Rights of EU and EEA citizens in need of financial assistance - | Hudson McKenzie

Rights of EU and EEA citizens in need of financial assistance

If individuals have already been granted leave but their financial circumstances change, they may be eligible to apply for access to public funding from the UK government. This can be done by completing an online application requesting for a change of conditions to their leave.

Individuals are advised to complete a change of conditions application if:

  • Their financial circumstances have changed significantly since being granted leave to remain. This includes individuals becoming destitute or at high risk of destitution, having valid reasoning associated with the welfare of their dependants from their low income or there are exceptional circumstances directly related to individuals’ financial affairs
  • They were destitute or at high risk of destitution, had valid reasoning associated with the welfare of their dependants from their low income or suffered from exceptional circumstances related to their financial affairs during the time their applications were in the process of being determined and they failed to provide evidence of this but now wish to do so.

Eligibility

To apply for a change of conditions, individuals must already leave to remain on the following grounds:

  • Under either the 10-year partner, parent or private life route and the applicant claims that refusal of their application of leave to remain would breach their rights under ECHR Article 8 (the right to respect for private and family life)
  • Under another ECHR right

You may also be eligible to apply if you have leave to remain under the 5-year partner/parent route.

To qualify for a change of conditions to an individual’s leave terms, individuals must be:

  • Destitute or at imminent risk of becoming destitute

An individual is considered destitute if they are in the following set of circumstances:

  1. They do not have basic accommodation or means of being provided with basic accommodation or
  2. they have basic accommodation and means of obtaining it but they are unable to meet basic living standards or
  3. they are at significant risk of destitution if the above scenarios are imminent prospects for them in the foreseeable future.
  • In exceptional circumstances that are directly related to their financial affairs
  • Have particularly good reasons solely associated with the welfare of their dependant(s)

Evidence

To complete this application, individuals must provide the following documentation:

  • A valid Biometric Residence Permit (BRP) or passport (including a Leave to Remain vignette if required)
  • Documentation which verifies you meet the eligibility criteria for being granted access to public funding.

Individuals are also heavily advised to provide documentary evidence of their current financial circumstances and how they have changed. Examples of documentary evidence include:

  • 6 months bank statements for all accounts, including their family members. Individuals should be able justify all transactions made
  • 6 months’ worth of payslips
  • P45 and P60s
  • Evidence of monthly income and expenditure, including utility and other bills, mortgage payments etc
  • Evidence of employment and hours worked, e.g employment contract or a letter from their employer
  • Confirmation from their Local Authority that financial support is being provided already

Should you have any queries regarding the above information or if you require legal assistance with your visa application and would like to switch visa categories, please get in touch with a legal professional at Hudson McKenzie via email at londoninfo@hudsonmckenzie.com or by telephone +44(0)20 3318 5794.

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