Form

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

Use this form if you already have leave granted on the basis of your family or private life and your financial circumstances change.

Documents

Request for a change of conditions of leave granted on the basis of family or private life

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Policy equality statement (PES)

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Detail

You can apply for a change to your conditions if:

  • since being granted leave to remain your financial circumstances have changed and you have become destitute, or 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, or 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 will qualify for an amendment to your conditions of leave only if:

  • you are 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

The Home Office has completed a review of the no recourse to public funds policy in light of the judgment of the Upper Tribunal in the case of Fakih, R (on the application of) v Secretary of State for the Home Department (IJR) [2014] UKUT 513 (IAC).

A new version of the policy has been published in the IDI Family Migration: Appendix FM Section 1.0b, including an accompanying policy equality statement.

This means that applicants who applied for a change of conditions to allow them recourse to public funds and did not qualify for this under the previous policy, and whose application was placed temporarily on hold, will now receive a final decision on their application for such a change of conditions. If they wish to provide further evidence that they meet the terms of the new policy, they will be given an opportunity to do so.

New applications for a change of condition code to allow recourse to public funds will be decided under the new policy.