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Have your financial circumstances changed since your last grant of leave?

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Have your financial circumstances changed since your last grant of leave? Was your leave granted based on your family or private life?

by Shazia Akhtar, Partner, and Head of Immigration Services

During these unprecedented times, we understand that people are struggling to make ends meet because of illness, self-isolation, school, or work closures. If you are currently in the UK based on your family or private life, we can make an application for a change of conditions of leave. This will allow access to public funds because your circumstances have changed:

You can apply if:

  • Your financial circumstances have changed since being permitted to stay in the UK and you are no longer able to provide food or housing for yourself or your family
  • Your child is at risk because of your very low income
  • 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 your application is successful the conditions of your leave will be changed to allow you to access public funds. There is no Home Office fee for this application.

Eligibility:

  • You’re eligible to apply for a change of conditions if:  you have to leave to remain under the 10-year partner, parent or private life route
  • you have to leave to remain based on other ECHR right
  • You can also be eligible to apply if you have to 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.

You’ll qualify for an amendment to your conditions of leave only if:

  • You’re destitute
  • There are particularly compelling reasons relating to the welfare of your child on account of your very low income
  • There are exceptional circumstances in your case relating to your financial circumstances

A person is destitute if:

  • They do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)
  • They have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs

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 photographs). You would need to do this at a Service & Support Centre (SSC). Information on how to do this will be provided in the decision. A new biometric residence permit will be issued.

If you are worried about your financial position and would like to discuss your circumstances please call us on 01234 350244 and we will be happy to assist you.

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By: DV Solicitors
Date: April 22, 2020

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