Legal change
We seek lasting policy change by engaging with Home Office officials and MPs, and through strategic litigation when it’s necessary.
We’ve supported several major legal challenges to the NRPF policy, after the Home Office unlawfully denied people access to public funds.
The resulting judgements have not only granted individuals recourse to public funds, but also forced through changes in the immigration rules and policy guidance. In the context of the overall NRPF policy, each change has been small, but together they have significantly impacted the Change of Conditions process.
Timeline of legal changes
2024 CoC process found unlawful as no “adequate system in place to reduce, to a reasonable and proportionate minimum, the risk of inhuman and degrading treatment.”
2024 The Court of Appeal stated that processing times of two to four months are too long for applicants facing destitution.
2023 The High Court declared that the Home Office can remove the NRPF condition from a wide range of visas.
2023 The High Court found that by focusing on destitution, the Home Office failed to adequately consider exceptional circumstances and disability.
2022 The Home Office again found in breach of its legal duty to consider children’s welfare rather than focusing primarily on destitution.
2021 The High Court found the immigration rules and guidance unlawful as they failed to safeguard and promote the welfare of children.
2020 Operation of the NRPF policy found to be unlawful in not allowing people to apply for recourse to public funds prior to destitution.
2019 The Home Office conceded as part of a legal settlement that the policy should be reviewed in line with the Public Sector Equality Duty.
Timeline of legal changes
2024 CoC process found unlawful as no “adequate system in place to reduce, to a reasonable and proportionate minimum, the risk of inhuman and degrading treatment.”
2024 The Court of Appeal stated that processing times of two to four months are too long for applicants facing destitution.
2023 The High Court declared that the Home Office can remove the NRPF condition from a wide range of visas.
2023 The High Court found that by focusing on destitution, the Home Office failed to adequately consider exceptional circumstances and disability.
2022 The Home Office again found in breach of its legal duty to consider children’s welfare rather than focusing primarily on destitution.
2021 The High Court found the immigration rules and guidance unlawful as they failed to safeguard and promote the welfare of children.
2020 Operation of the NRPF policy found to be unlawful in not allowing people to apply for recourse to public funds prior to destitution.
2019 The Home Office conceded as part of a legal settlement that the policy should be reviewed in line with the Public Sector Equality Duty.