Accessing public funds in the UK

What happens if my financial circumstances change after I have been granted a visa to remain in the UK?

If your financial circumstances change and you have become destitute or are at imminent risk of destitution following a grant of leave to remain in the UK, depending on which type of visa you have, you may be eligible to apply for a change of conditions. Those who have leave to remain in the following categories are eligible to apply:

• Leave to remain under a 10-year partner, parent or private life route where a refusal of that visa application would breach their rights under Article 8 ECHR

• Leave to remain on the basis of any other ECHR right

• Leave to remain under a 5-year partner or parent route

To successfully apply for a change of conditions you must be able to show that:

• 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; or

• You are at risk of becoming destitute

You must also provide evidence of your financial circumstances and living arrangements when applying which can include the following:

• 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 payslips accounting for the last 6 months;

• A breakdown of monthly income and expenditure;

• A recent tenancy agreement or mortgage statement;

• A recent utility and other relevant bills;

• A recent P45 / P60;

• A letter confirming duration of employment, the hours worked and salary (the person writing should state their position in the company and provide contact details);

• A recent letter from Local Authority confirming that support is being provided;

• A recent letter from registered charity or other organisation providing support;

• A recent letters from family or friends who are providing support, giving full details regarding the extent of this and how often it is provided; or

• A recent letter confirming that you or your spouse or partner is in receipt of public funds.

If the application is successful, the no recourse to public funds condition will be lifted for the remainder of your visa and you will be issued with a new BRP confirming the same.

What happens if I claim public funds despite my visa being subject to a no recourse to public funds condition?

If you have been granted permission to enter or remain in the UK, subject to the condition of no recourse to public funds, and it is found that you have been claiming public funds then you may be committing an offence. This may result in consequences such as your leave being curtailed, potential prosecution, and increase the risk of subsequent immigration applications being refused.

Can my British or settled partner access public funds even if my visa has been granted subject to a no recourse to public funds condition?

Yes. A person who is subject to the no recourse to public funds condition will not be considered to be illegally accessing public funds if their partner is entitled to access and claim public funds in their own right.

What benefits can I claim if I have no recourse to public funds?

If you are subject to the ‘no recourse to public funds’ condition you will be able to claim benefits that are based on National Insurance contributions (providing that you are eligible). Examples of the benefits which individuals subject to the ‘no recourse to public funds’ condition may be able to access include:

• Contribution-based Jobseeker's Allowance 

• Guardian’s Allowance (if in receipt of Child Benefit)

• Incapacity Benefit 

• Contribution-based Employment and Support Allowance (ESA) 

• Maternity Allowance 

• Retirement Pension 

• Statutory Maternity Pay

• Statutory Sickness Pay 

• Widow’s Benefit and Bereavement Benefit

How can Paragon Law help?

Paragon Law have assisted many individual's to navigate the UK's immigration laws. So whether you have a question about claiming public funds in the UK, or whether you would like guidance on another matter of UK immigration law, please don't hesitate to contact us.