Migrants

(asked on 12th May 2021) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, what plans she has to change Rule GEN 1.11A of the Immigration Rules, in response to the decision in R (ST and VW) v SSHD [2021] EWHC 1085 (Admin) that the no recourse to public funds policy is unlawful.


Answered by
Chris Philp Portrait
Chris Philp
Minister of State (Home Office)
This question was answered on 17th May 2021

The policy of No Recourse to Public Funds has been upheld by successive governments and maintains that those seeking to establish their family life in the UK must do so on a basis that prevents burdens on the taxpayer and promotes integration.

In the case of ST vs SSHD the High Court dismissed five of the six grounds raised by the claimant challenging the lawfulness of the policy. We are currently reflecting on the judgment in relation to our child welfare responsibilities.

People with leave under family and human rights routes can already apply, free of charge, to have the no recourse to public funds condition lifted.

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