Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to the judgment of the High Court in R (AB and Another) v Secretary of State for the Home Department [2022] EWHC 1524, in particular paragraph 54 of that judgement, whether she plans to take steps to ensure that the position of a British child is examined and their best interests ascertained before the condition of no recourse to public funds is imposed on their parent’s grant of limited leave to remain; and if she will make a statement.

The Home Office has considered the judgment of the High Court in R (AB and Another) v Secretary of State for the Home Department [2022] EWHC 1524. We are in the process of making changes to the online guidance to comply with the judgement and it will be updated in Autumn 2022.

Additionally, Gen.1.11A of Appendix FM to the Immigration Rules was laid in Parliament on 15 March 2022 and came into force on 20 June 2022. This states that certain types of leave will normally be granted subject to a condition of no recourse to public funds, unless the applicant has provided the decision-maker with evidence that:

(a) the applicant is destitute as defined in section 95 of the Immigration and Asylum Act 1999, or is at risk of imminent destitution

(b) there are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition (treating the best interests of a relevant child as a primary consideration).