Kevin Foster MP confirms suspension of policy in Parliamentary answer
As highlighted last week by the Unity Project on Twitter, the Home Office has suspended its policy of moving people from the 5-year route to settlement to the 10-year route to settlement if they make a change of conditions application and receive recourse to public funds.
Image credit: UK GovernmentFree Movement and Deighton Pierce Glynn (DPG) also reported on the suspension this week.
Stephen Timms, the MP for East Ham, last week asked the Home Secretary whether the policy had been suspended and, if so, whether the Home Office's online guidance would be updated to reflect the change.
Kevin Foster, the Parliamentary Under Secretary of State (Minister for Future Borders and Immigration), answered on 10 February and confirmed the policy had been suspended pending a review.
Foster said: "We are currently reviewing the policy whereby an applicant on the family route who submits a change of conditions application and receives recourse to public funds is then required to complete 10 years on the family route in order to qualify for settlement.
"Pending this review we have currently suspended the process of automatically requiring an applicant to complete 10 years on the family route following the lifting of 'no recourse to public funds' conditions, and will instead review their situation in line with the Immigration Rules at their next application for leave to remain. We are considering if changes to the online guidance are required."
DPG welcomed what it called a major concession from the Home Office on the 'no recourse to public funds' (NRPF) policy. "This is a very welcome development that gives hope to many in dire situations," DPG said.
DPG added that it had successfully challenged the policy on behalf of several of its clients with the help of The 36 Group's Ben Amunwa.
The Joint Council for the Welfare of Immigrants (JCWI) also welcomed news of the suspension and said on Twitter on Monday: "Great to see this sensible change of course from the Home Office. People who are making the UK their home must be able to access support if they need it, without being punished for it."
The NRPF Network has more information on the policy here and it notes that the Home Office's page about applying for a change of conditions has yet to be updated and currently explains: "You can also be eligible to apply if you have leave to remain under the 5 year partner/parent route. If you're 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."
DPG commented yesterday: "At the time of writing the Home Office still hasn't changed the information on its website or its Change of Conditions application form, which continues to wrongly warn people that they will be switched to the 10 year route if they have the NRPF condition lifted. We hope that will be corrected without further delay so that applicants are provided with accurate information."
The Unity Project noted on Twitter that anyone on the 5-year route to settlement who needs to make a change of conditions application can contact the project for advice.