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No recourse to funds lapsed

Questions and discussions about claiming benefits while living and working in the UK

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Waswright
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No recourse to funds lapsed

Post by Waswright » Fri Mar 06, 2020 3:57 pm

Hi
We have a couple on JSA. The main claimant is English but wife is Turkish, she has been in the country since 2011. she was initially given no recourse to public funds, I understand this lasts for 5 years. How does this get changed, what do they have to do. They cannot afford the cost to apply for British citizenship.
thanks
Carole

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CR001
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Re: No recourse to funds lapsed

Post by CR001 » Fri Mar 06, 2020 4:04 pm

If she applies for Indefinite Leave to Remain (PR), then it would change as a person holding indefinite leave to remain is not subject to immigration control.

Unclear from your post on behalf of another, what the persons exact UK immigration history is. If she came in 2011 on a spouse visa, she is under the old 2 year route, which means she could have applied for indefinite leave to remain in 2013, provided she didn't change visa category.

British citizenship is only possible AFTER a person has indefinite leave to remain. British citizenship is also costs less than the indefinite leave to remain or spouse visa application.

If she for whatever reason, does not yet hold indefinite leave to remain after 9 years in the UK (which is unusual), then she has to write to HO and request to remove the public funds restriction, usually with evidence of exceptional compassionate type reasons, i.e. single mother to British child who is going to be destitute, for example.

Note that Turkish citizens can apply for certain benefits.
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Amber
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Re: No recourse to funds lapsed

Post by Amber » Fri Mar 06, 2020 6:03 pm

If the person has been granted leave under the Private Family life provision (Human Rights) they can have their restrictions removed from their BRP, on form NRPF10 available at - https://assets.publishing.service.gov.u ... NRPF10.pdf

The requirement is:

You may make this request in the following circumstances:

1. 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; or

2. 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
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