+ How can I make a Change of Conditions application?

There are three main parts to the application:

1. Application form
2. Evidence
3. Cover letter (optional)

There are more details on each of these below.

+ 1: The ‘Change of Conditions' application form

The application form and additional up-to-date guidance is here: https://www.gov.uk/government/publications/application-for-change-of-conditions-of-leave-to-allow-access-to-public-funds-if-your-circumstances-change

You cannot see the answers in advance, and they depend on your input. Here is an example of a completed form for a fictional applicant.

We have made a short video to show you how to start the form - you can watch this here.

The form opens text boxes where you can write extra information. They are generally very small. If you cannot fit everything in the text boxes, you can just write ‘see cover letter’ and write your explanations in a separate cover letter. You will also need to send in evidence.

+ 2: Evidence

When you have completed the application, you will be given a list of evidence to submit.

Here is a list to help you to decide what other evidence might be useful in your case.

Please note, it may not all be relevant in your case and you should submit the application even if you do not have the requested evidence. You should explain why you cannot provide this evidence in the application.

You will be asked to submit bank statements for every account you have. The transactions need to be explained. You can do this in Section 3 of the form, or in the cover letter.

You will receive instructions about how to submit evidence when you have completed the online form. You should keep a list of all the evidence that you have submitted and keep scans/photos of all the evidence that you have submitted. If you post the evidence, send it by recorded delivery so that you know it’s arrived. If you send emails, include your Home Office reference number on any email that you submit with the application.

+ 3: Covering letter (optional)

This is optional. It is simply to give you the chance to explain anything that you didn’t have room to explain in the application form. This can simply be one page with the title ‘cover letter’. You can use headings like 'housing', 'health', 'family', etc to structure the letter. Contact us if you would like to see our template. If you decide to write a cover letter, you can submit this along with your evidence.

+ What is a Change of Conditions application?

A ‘Change of Conditions’ application is an application to the Home Office to request recourse to public funds. You can apply here.

+ Who is eligible to make a Change of Conditions application?

Eligibility depends on (a) immigration status (what type of leave to remain you have) and (b) your financial or housing situation. See below for more details.

+ What kind of immigration status do you need to have to make a Change of Conditions application?

You can make the ‘Change of Conditions’ application if you have one of the following types of leave to remain:

1. As a partner or parent under Appendix FM.
2. Because of your private life under Appendix PL. This is usually due to long residence in the UK.
3. Outside the immigration rules because of exceptional circumstances, often relating to family and private life

You can also make a CoC application if you if you are 'a Hong Kong BN(O) status holder or a family member of a BN(O) status holder'.

You can check what kind of leave you have by looking at the Home Office letter granting your leave to remain. If you still aren’t sure, you should check with an immigration adviser.

You should seek advice if you have a different type of leave to remain to the above, as this may prevent you from making the application.

+ I am on the '5-year route to settlement' - can I make a 'Change of Conditions' application?

The Change of Conditions (CoC) webpage states:

‘If your request is successful. Your conditions of stay will be amended to allow you to receive public funds. You can only change the conditions attached to your permission with this request. If you currently have permission to stay under the 5 year partner or parent route and you are granted access to public funds, you will remain on the 5 year route.

Your circumstances will be reassessed when you apply for further permission and, to remain on the 5 year route, you will need to meet all requirements of the relevant rules at the time you apply, including any financial requirements.’

See: https://www.gov.uk/government/publications/application-for-change-of-conditions-of-leave-to-allow-access-to-public-funds-if-your-circumstances-change/guidance-on-applying-to-change-your-permission

We would be glad to discuss this with you in full detail, and support and advise you.

+ For what reasons can I make a ‘Change of Conditions’ application?

The Home Office provides the following reasons for applying for recourse to public funds. It might be that more than one of these reasons is relevant for you, or only one of them.

1. You are ‘destitute’
2. There are reasons why you need access to public funds relating to the welfare of a child
3. There are ‘exceptional circumstances’ relating to your financial situation (e.g. a health condition, etc)
4. You are ‘at risk’ of becoming destitute

+ What does ‘destitute’/‘destitution’ mean?

The Home Office says you are ‘destitute’ if either:

1. You have no access to ‘adequate accommodation’, and/ or
2. You do not have enough money to meet your ‘essential living needs’.

You do not have to meet both parts of this definition to be ‘destitute’. The Home Office provides only very limited guidance about what ‘adequate’ and ‘essential’ could mean, but they should consider your reasoning if you explain and evidence why you think that either is true in your case. The Home Office should consider your individual circumstances, so it’s very important that you provide as much information as possible.

NOTE: Accommodation or financial support provided by your council under section 17 of the Children Act 1989 or the Care Act 2014 will not stop you showing you are destitute. In fact, it should help your case.

+ What are ‘exceptional circumstances’?

Usually, it is not necessary to focus on this in the application, but if you think that the other reasons for making a Change of Conditions application are not relevant for you, but you require recourse to public funds, please contact us so that we can advise.

+ What does it mean to be ‘at risk’ of destitution?

The Home Office also uses the phrase ‘likely to become destitute’ - this should mean that you can now also apply before the problems begin. As with other parts of the application, the Home Office should consider your reasons if you explain and evidence them. We might, for example, argue that anyone in precarious employment is ‘likely to become destitute’, or anyone who has a health condition that means they might have to stop work suddenly, or anyone who is pregnant. We would encourage you to think how this might be true for you, and contact us to discuss.

You can apply if you think you are likely to face financial difficulties and need access to public funds in the near future, even if you don’t need them right now.

You might be interested to know that this reason was added after part of the NRPF policy was ruled unlawful after an 8-year-old boy whose mum had NRPF took the government to court.

+ I am making this application on behalf of someone else - is that allowed?

Immigration advice is regulated work. Advising on ‘Change of Conditions’ applications constitutes ‘immigration advice’. If you are not a registered immigration adviser it is therefore a criminal offence to advise on these applications.

+ How much does the application cost?

The application is free.

+ Do I need a lawyer?

No - you can make the application without a lawyer.

+ What happens if the application is successful?

If the application is successful, you will be able to apply for all welfare benefits and housing assistance for the remaining period of your current leave.

+ What happens if the application is refused?

If the application is unsuccessful, it is a good idea to seek advice from an immigration advisor about what to do next. You may be able to make a new ‘Change of Conditions’ application. Alternatively, you may be able to challenge the Home Office’s decision through a process called Administrative Review or Judicial Review.

+ Further support

• If you can’t download the guide or template letter, or if you have difficulties, please contact us for help.
• There is a list of other organisations that might be able to help here.
• If you need additional support with a different issue (e.g. with housing problems), click here.
• For more detailed resources and guidance about NRPF, you can also visit the NRPF Network website here.
• For information about support you can access whilst you have NRPF, you can refer to our guide here (you can also contact us for an updated version).
• Please share our flyer about the support we can offer, you can find it here or here.

+ What should I include in my application?

You need to explain why you need access to public funds and you need to provide as much information and evidence as possible.

In most cases, this will involve talking about your family, housing, employment, health and finances.

Whenever you state something, you should try to say what evidence you are providing to back up what you are saying, e.g. ‘I have serious back pain that stops me from working - see enclosed letter from my GP’.

+ Explaining about your family

You should explain about your children and how the situation is affecting them.

You will usually also need to explain about their other parent(s) and your current partner (if applicable) to explain why they are not supporting you, or not supporting you enough. The Home Office may expect you to have tried your hardest to get the parent(s) of your children to support you. This is clearly not always possible, but if so you need to explain why this is not possible.

+ Explaining about your housing

If your accommodation is inadequate and/or you can’t afford it, you need to explain this and give evidence.

+ What is ‘inadequate accommodation’?

Your accommodation might be inadequate because it is overcrowded. This could mean that there are too many people living in one room or one property.

Your accommodation might also be inadequate if there are problems with the accommodation itself, for example if the accommodation does not have suitable provisions for your disability, or if there are issues with mold or vermin. Again, you should describe this in as much detail as possible.

It might also be that your accommodation is adequate, but you cannot afford it. In this case, you should explain how much you owe in rent arrears and/or when did you last pay the rent. If you have been asked to leave the accommodation, you should explain this and give evidence if possible.

+ Explaining about your employment

You need to explain how much you are earning from your work and explain why this is not enough.

If you are not working, or you are only able to work part-time, you should explain why you can’t work more hours. This might be for reasons like childcare, heath, inability to find work, etc. If this is the case, you should try to give evidence.

If you are working too much, and this is having a damaging effect on your mental health, or physical health, or children, you can explain this and give this as a reason for needing recourse to public funds.

+ Explaining about your health

If you have any medical condition which affects your life and ability to work, you need to explain what it is, how it affects you and give evidence of this.

You should also explain about your children’s health.

+ Explaining about your finances

You usually need to provide bank statements covering 6 months from all your bank accounts. This includes any of your children’s accounts and any accounts that you don’t currently use.

You need to explain the bank statements fully to explain all the money that is coming into the account and any unusual money going out of the accounts. Some transactions are obvious (e.g. payments to TFL are for travel, or payments in supermarkets are for groceries), but it is best to try to explain all transactions possible to avoid confusion.

Explain anything unusual that comes into or leaves any of your bank accounts (e.g. money received from friends, friends using your account, large purchases, etc). Applications can be refused if there is not enough explanation and evidence of major and regular transactions shown in your bank accounts.

We can give you more resources to help with this if you would like.

If somebody has given you money, and the Home Office ask you to provide a support letter, you can use the template here. You should only need to provide a support letter for major and regular transactions.