Question to the Home Office:

To ask the Secretary of State for the Home Department, whether exemptions exist for fees for biometric residence permits for people affected by changes to the right to work rules made in 2014 which mean that an expired travel document with a valid visa is no longer sufficient proof of right to work.

Although the Home Office provides for exceptions to the need to pay application fees in a number of specific circumstances, these exceptions do not extend to those seeking confirmation of status, such as those who apply to transfer their existing status to a biometric residence permit. If we were to waive fees on this basis, it would result in a reduction in income that would have to be made up through charging other customers higher fees. We believe this would be unfair. The exceptions ensure that the Home Office’s immigration and nationality fee structure complies with international obligations (for example, in relation to refugees and persons deriving rights under European law) and wider government policy. .

The Home Office does not receive or hold data on the number of people who hold an expired travel document with a valid visa but need to provide

acceptable evidence of their right to work to a new employer. In these circumstances the individual is required to apply to the Home Office to transfer their conditions, as a result of which they will receive a biometric residence permit. While the Home Office is processing the application it provides a checking service for employers to verify someone’s right to work so that the ability to start work is not impeded. This change was introduced to simplify and strengthen right to work checks by employers to better prevent illegal working in the UK.