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Destitute?
Some people with NRPF, if they can demonstrate that they are currently destitute or at imminent risk of becoming destitute, can have the NRPF restriction lifted.

NOTE this only applies to:

  • A partner or parent under Appendix FM under the 10-year route to settlement, or

  • Someone allowed Limited Leave to Remain under the “Private life” category under paragraphs 276BE(1) or 276DG of the Immigration Rules, or

  • Someone allowed Limited Leave to Remain outside the Private Life rules on Article 8 grounds under paragraph 276BE(2), or

  • A person who has been granted leave to remain as a partner or parent under the 5-year settlement route. 

    But note that there are implications for someone in this position: the Home Office have advised people in this category, if their application is 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”. 

It is best if people seek advice from a registered immigration adviser to check they meet the criteria and to make the application – especially if they are in the fourth category.

What are the criteria for having NRPF lifted?

  • The person has provided satisfactory evidence that there are particularly compelling reasons relating to the welfare of a child on account of the parent’s very low income,​ or
  • The person has established exceptional circumstances relating to their financial circumstances, or
  • The person has provided satisfactory evidence that they are destitute, or
  • That the person has provided satisfactory evidence of being at imminent risk of destitution*.

* Added to list in June 2020 following a court case - click here.

What is Destitution?

Under section 95 of the Immigration and Asylum Act 1999 a person is destitute if: 

  • They (and any dependents) do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met) 
  • They (and any dependents) have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs.
  • In considering whether accommodation is adequate, no account can be taken of:
  • The fact that the person has no enforceable right to occupy the accommodation or
  • The fact that they share the accommodation, or any part of it, with another person or persons or
  • The fact that the accommodation is temporary or
  • The location of the accommodation.

The Home Office guidance makes it clear that their decision maker must consider a number of factors including disability, age, needs and number of dependents, and the part of the UK the applicant lives in.

How does someone apply to have the NRPF condition lifted?

If someone wants their NRPF lifted they can make a Change of Conditions application to the Home Office – click here. But note that only certain people can apply (see above) and it is best to get help from a registered immigration adviser – list from gov.uk here.

Evidence of destitution or imminent risk of destitution

The onus is on an applicant to provide all of the information and evidence that they are destitute or at risk of becoming destitute imminently without recourse to public funds.

This can include evidence of being homeless in the recent past, or having been evicted.

The decision maker can ask for further evidence only if the case would otherwise be refused or rejected without it.

Where a person has been getting support from the Local Authority, eg from Social Services,  then the Home Office decision maker should accept the LA has already considered them to be destitute.
But if the LA has refused support this doesn’t mean the decision maker has to accept the LA’s decision – they should do their own assessment.

 






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