.

Shorty after loosing my job didn't expect to get another job so quickly. At the time of fee waiver application I was unemployed I know they HO always follow current circumstance at time of fee waiver application.