The application fee for a child applying for citizenship is £1,012 and has been for some time.  This fee applies to all nationality applications by children.

The £1,012 fee has been the subject of litigation over the last few years by the Project for the Registration of Children as British Citizens (PRCBC).  The High Court in 2020 and the Court of Appeal in 2021 both found that the fee was unlawful as the Home Office had set it without having considered the best interests of children.

The Home Office has now reviewed the registration fee in light of its obligation to consider the best interests of children.  Unfortunately, it has re-set the fee at £1,012. However, for the first time it has also introduced fee waivers for children’s citizenship applications from mid-June 2022.

To qualify for a fee-wavier, applicants and their families must show that they cannot afford the fee. The new Home Office guidance explains that this means that the applicant child and their parent(s) “do not have sufficient funds at their disposal, after meeting their essential living needs, to pay the fee”.  Applicants and their families will need to submit fee waiver request forms together with supporting documentation.   Under this new policy, fees will either be waived in full or required to be paid.  There is no provision for fee reductions or partial waivers.

Some children, namely those who are looked-after by a local authority, will be exempt from paying a fee at all and will not be required to apply for a fee waiver.  This exemption does not, however, apply to children in receipt of local authority support.  They may still qualify for a fee waiver, but, as with other applicants, they will need to apply for one and the fee will only be waived if they show that they meet the affordability test.

The Home Office has released detailed guidance on the new fee waiver regime. This is available at Citizenship fee waiver for individuals under 18 caseworker guidance – GOV.UK (www.gov.uk)

If you require advice in relation to the above, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Since February 2022, allegedly caused by the Home Office focussing on its response to the Russian invasion of Ukraine, the Home Office has been extending immigration application processing times.

Below are some key changes to note:

Entry clearance

In mid-March, the Home Office suspended the priority service on work, study, and family routes.

The priority service is still available for some visitor visa applications depending on where the applicant is applying from.  You can check the services available at the visa centre you are applying from here: https://www.gov.uk/find-a-visa-application-centre.

Family visa applications

The Home Office announced on 11 May that the decision waiting times would no longer be up to 12 weeks, but 24 weeks.

Work visa applications

The published waiting time has not changed from 3 weeks on gov.uk.  However, the website does warn ‘UKVI is prioritising Ukraine Visa Scheme applications. Applications for work visas may take longer to process.’

Visitor and transit visas

The waiting time has gone from three weeks to six weeks.

In country applications

Most in country application timings are, so far, not as delayed as out of country applications.

Significant exceptions to this are applications made on the ten-year private and family life routes and asylum/protection claims, both of which have been suffering significant delays even before the Ukraine crisis.

On gov.uk it states that there are currently no standard processing times for applications submitted as a partner, parent or on the basis of private life.  The average waiting time for these times of applications is currently 11 months.  The super priority service, which means you get a decision by the end of the next working day after your biometrics appointment, is still available for these applications.

For a full list of the applications in country eligible for priority or super priority services, see here: https://www.gov.uk/faster-decision-visa-settlement/eligible-visas-when-applying-inside-the-uk.

Asylum

The gov.uk website states that you will ‘usually get a decision on your application within 6 months’.  However, the Refugee Council found in July 2021 that the average wait time for an initial decision is 1 to 3 years.  The Home Office’s own published data shows a huge decline in the number of asylum applications decided within 6 months since 2014.  There are also currently long waits to register asylum claims.

If you require immigration advice in relation to the above, we would be happy to help. Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.

Following the UK government’s announcement of a new High Potential Individual visa category for graduates of top global universities in July 2021, there has been a great deal of speculation within the world of immigration law about who exactly will be eligible for the visa and what this could mean for people who were previously unable to apply under the Graduate visa category.  However, the new rules in the statement of changes released on 15 March 2022 have left some people wondering whether the category will live up to expectations.

Under the new rules those hoping to qualify under the High Potential Individual category must have graduated from one of the universities included on a list of the top 50 ranked global universities within the last five years. To the disappointment of many, the universities included are largely from countries which are arguably viewed as the most ‘developed’, with nearly half of the universities being in the USA and many countries not appearing on the list at all.

Another disadvantage is that, unlike the Highly Skilled Migrant Programme and the Tier 1 (General) category, the High Potential Individual category will not be a route to settlement.

It is not all bad news, as those who find their university on the list and successfully apply under the new category will be able to enjoy the freedom of being on an unsponsored route, meaning they will not be tied to any particular job.

As well as needing to have graduated from a top global university, applicants will need to meet an English language requirement and a financial requirement to be eligible as a High Potential Individual. Those who hold a PhD or another doctoral level qualification will be granted a period of leave of 3 years, whilst those who hold other degree qualifications will be granted a period of 2 years.

Applications under the new category can be made from 30 May 2022.

If you require immigration advice in relation to the above, we can help.  Please contact us on 020 7401 6887 or by email at contact@gryklaw.com.