09 Oct Home Office unlawfully refused to grant recourse to public funds to destitute mother
On 6 October 2023 the High Court declared that the Home Office can remove the NRPF condition from leave to remain that has been granted other than on the family route (e.g. student visas)
Earlier this year the Home Office refused to consider lifting the ‘No Recourse to Public Funds’ condition from our client’s leave to remain as the erstwhile dependent of a student, claiming they could not do so because of the type of leave to remain she had. With the help of The Unity Project and Project 17 she challenged that decision, and on 6 October 2023 the High Court declared that the Home Office had been wrong to consider that it could not remove the condition from this type of leave.
The judgment can be found here. At paragraph 20 the judge rightly highlighted the excellent work of The Unity Project and Project 17, without whom this case would not have been possible. Appended to the judgment is a new policy produced by the Home Office on the day of trial, detailing the circumstances in which applications to be permitted recourse to public funds will be granted if people have leave other than on the family, private life or Hong Kong British National (Overseas) routes.