Source · Select Committees · Work and Pensions Committee

Recommendation 15

15 Paragraph: 53

We recommend that people on the 5 year route to leave to remain are not...

Recommendation
We recommend that people on the 5 year route to leave to remain are not moved onto the 10 year route following a successful application for a change of conditions, even if they are still accessing public funds when they apply for settlement. We further recommend that the Home Office urgently updates its website with guidance on this policy change.
Paragraph Reference: 53
Government Response Acknowledged
HM Government Acknowledged
The Home Office has suspended the practice of moving an applicant that has received recourse to public funds following a change of conditions application off the five-year route to settlement at the point a decision is made. Whether the applicant is able to stay on this route will be assessed at their next application for leave to remain. Should they still require access to public funds at this point then they will no longer be meeting the requirements of that route and would be expected to complete the 10-year period. The ability for an applicant to be able to support themselves without recourse to public funds is a key strand of the government’s NRPF policy. The content of the website is currently being reviewed.