Application for change of conditions of leave to allow access to public funds if your circumstances change

Circumstances change; that’s a given in any situation. If you’ve already been granted leave based on your private or family life and your financial situation changes, you may still require access to public funds.

Here’s what you need to know.

(Updated as of 21 April 2020)

Eligibility

You’re eligible to apply for a change of conditions if:

  • “you 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’re 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.”

Evidence required

To make the request for an amendment to your conditions of leave you need to:

  • complete your application online 
  • provide your existing Biometric Residence Permit (BRP) where relevant, or passport (including your Leave to Remain vignette where relevant)
  • include documentary evidence that you meet the policy on granting recourse to public funds

Evidence of your financial circumstance and living arrangements will be required such as:

  • 6 months bank statements for all accounts held by all members of your household, even those belonging to children or ones that are rarely used. These should be fully annotated to explain significant/regular transactions
  • recent utility and other relevant bills
  • letter confirming duration of employment, the hours worked and salary (the person writing should state their position in the company and provide contact details)
  • recent letters from family or friends who are providing support, giving full details regarding the extent of this and how often it is provided

Biometric residence permits (BRP)

“If you meet the requirements for an amendment to the conditions of your leave to allow recourse to public funds we may send you a letter giving information about enrolling your biometric information. You would need to do this at a Service & Support Centre (SSC) for which you may qualify for travel assistance. We will then issue you with a biometric residence permit.”

Timeframe for assessing the request

“No service standards apply to the assessment of whether the applicant qualifies for a change of condition code, but caseworkers 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.”

Please be advised that the above information is not an exhaustive list as there are more requirements and points to consider when making an application

For more information on application for change of conditions of leave to allow access to public funds if your circumstances change, send an email to info@compasslaw.org.uk or contact us on 01204 531 535 to book a telephone/Skype consultation. The fee is £30.

To limit the spread of the Coronavirus (COVID-19), until further notice, our drop-in service and all scheduled appointments will be held remotely. Please be advised that whilst our remote drop-in service will be held on Mondays between 10am – 1:30pm, our Friday service (usually held in Preston) has been cancelled for the foreseeable future.

Thank you for your cooperation and stay safe.

Compass Immigration Law LTD:

“The direct route to immigration expertise.”

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