Confused of what is the way forward. This woman was granted limited leave to remain (30 months) on the 10-year route as partner of a British citizen under Appendix FM with no recourse to public funds. However, the relationship has broken down completely and the British citizen partner has moved out. What does this mean to her current leave? Is it still valid or does she has to apply to vary her leave?
They have two children who live with her. They are all British citizens. They were getting tax credits and child benefits though her British partner, but since he has moved out, she can’t claim any benefits/tax credits because she has no recourse to public funds.
She works but she is struggling and the father does provide maintenance funds, but not really enough due to him also being on low income. Although she has adequate accommodation, she cannot meet her other essential living needs to being on low income. I would think that in imposing no recourse to public fund on her, the Home Office expected her British partner to support her because he has recourse to any public.
Assuming that despite the relationship breakdown, her current leave is still valid, would she be able to apply for the no recourse to public fund to be lifted on her leave on the basis that since being granted leave to remain her financial circumstances have changed due to relationship breakdown or there are now particularly compelling reasons relating to the welfare of the children on account of her very low income, or there are now exceptional circumstances in her case relating to her financial circumstances?
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