Leave to remain with No Recourse to Public Funds

Similar documents
Leave to remain with No Recourse to Public Funds

Summary of Key Points

DOMESTIC ABUSE VICTIMS WITH NO RECOURSE TO PUBLIC FUNDS PRACTICE GUIDANCE OXFORDSHIRE

Key pressures on local authority NRPF service provision

NO RECOURSE TO PUBLIC FUNDS GUIDANCE AND PROCESS

Immigration and Nationality Directorate

Refugee Council Refugees without refuge. Findings from a survey of newly recognised refugees

1. Scottish Women s Aid

AN OVERVIEW OF THE WELFARE ENTITLEMENT OF VICTIMS OF TRAFFICKING AND SECURING THESE IN PRACTICE

Local Authority obligations to people with No Recourse to Public Funds (NRPF) Olvia Fellas Team Manager

Croydon Immigration and Asylum Support Service (IASS)

Department of Health consultation on the Care Act 2014

An Early Help Guide. By C Mapp, May 2017

EFFECTIVE ACTION SUPPORTING PEOPLE WITH NO RECOURSE TO PUBLIC FUNDS (NRPF) A GUIDE FOR HOMELESSNESS SERVICES

Summary of Key Points

Housing migrants and refugees

IN THE MATTER OF AN OPINION REQUESTED BY THE ASSOCIATION OF CHARITABLE FOUNDATIONS, THE JOSEPH ROWNTREE TRUST AND THE JOSEPH ROWNTREE HOUSING TRUST

No Recourse to Public Funds An Overview of Legal Challenges So Far

Who we are What we do Who we help. Southampton & Winchester Visitors Group. Working with asylum seekers and refugees

Families with No Recourse to Public Funds

WELFARE REFORM COMMITTEE WELFARE FUNDS (SCOTLAND) BILL SUBMISSION FROM SCOTTISH REFUGEE COUNCIL

English. Asylum Advice. Claiming Asylum in the UK

Ideally 1 item which shows photographic identification (list 1) and two items which have proof of address (list 2) are required for an RA Card.

UKBA STUDENT VISAS STEP BY STEP GUIDE FOR US PASSPORT HOLDERS

Until there s a home for everyone

SCOTTISH REFUGEE COUNCIL WRITTEN SUBMISSION

CCLC s Migrant Children s Project

A basic guide to making an application to revoke a Deportation Order for Non EEA Nationals based on family and/or private life (Article 8) in the UK

If you do not already have these documents, you can get them from our website at

Asylum and refugee support: Civil society filling the gaps? Dr. Lucy Mayblin University of

Human Rights. Article 3

If you do not already have these documents, you can get them from our website at

Seeking Refuge? A handbook for asylum-seeking women UPDATE 2014 FOLLOWING CHANGES TO THE IMMIGRATION RULES ON FAMILY MIGRATION

Working with refugees

In addition to this application form, you need Applying on Form SET(F): Guidance Notes, which you can get from

Criminal Record Disclosures Interim Guidance for Parish and other Verifiers

Assessing and supporting adults who have no recourse to public funds (NRPF) (England) Practice guidance for local authorities

Rights of EU nationals after Brexit: concerns, questions and recommendations

Who is eligible for housing? By Amy Lush, 12 College Place

Immigration Advice. Student Immigration Team.

GUIDANCE FOR CHECKING IDENTITY ON CRIMINAL RECORDS BUREAU DISCLOSURES

IMMIGRATION BILL DELEGATED POWERS MEMORANDUM BY THE HOME OFFICE

Consultation on proposals for the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and Asylum Chamber) fees

PLUS Project Training Programme July March 2018

Project Findings Report March Funded by

NRPF Bulletin. Inside this issue. Contents

Switching from Tier 4 to Tier 2 Online from Inside the UK

No Recourse to Public Funds: Financial Implications for Local Authorities

Destitution in the UK 2018

Deportation Appeals. Preparing your Article 8 Deportation Appeal

Key Worker Application Form

Guidance for local authorities: Assessing and supporting victims of domestic violence who are from abroad and have no recourse to public funds (NRPF)

Parliamentary inquiry into asylum support for children and young people

Practical barriers to effective resettlement: Identification for prison leavers

Private Sector Housing Civil Penalties Policy

Migrant workers Social services duties to provide accommodation and other services

One set of photocopies of all documents submitted

TRAPPED: DESTITUTION AND ASYLUM IN SCOTLAND

Disclosure and Barring Service (DBS) and Employment Checks Procedure

Immigration Act 2014 Article 8 ECHR

TIER 5. Tier 5 (Youth Mobility Scheme) of the Points - Based System Policy Guidance

Background Briefing. Asylum destitution. Glasgow City Council Meeting 28 June Councilor Susan Aitken:

SSSC Policy. The Immigration Asylum and Nationality Act Guidelines for Schools

III.2 Model Written Statement November 2006

THE IMMIGRATION ACTS. Heard at Manchester Decision & Reasons Promulgated On 6 th February 2015 On 16 th February Before

WRITTEN STATEMENT UNDER THE MOBILE HOMES (WALES) ACT 2013

PUBLIC LAW PROJECT. Social Services Support for Destitute Migrant Families

Background Information

MIND THE GAP. Homelessness Amongst Newly Recognised Refugees. - May CIO no

TIER 2, TIER 4 AND TIER 5 OF THE POINTS BASED SYSTEM GUIDANCE FOR SPONSORS APPENDIX D KEEPING DOCUMENTS

Nowhere To Turn, Women s Aid NOWHERE TO TURN. Findings from the fi rst year of the No Woman Turned Away project

Meeting the needs of Somali residents

A Candidate s Guide to the NHS Employment Check Standards

Asylum Support Partnership response to Oversight of the Immigration Advice Sector consultation

TIER 2, TIER 4 AND TIER 5 OF THE POINTS BASED SYSTEM GUIDANCE FOR SPONSORS APPENDIX D KEEPING DOCUMENTS

These massive delays risk leaving some of the most vulnerable people destitute or threatened with street homelessness.

Immigration Act 2014 implementation as at September 2014 Guidance from the Race Equality Foundation and Equanomics-UK

Housing Act 1996, Part 7

Why Mann s solutions?

Sanctuary Scholarship

EPSIP CHALLENGE FUND CHILDCARE

We are a major legal educator in Scotland and run numerous seminars every month. We also produce various publications and run policy campaigns.

Making Further Submissions Advice to Legal Representatives 30 th October 2009

ACCOMMODATION APPLICATION FORM SECTION

Tier 2, Tier 4 and Tier 5 of the Points Based System Sponsor Guidance APPENDIX D - KEEPING DOCUMENTS

Submission to the APPG on Refugees inquiry Refugees Welcome?

Department for Work and Pensions Housing Benefit Reform Supported Housing October 2011

Community Fund research Issue 2 Refugees and asylum seekers in London: the impact of Community Fund grants

WRITTEN STATEMENT UNDER THE MOBILE HOMES ACT 1983 ENGLAND

Victims of Domestic Violence with No Recourse to Public Funds

SET(O) GUIDANCE NOTES Version 11/2008

Application Supporting Notes

An Applicant s Guide to Completing the CRB Application Form

Social Services Support for Destitute Migrant Families

Immigration Directorate Instruction Family Migration: Appendix FM Section 1.0a. Family Life (as a Partner or Parent): 5-Year Routes

UNITED KINGDOM ENTRY CLEARANCE (VISA) FOR ALL STUDENTS Instructions

WRITTEN STATEMENT UNDER THE CARAVANS ACT (NORTHERN IRELAND) 2011

While adapting to your new home you will have to fulfil several obligations, depending on your nationality, purpose and period of stay.

In order to get parole, you have to show the following things:

APPLYING FOR YOUR TIER 4 VISA PRE-SESSIONAL STUDENTS International Student Advice Team

Transcription:

Leave to remain with No Recourse to Public Funds A guide for immigration practitioners preparing a change of conditions application for people who are destitute January 2018

Who is this guidance for? You should use this guidance if: You are a registered immigration advisor accredited at OISC Level 1 or above Your client has limited leave to remain on the basis of their family or private life (except under the 5 year parent or partner route) With no recourse to public funds They are facing homelessness or very serious poverty They want to apply to the Home Office to get access to mainstream welfare benefits and social housing If you are the person with leave to remain and you are preparing this application yourself, please see our other guidance. NOTE: Advising or assisting on Change of Conditions applications constitutes regulated immigration advice. If you are not a registered immigration adviser accredited at OISC Level 1 or above it is a criminal offence to advise on these applications.

What is the NRPF condition? Most people with limited leave to remain have a no recourse to public funds or NRPF condition attached to their leave. This means that the holder of leave will not be able to access: Most welfare benefits Social housing and homelessness support from the local council A list of what counts as a public fund is found at Section 115 of the Immigration and Asylum Act 1999 and paragraph 6 of the Immigration Rules. It does not include education or NHS services and therefore the NRPF condition does not prevent people accessing these. It also does not include local authority support such as support under S.17 Children s Act 1989.

What is a change of conditions application? In certain circumstances it is possible to apply for the NRPF condition to be removed after leave is granted. This is known as a change of conditions application. This application can only be made after leave to remain has been granted. If successful, the NRPF condition will be removed for the length of the remaining leave, enabling the holder to access welfare benefits and housing assistance. There is no Home Office fee to pay, so applications are free to submit. There is no legal aid available for these applications.

Who can apply? A person can only apply for a change of conditions if they have already been granted leave to remain in the UK under one of the following categories: 1. As a partner or parent under paragraph EX.1 of Appendix FM (10 year route to settlement). This includes leave: o As a partner of a British or settled person o As a parent of a British child, or a child who has resided in the UK for at least 7 years 2. Private life (under paragraph 276 ADE of the Immigration Rules). This includes leave granted to persons: o Who have lived in the UK continuously for at least 20 years o To children (under 18) who have lived in the UK for at least 7 years and it would not be reasonable to expect them to leave the UK o To persons aged between 18 and 25 years old, who have lived in the UK for more than half their life 3. Outside the rules on the basis of exceptional circumstances relating to family or private life. NOTE: If a person has leave under Appendix FM other than under paragraph EX.1, applying for a change of conditions will alert to the Home Office to the fact that the person no longer meets the financial requirements and their leave may be curtailed.

What does the applicant need to show? The applicant will also need to show that one of the following circumstances applies in their case: Since being granted leave to remain their financial circumstances have changed and they: have become destitute; or there are now particularly compelling reasons relating to the welfare of a child on account of the parent s very low income; or there are now exceptional circumstances relating to their financial circumstances. Alternatively, the applicant may show that one of the above circumstances applied at the time that the leave to remain decision was made, but no evidence of this was submitted to the Home Office.

What is destitution? The Home Office uses the definition of destitution set out in s.95(3) of the Immigration and Asylum Act 1999: s.95(3). This provides that a person is destitute if: (a) he does not have adequate accommodation or any means of obtaining it (whether or not his other essential living needs are met); or (b) he has adequate accommodation or the means of obtaining it, but cannot meet his other essential living needs. It is not necessary for a person to be street homeless for their accommodation to be inadequate. What counts as adequate accommodation will be different in different cases, for example a person may have a disability and require adaptions to be made to their home. Accommodation or financial support provided under section 17 of the Children Act 1989 or the Care Act 2014 will not stop a person showing they are destitute, in fact it should help their case.

How to apply In order to request a change of conditions the applicant must provide the following: 1. A completed request for a change of conditions of leave granted on the basis of private or family life form. This can be downloaded from www.gov.uk; 2. Their existing Biometric Residence Card and Passport; 3. Documentary evidence that they meet the requirements of the policy granting recourse to public funds. The address to send the application to is on the form. The application should be sent by recorded delivery. Providing sufficient evidence that the requirements of the policy are met is key to preparing a successful change of conditions application. If insufficient evidence is provided, the Home Office will refuse to change the conditions of leave.

Witness Statement The applicant should provide a witness statement setting out the following information: 1. What their current financial circumstances are and how they are maintaining themselves and any dependents. They should list all sources of income and explain whether they are regular and can be relied on (e.g. friends, employment, child support) 2. If applicable, how and why their circumstances have changed (e.g. separation from partner, their friends are no longer able to support them, job loss) 3. If they are a single parent, whether they have sought/receive child maintenance from the other parent (if they don t get support, encourage them to contact Child Maintenance Options on 0800 988 0988. Explain this action in their statement or explain why it is not practical e.g. the other parent is not in UK or their identity is not known etc) 4. Their housing situation, and whether it is stable and adequate (e.g. they are living with friends and have been asked to leave, rent arrears, overcrowding, eviction, sofa surfing ) 5. If working part-time, explain why they cannot work longer hours (e.g. childcare, health problems) 6. If not working, explain why this is (e.g. very young children, illness or disability) 7. Steps taken to improve their situation and why they have not worked (e.g. job applications and outcomes, property searches and the outcome)

Evidence of Housing The applicant should include as many of the following documents as possible. Always use original documents: 1. Letter from local authority confirming any support provided under s.17 Children s Act 1989 2. A letter from any person providing accommodation explaining a. the arrangement (e.g. whether they pay rent or stay for free) b. where the person sleeps and if there is enough space c. the reason and date they need to leave (if applicable) 3. Letters from professionals confirming the housing situation (charities, GP, health visitor, school, church) and the impact this has on the family 4. Tenancy agreement 5. Rent account showing arrears 6. Notice to quit from landlord 7. Letters from court 8. Possession order from the court 9. Warrant from the court 10. of inadequate accommodation

Evidence of Income The applicant should provide as many of the following documents as possible. Always use original documents: 1. Most recent 6 months bank statements for all accounts in UK and abroad. These should be originals. If printouts are provided by the bank they must be certified as genuine by the bank on each page. Statements should be annotated with an explanation for all income and expenditure (alternatively this could be set out in a witness statement) 2. Award letters for any benefits received. If the applicant has been claiming benefits they are not entitled to, advise them close the claims before submitting the application and provide evidence that claims have been closed. 3. Letter confirming any child maintenance received or attempts to access child maintenance 4. Statements confirming any support from friends or family. These should be signed and dated and detail: a. Amount and type of support and whether it is regular or a one-off b. Whether it can continue or will stop (if stopping, explain when) c. Why they cannot do more (e.g. they cannot afford it) 5. Letter from the Local Authority confirming support under s.17 of the Children s Act 1989 (this should specify the date when support started and the amount of any subsistence received) 6. Letters from any professionals who are providing financial support or who can confirm the financial situation and the impact that it is having on the family (charities, GP, health visitor, school, church) 7. Proof of receipt of food bank vouchers.

Evidence of employment The applicant should include as many of the following original documents as possible: 1. Contract of employment 2. Most recent 6 months payslips for all jobs 3. P45 4. P60 5. If job-hunting, copies of applications and rejection letters Evidence of debts Depending on the applicant s circumstances this may include the following documents: 1. Credit card statements 2. Store card account statements 3. Correspondence from debt recovery agencies 4. Correspondence from utility providers or other companies regarding overdue payments 5. Warning or Final demand letters 6. A default notice or a letter before action 7. Court Orders

Evidence of expenses The applicant should include as many of the following original documents as possible: 1. Utility bills dated within last 6 months (e.g. gas, electricity, water) 2. Mobile phone contract/bills 3. If the person tops up their mobile phone or pays gas and electric on the meter, they should provide receipts 4. Evidence of payment of TV License 5. Estimated expenditure on food, toiletries and clothing (and receipts where possible) 6. Travel receipts (where a smartcard such as an Oyster is used, print the journey history) You should provide a table showing monthly income and expenditure. Source of income Amount Frequency Evidence Wages 280.00 Monthly Payslips, contact of employment and annotated bank statement Working Tax credit 201.57 2 weekly Benefit award letter and bank statement Sarah Smith (aunt) 150 Monthly Letter from Sarah Smith and bank statement Expenditure Amount Frequency Evidence Rent 400 Monthly Tenancy agreement and annotated bank statement Food 400 Monthly Estimated, see also annotated bank statements (approx.) Gas 63 Monthly Utility bill and annotated bank statement

Other evidence Include as many of the following as possible. 1. Medical evidence/evidence of any disabilities; 2. Evidence of domestic violence 3. Anything else which may help to demonstrate the applicant s circumstances And finally Remember that if successful the NRPF condition will only be removed for the duration of the period of leave to remain. If the applicant does not provide evidence that they are destitute at the time of their next immigration application for further leave, the NRPF condition will be imposed again. There is no right of appeal against a refusal to change conditions. The only option is to submit a new application with further evidence, or if it appears that refusal decision was unlawfully made, to apply for Judicial Review.