Due to the coronavirus outbreak, many people may find it difficult to support themselves or their family members financially and may require help from the government. However, if you have leave to remain granted on the basis of your private and family life, many will have “no recourse to public funds” restriction attached with their leave to remain. This means they are unable to obtain financial help from the government.
The Home Office have now updated their policy and have stated if one of the following applies you may be entitled to applying for a change of conditions to your current leave:
In order to qualify, your current leave to remain must be giving under the following conditions:
- If your financial circumstances have changed since being given permission to stay in the UK and you are no longer able to provide food or housing for yourself or your family
- If your child is at risk because of your very low income
- If you had financial problems when you first applied but you did not provide evidence of this and you now want to provide this evidence
- If you are destitute.
- You must have leave to remain under the 10 year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under ECHR Article 8 (the right to respect for private and family life)
- You have leave to remain on the basis of other ECHR right.
You can also be eligible to apply if you have leave to remain under the 5 year partner/parent route. If you are accepted you would be considered to have moved on to the 10 year route to settlement and as such any future applications for leave will be considered under the 10 year route.
However, when you come to reapply if you feel that you again meet the criteria under the 5 year route you should be aware that any leave you had previously accumulated under the 5 year route will not count towards your new 5 year period.
Timeframe for assessing the request
- You need to provide your existing Biometric Residence Permit (BRP) where relevant, or passport (including your Leave to Remain vignette where relevant)
- You need to provide documentary evidence that you meet the policy on granting recourse to public funds
- You should provide evidence of your financial circumstances and living arrangements.
The application is free of charge. No service standards apply to the assessment of whether the applicant qualifies for a change of condition code, but the Home Office will make reasonable efforts to decide such requests promptly, especially those involving a child or an applicant who is street homeless, disabled or otherwise in vulnerable circumstances.
If you meet the requirements for a change to the conditions of your leave to allow you to apply for public funds you will be told by letter or email. This may include a request that you give biometric information (fingerprints and photograph). You would need to do this at a Service & Support Centre (SSC). Information on how to do this will be provided in your decision letter. The Home Office will then issue you with a new biometric residence permit.
Author Amrit Raindi
is a business and private immigration solicitor based in the Birmingham and Leicester offices. Amrit specialises in asylum applications; applications for leave to enter or further leave to remain as a spouse, fiancé, unmarried partner, or other dependant relative; visitor visas; Human Rights applications; nationality: applications for citizenship under any route; immigration appeals; deportation; and passport applications.
Contact Amrit on 020 7275 2650
or at email@example.com
Duncan Lewis Business Immigration Solicitors
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