If you have made an application for leave to remain and you:
- have not yet received a decision
- consider you are in need of recourse to public funds
- are eligible to apply for a change of conditions, or will be eligible if your application is granted
you need to complete a change of conditions application.
Apply online for a change to your conditions if:
- since being granted leave to remain your financial circumstances have changed and you have become destitute,
you are at imminent risk of destitution, there are now particularly compelling reasons relating to the welfare of your child on account of your very low income, or there are now exceptional circumstances in your case relating to your financial circumstances
- you were destitute, at imminent risk of destitution, there were particularly compelling reasons relating to the welfare of your child on account of your very low income, or there were exceptional circumstances in your case relating to your financial circumstances, at the time your application was being considered, but you failed to provide evidence of this and you now wish to send in this evidence
You can only change your conditions of leave with this request.
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.
For example, if you previously had 4 years leave to remain under the 5 year route to settlement but applied for a change of condition code and were moved on to the 10 year route, when you next apply under the 5 year route you’ll need to complete a new period of 5 years in order to then apply for settlement.
You can also apply for a change of conditions if you have leave to remain on the British National (Overseas) visa.
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
- you are at risk of becoming destitute
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
- they are at risk of destitution if either or both of the above are imminent
In order to make the request for an amendment to the conditions of your leave you must:
- 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
It is up to you to provide sufficient evidence to satisfy the caseworker that you meet the terms of the policy. If insufficient evidence is provided, the conditions of your leave will not normally be changed.
You should provide evidence of your financial circumstances and living arrangements. This should include documents that are applicable to your individual circumstances which could 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 pay slips accounting for the last 6 months
- breakdown of monthly income and expenditure
- recent tenancy agreement or mortgage statement
- recent utility and other relevant bills
- recent P45 / P60
- 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 letter from Local Authority confirming that support is being provided
- recent letter from registered charity or other organisation providing support
- recent letters from family or friends who are providing support, giving full details regarding the extent of this and how often it is provided
- recent letter confirming that you or your spouse or partner is in receipt of public funds
You’ll need to explain what your current financial circumstances are, how these may have changed, and how you’re currently maintaining yourself.
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.
Get help to apply online
You can get help with completing the online form if you:
- do not feel confident using a computer or mobile device
- do not have internet access
You can only use this service if you’re applying to switch to this visa in the UK.
You cannot get immigration advice through this service.
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