Leave to remain with NRPF (change of conditions)

People who are granted leave to enter or remain in the UK for a limited period will usually be subject to a 'No Recourse to Public Funds' (NRPF) condition. This includes people on temporary routes, such as a student or visitor, as well as those who are joining family members on settlement routes.

The Home Office can grant people on certain immigration routes access to public funds and can also lift the NRPF condition to allow access to public funds when a person applies for a change of conditions.

The Home Office guidance, Access to public funds within family, private life and Hong Kong British National Overseas (BNO) routes, sets out the circumstances when the NRPF condition will not be imposed and access to public funds will be granted. This is sometimes referred to as the 'NRPF policy'.

Additional guidance for people on different immigration routes is set out in the Home Office Public funds: caseworker guidance.

Leave to remain applications

A person who is applying for leave to remain on one of the following routes can be granted access to public funds in certain circumstances:

Partner or parent under Appendix FM (5-year or 10-year settlement routes)
Appendix Private life

Access to public funds will be granted when one of the following applies:

The applicant is destitute
The applicant is at risk of imminent destitution (are unlikely to continue to meet their accommodation and living costs after 3 months)
There are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition
The applicant is facing exceptional circumstances affecting their income or expenditure

A request to access public funds, which is supported by evidence, will need to be made as part of the leave to remain application. A person who is re-applying for further leave on one of these routes and previously had access to public funds would need to demonstrate why they still require access to public funds when they apply for further leave to remain.

Change of conditions application

The change of conditions process enables people who have leave to remain with a NRPF condition to gain access to public funds in certain circumstances. This is an option for people whose circumstances have changed since they were granted leave to remain, such as separating from a partner or becoming too unwell to work.

A change of conditions can be applied for by a person who has any type of leave to remain that is subject to a NRPF condition. However, the qualifying requirements are slightly different depending on the immigration route the person is on.

Partner or Parent under Appendix FM, or Appendix Private life

Access to public funds will be granted when one of the following applies:

The applicant is destitute
The applicant is at risk of imminent destitution (are unlikely to continue to meet their accommodation and living costs after 3 months)
There are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition
The applicant is facing exceptional circumstances affecting their income or expenditure

Hong Kong British National (Overseas) - BN(O) - status holder or family member

Access to public funds will be granted when one of the following applies:

The applicant is destitute
The applicant is at risk of imminent destitution (are unlikely to continue to meet their accommodation and living costs after 3 months)
There are particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income
The applicant is facing exceptional financial circumstances relating to a very low income

Other types of leave

The Home Office will also consider a change of conditions application made by a person who has any other type of leave to remain with a NRPF condition, such as student leave. In such cases, the Home Office will consider whether the person can be expected to return to their country of origin.

The Public funds: caseworker guidance states:

"In considering whether to lift (or not impose) a NRPF condition on someone present in the UK there is a wide discretion which requires all relevant matters to be taken into account. In particular:

in any application involving a child the best interests of that child must be considered as a primary, although not the only consideration - Section 55 guidance
where an applicant, or their dependant children, cannot reasonably be expected to return to their home country NRPF must be lifted if it is established that they are destitute, or at imminent risk of destitution or there are other particularly compelling reasons relating to the welfare of the child or other matters
where an applicant, or their dependant children, can reasonably be expected to return to their home country the expectation is that they should do so - particularly compelling circumstances will need to be established to require the NRPF condition to be lifted

"If the reason the person states they cannot return to their country of nationality amounts to a protection or human rights claim, the claim itself should not be considered. Instead, the individual should be encouraged to make an appropriate application based on their primary reason for wanting to stay in the UK, such as a protection claim or family life application, so their circumstances can be properly considered."

How to apply

The change of conditions application is free and can be made online. For more details, see the Home Office information about applying for a change of conditions.

However, it is recommended that a person obtains legal advice from an immigration adviser for help with making a change of conditions application.

Getting legal advice is particularly important for a person who does not currently have leave to remain on a family, private life, or Hong Kong BN(O) route, as there may be some risks that they need to consider before making a change of conditions application.

It is also important that a person with a dependant visa who has separated from their partner gets legal advice, as they may need to make a new leave to remain application.

Where to get help with an application

An immigration adviser can provide advice and assist with a change of conditions application (OISC level 1 or above), although it can be difficult to find free legal advice. Find an immigration adviser.

The Unity Project has produced guidance to help applicants who need to apply by themselves and, in some cases, may be able to provide advice and assistance with an application.

Hong Kong BN(O) visa holders can get information about local immigration advisers from their regional Hong Kong Welcome Hub, hosted by the Strategic Migration Partnerships.

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