Change of Circumstances – Recourse to Public Funds, how can you qualify and what you need to do?
Individuals with limited leave to enter or stay in the UK are subject to a condition of having NRPF (No Recourse to Public Funds). This condition strips them of their entitlement to welfare benefits including income support, universal credit, housing benefit, etc.
Under certain circumstances, these applicants can be granted recourse to public funds on the basis of their private and family life in the UK.
Change of Conditions – Recourse to Public Funds
If the migrant has limited leave to remain in the UK with NRPF stamped on this leave to stay, the individual is eligible to submit an application for recourse to the public funds. It is called the ‘Change of Condition’ application that a migrant can apply for to get welfare benefits.
The NRPF condition is not usually imposed by the Home Office under following exceptional circumstances
- The person is destitute or at the risk of imminent destitution as defined in section 95 of the Immigration and Asylum Act 1999
- There are ‘particularly compelling reasons’ relating to insufficient funds to meet a child’s particular and essential additional needs.
Eligibility Criteria to Apply For Change of Conditions Application
Not all forms of leave are subjected to change of conditions to allow access to the public funds. The Home Office sets out eligibility requirements for applicants applying for access to public funds.
- The migrant has the leave to remain under the 10-year partner, parent, or private life route
- The person is eligible to apply if he has the leave to remain under the 5-year partner/parent route.
- Refusal of application would breach the applicant’s rights under ECHR Article 8
- The applicant has the leave to remain based on ECHR right
The applicant will only qualify for an amendment to conditions of leave in case of exceptional financial circumstances. Moreover, satisfactory evidence shows that the applicant is destitute. A person is deemed destitute if
- They can not afford or have adequate accommodation
- Although they have adequate accommodation, sufficient funds are not available for meeting essential living needs
Evidence Required For Change of Conditions Application
Attach relevant documentary evidence when applying for a change of conditions to allow access to public funds
- 6-month bank statements of all accounts held by the applicant and dependents
- Payslips for the last 6 months
- Details of monthly income and expenses
- Tenancy agreement
- Mortgage/loan details
- Utility bills
- Letter from employer confirming the duration of employment and salary
- Letter from family, friends, or NGO providing support
Applying for Change of Conditions Application
This change of conditions application can be made online for free without the need for a lawyer. However, it is better to get legal advice from an immigration advisor before submitting the application.
While applying, provide valid BRP and documentary evidence to credibly demonstrate that you meet the policy criteria to be given recourse to public funds.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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