Question to the Home Office:

To ask the Secretary of State for the Home Department, for what reason fees for applications for Limited Leave to Remain are not covered under the Windrush Compensation Scheme.

The Windrush Compensation Scheme (WCS) compensates individuals for fees associated with immigration applications that would have confirmed the lawful status they held at the time (British Citizenship, Right of Abode, Indefinite Leave to Remain/Enter), but were unsuccessful because they were unable to provide sufficient evidence of that lawful status. Fees for immigration applications that were successful will not be awarded under the scheme because they gave individuals documentary evidence of their status.

The WCS will further compensate individuals if, following these unsuccessful immigration applications, in a reasonable attempt to resolve their immigration status they made additional, different, immigration applications (e.g. limited leave to remain) that also did not resolve their lawful status. Where it is decided to make a payment for these immigration application fees, any associated health charge paid under section 38 of the Immigration Act 2014 will also be made.

The WCS will not made any awards for fees associated with unsuccessful passport applications. This is in line with the scope of the Commonwealth Citizens Taskforce, because all individuals are required to pay for passport applications.