If you have leave to remain in the UK and you have previously been told you cannot claim benefits, but your financial situation has changed, you may be able to apply for the condition to be changed.
The government allows applications to be made in certain circumstances so that individuals in difficulty can secure public funds to support them. This includes when someone is no longer able to provide food or housing for themselves or their family.
Leave to remain with no recourse to public funds
If you have been given leave to enter or remain in the UK for a limited period of time, you are likely to have been told that you will have no recourse to public funds, meaning you cannot apply for government support. This includes no access to most welfare benefits or support for homelessness and provision of social housing.
However, if you find yourself faced with financial hardship, you may be able to apply for this condition to be removed so that you can secure government help.
What is a ‘change of conditions?’
If you have leave to remain in the UK on the basis of your family or private life or you are applying for leave to remain, then you should not be prevented from claiming public funds in the following circumstances:
- You are destitute
- You are at risk of becoming destitute
- You have a very low income which is impacting your ability to look after the welfare of your child
- You are in exceptional circumstances financially
Someone is classed as being destitute if:
- They do not have adequate accommodation, or they are not financially able to secure adequate accommodation
- They have adequate accommodation but cannot afford other essentials
- If the above are imminent, someone is classed as being at risk of destitution
Eligibility to apply for a change of conditions to enable you to access public funds
To be eligible to apply for a change of conditions to your leave to remain you must have leave to remain in the UK under the 10-year partner, parent, or private life route.
Applying for an amendment to the conditions of leave to remain because of financial hardship
You will need to provide your biometric residence information or passport.
A range of evidence giving details of your financial situation will also need to be sent in support of your application, including:
- Bank statements for the previous six months for all accounts held by you and those you live with. You need to mark and explain recurring and substantial transactions.
- Payslips for the previous six months.
- A breakdown of your monthly income and expenditure.
- Up-to-date mortgage statement or tenancy agreement.
- Recent bills, to include utility bills.
- A recent P45 or P60.
- A letter from your employer setting out details of your job, to include how long you have worked there, how many hours you work and your salary. The letter should state the position in the organisation of the person who has written and signed it and their contact details.
- Letters from anyone providing support to you, to include the local authority, charities, friends, or family.
- A letter confirming you have received public funds if these have been provided.
You should also send an explanation of how and why your financial circumstances have changed.
Contact our expert Manchester immigration solicitors
At Saxon Solicitors we specialise in immigration, meaning we have a high level of expertise and in-depth understanding of the complex UK immigration system.
If you are experiencing financial difficulties and you believe you are entitled to ask for the ‘no recourse to public funds’ condition to be removed from your leave to remain, we can help you with your application, ensuring that all necessary evidence is included in support.
To speak to our expert UK immigration solicitors in Manchester, ring us on 0161 795 9955 or fill in our contact form below and we will call you back.
We deal with immigration applications for clients in Manchester, Blackburn, and Bradford as well as further afield.