Form

Guidance on applying to change your permission

Updated 10 January 2024

Eligibility

You’re eligible under the Immigration Rules to apply to change the conditions attached to your permission if you have permission granted on the basis of your family or private life or if you hold a British National (Overseas) visa.

If you have permission in another category, you can apply on discretionary grounds to change the conditions attached to your permission. If your application to change the conditions attached to your permission is refused, consideration may be given as to whether you continue to meet the requirements of the route for which your permission was granted and whether that permission should be cancelled. If your permission is cancelled, you may be required to leave the UK.

You can apply online for a change to your conditions if you meet the criteria for one of the following scenarios.

You have an outstanding application for permission to stay

You can apply within the Immigration Rules for access to public funds if:

• you had permission granted on the basis of your family or private life or as a British National (Overseas) visa holder when you made your application
• you have not yet received a decision
• you are in urgent need of access to public funds
• you are destitute or at imminent risk of destitution
• there are reasons relating to a child’s welfare which mean you need access to public funds, or
• you are facing exceptional circumstances affecting your income or expenditure

You can also apply on discretionary grounds if you meet the above criteria and have leave under another immigration route and there are particularly compelling circumstances which mean you need to access public funds.

You already have permission to be in the UK

You can apply within the Immigration Rules for access to public funds if:

• you have permission granted on the basis of your family or private life or as a British National (Overseas) visa holder
• you are destitute or you are at imminent risk of destitution
• there are reasons relating to a child’s welfare which mean you need access to public funds, or
• you are facing exceptional circumstances affecting your income or expenditure

You can also apply on discretionary grounds if you meet the above criteria and have leave under another immigration route and there are particularly compelling circumstances which mean you need to access public funds.

Evidence you should provide

To make the request to change the conditions attached to your permission you must:

• complete your application online
• provide your existing Biometric Residence Permit (BRP), or your digital immigration status (where relevant), or passport (including your permission to stay vignette where relevant)
• include documentary evidence showing that you meet the criteria for being granted access to public funds

It is up to you to provide sufficient evidence to satisfy the caseworker that you meet the criteria. If insufficient evidence is provided, the conditions attached to your permission will not normally be changed.

You should provide evidence of your financial circumstances and living arrangements. This should include documents that are applicable to your individual circumstances which could include the following:

• 6 months bank statements for all accounts held by all members of your household, even those belonging to children or ones that are rarely used - these should include an explanation of any significant and/or regular transactions
• recent pay slips accounting for the last 6 months
• breakdown of monthly income and expenditure
• recent tenancy agreement or mortgage statement
• recent utility and other relevant bills
• recent P45 / P60
• letter confirming duration of employment, hours worked and salary (the person writing should state their position in the company and provide contact details)
• recent letter from a local authority confirming that support is being provided
• recent letter from registered charity or other organisation providing support
• recent letters from family or friends who are providing support, giving full details regarding the extent of this and how often it is provided
• recent letter confirming that you or your spouse or partner is in receipt of public funds

You’ll need to explain what your current financial circumstances are, how these may have changed, and how you’re currently maintaining yourself.

If you have permission granted other than on the basis of your family or private life or as a British National (Overseas) visa holder you will need to provide evidence to show that there are particularly compelling circumstances which mean you need to access public funds.

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.

If you successfully apply to change the conditions attached to your BNO visa, it will not affect your ability to apply for settlement through the BNO route after 5 years of living in the UK.

If you are granted recourse to public funds on a discretionary basis you will remain within the same immigration route as when you were granted permission. Your circumstances will be reassessed when you apply for further permission and, to remain on that route, you will need to meet all requirements of the relevant rules at the time you apply, including any financial requirements.

Further information

Definition of destitution

A person is destitute if:

• they do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met)
• they have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs
• they are at risk of destitution if either or both of the above are imminent

Child’s welfare

When assessing whether there are reasons relating to a child’s welfare which mean you need access to public funds, we will look at the evidence provided and consider whether your income is enough to meet your child’s needs. We will also assess how being unable to access public funds is affecting your child’s wellbeing and whether they are being deprived of something of recognised benefit normal for a child.

Exceptional circumstances

When assessing whether you are facing exceptional circumstances affecting your income or expenditure, we will consider whether you have provided compelling evidence that there is something exceptional about your financial circumstances which means you need to access public funds, even though you are not destitute or at risk of imminent destitution and there are no child welfare reasons for allowing you to access public funds. Cases which meet this threshold are likely to be rare.

Biometric residence permits (BRP)

If you meet the requirements to change the conditions attached to your permission to allow you to apply for public funds, we may send you a letter giving information about enrolling your biometric information. You would need to do this at a Service and Support Centre (SSC) for which you may qualify for travel assistance.

Timeframe for assessing the request

No service standards apply to the assessment of whether you qualify to change the conditions attached to your permission. Caseworkers will make reasonable efforts to decide your request promptly, especially if it involves a child or you are street homeless, disabled or otherwise in vulnerable circumstances.

Get help to apply online

You can get help with completing the online form if you:

• do not feel confident using a computer or mobile device
• do not have internet access

You can only use this service if you’re currently in the UK.

You cannot get immigration advice through this service.