Immigration and change of conditions

Application fees increased in April 2024:

• LLR is £1,048
• ILR is £2,885
• British registration for a child is £1214, although fee waivers are now available

The immigration health surcharge is currently £1035 per year, which for a 30 month period of leave is £3105, as of April 2024.

It is possible to apply to the Home Office to remove the NRPF condition from a person’s leave to remain. If the application is successful and you meet the other relevant eligibility criteria, you will be able to access all welfare benefits and housing assistance for the remaining period of your leave. You can apply for a CoC if you have permission to stay on the basis of your family or private life or hold a British National (Overseas) (BNO) visa. You may also be able to apply if you have another type of visa but this is more complex (see below).

You will need to demonstrate that you are destitute or at risk of becoming destitute. Alternatively, you can demonstrate there are reasons related to the welfare of your child(ren) or other exceptional circumstances affecting their income or expenditure (e.g. a disability or health condition). 

There is no fee to make this application and many people decide to submit the application independently. Please note, there is also no legal aid available, and it can be difficult to find solicitors able to help with the application. Supporting people to make these applications constitutes immigration advice. As such, it is an activity regulated by the Office of Immigration Services Commissioner and should only be undertaken by registered immigration advisers.

In 2024, following a court judgement in 2023 (PA & Anor, R (on the application of) v Secretary of State for the Home Department [2023] EWHC 2476) the Home Office updated its guidance to clarify that people with any type of visa may be able to apply for a CoC.  The updated guidance states, however, that there must be “particularly compelling circumstances” for a change of conditions to be granted for those on other visas (e.g. a student/ skilled worker/ graduate visa) and makes clear that there is a risk of visa cancellation in these cases. You can contact The Unity Project for further advice.

The Unity Project assists people to make change of conditions applications. More information and guidance for individuals is available here.

Government guidance and further information:

• CoC application webpage - this includes a link to the application form and some guidance notes)
• Detailed policy guidance - ‘Access to public funds within family, private life and Hong Kong BN(O) routes’

Working with immigration solicitors at Southwark Law Centre, we have created guidance for individuals and advisers wishing to make these applications.  You can download these below. 

• Download Guidance for Individuals
• Download Guidance for Advisers 

What is the MVDAC?

The Migrant Victims of Domestic Abuse Concession (MVDAC) enables some survivors to access public funds for a three-month period. Some survivors will be able to apply for ILR during this period—under the domestic violence rule (see below)—and some will not.

The MVDAC lasts for three months and replaces the applicant’s previous leave. During this three-month period, the person can access public funds (e.g. make a homelessness application or go into a refuge; apply for Universal Credit etc).

In early 2024, the Home Office expanded the scope of the Concession to include survivors of domestic abuse who have, or last had, a visa as the dependent partner of a worker or student. Previously the concession was only available to survivors who had leave to remain as a partner/spouse. The scope of the MVDAC has also been widened to include survivors of domestic abuse that have status under the EUSS (pre-settled status as the spouse, civil partner or unmarried partner of an EU citizen/British citizen who sponsored them under the EUSS). The new MVDAC allows applicants to include their dependent children in the application.

While the MVDAC will grant a three months visa to dependents of workers/students enabling them to access benefits/housing assistance for this time, they will not be eligible to apply for settlement as a victim of domestic abuse under the domestic violence rule.

Project 17 does have some concerns regarding the extension of the MVDAC—namely that survivors who are dependents on student/work visas will likely be asked to leave the UK after having accessed three months of public funds, because they will not be able to apply for ILR under the DV rule. You can read more about it here: rightsofwomen.org.uk/get-advice/immigration-asylum-law-information/

The Domestic Violence Rule

The domestic violence rule (rule 289A of the Immigration Rules) applies in the following circumstances:

• A person is admitted to the UK, or given an extension of stay as a spouse/civil partner/unmarried partner/same sex partner of a British citizen or someone present and settled in the UK (NRPF is a condition of these visas) and
• The relationship was subsisting at the time the visa was issued; and
• The relationship permanently breaks down as a result of domestic violence (note that the government’s definition of domestic abuse includes coercive and controlling behaviour, and economic abuse)

If the person meets the above conditions, they may qualify for indefinite leave to remain (rule 289B of the Immigration Rules).

NB: The domestic violence rule only applies to those on partner visas and not those on other types of visas. The justification given for this is that the partner visa can lead to indefinite leave to remain, whereas the other routes are temporary and migrants are therefore expected to leave when their visa expires.

If the applicant does not apply for ILR under the domestic violence rule during this three-month period (either because they are not eligible to do so, or because they are eligible but don’t apply for another reason), the leave will come to an end and they will have no leave to remain.

If an eligible applicant submits an application for ILR during the three-month period, the conditions of the MVDAC continue until the Home Office has made a decision on the ILR application (see section 3C of the Immigration Act 1971).

The MVDAC and local authority support

Survivors of domestic violence may need time to access immigration advice about their eligibility to make a MVDAC application. Although the MVDAC will enable applicants to claim welfare benefits and access social housing, it may take a few days or weeks for the application to be processed. The Home Office target for processing MVDAC applications is five days.

While a potential MVDAC applicant is seeking immigration advice, submitting an application, and awaiting a decision, the local authority may have a duty to support the applicant and any children under section 17 of the Children Act 1989. The usual assessment criteria apply when accessing this support.

Support may include:

• Temporary housing until the MVDAC application has been processed and the applicant is able to make a homelessness application or access a refuge.
• Financial support until the applicant is in receipt of benefits. This may take longer than simply receiving the MVDAC leave to remain as benefit applications can take a long time to process, particularly as the person will not have claimed benefits before. Delays are especially likely if the claimant needs to apply for a National Insurance number.

Survivors of domestic violence with NRPF who are not in the UK on the basis of a partner visa (and therefore are ineligible for applying for ILR after being granted the MVDAC) may be able to access financial or other support from charities including Southall Black Sisters (London), the Angelou Centre (Newcastle) and Safety4Sisters (Manchester), which operate specific services for women with NRPF who have experienced domestic abuse. Southall Black Sisters have a ‘No Recourse Fund’ which can contribute to rent and subsistence for a limited time. It is a ‘last resort’ fund which means that all other entitlements to cover rent and subsistence must be pursued, including where relevant, the MVDAC and social services support. You can contact Southall Black Sisters directly to find out about criteria for eligibility and how to apply.