This briefing follows a webinar we hosted in January 2026 for advisors working with Change of Conditions (CoC) applications for people on Skilled Worker, Student and Graduate visas, as well as any other visa that’s outside the British National (Overseas), family or private life routes and should be read alongside our related summary article for FreeMovement here.
Many individuals in this cohort, as well as organisations seeking second-tier advice for this group, frequently contact us seeking guidance and support on CoC applications.
Following the 2023 High Court judgment in PA & Anor v Secretary of State for the Home Department, the Home Office formally recognised its discretion to lift the “No Recourse to Public Funds” (NRPF) condition for individuals on Student and Skilled Worker visas allowing them access to public funds. Despite this legal shift, practical access remains extremely limited.
Key takeaways:
- Successes are unfortunately rare. Few CoC applications succeed for these groups unless the applicant also has another application at the same time for leave on a different basis (such as family or private life).
- There is a high threshold for discretion. The Home Office requires “particularly compelling circumstances” to lift NRPF for these routes, and has indicated such cases will be “rare”.
- There is a risk of visa cancellation. Applicants who are unable to support themselves may be expected to leave the UK, and unsuccessful applications can be referred to the Status Review Unit (SRU) for potential visa cancellation.
- Procedural barriers remain significant. Applications can take over 18 months and usually entail requests for further information and initial refusals.
The comprehensive and detailed briefing, including case examples from TUP and other legal organisations, can be accessed here. Please note that the information in this briefing may become outdated as policies in this area are subject to change.