10-year route as partner: Relationship breakdown

[Mata]

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?

[Obie]

She may apply for the restrictions to be removed, and depending on the circumstances, it may be lifted.

[Mata]

She may apply for the restrictions to be removed, and depending on the circumstances, it may be lifted.

Thanks. So that mean she won't need to apply for a new leave as a parent of British child?

[Mata]

She may apply for the restrictions to be removed, and depending on the circumstances, it may be lifted.

Obie,

I was just researching around this issue and came across with "Request for a change of conditions of leave granted on the basis of family or private life" on the Eligibility for requesting an amendment to the conditions of leave (https://www.gov.uk/government/uploads/s ... NRPF10.pdf).

It says that the request to remove the restriction to public fund "is restricted to an amendment to your conditions of leave only. You may not request any other type of reconsideration using this process. If
your family circumstances have changed, for example your relationship with your partner has broken down and that is the reason that you have become destitute, you should submit a new FLR (FP) application for leave to remain, and apply for a fee waiver if you cannot afford to pay the application fee."

Does this seem to suggest that she will have to submit a new FLR (FP) application for leave to remain probably under the parent route rather than applying for requesting an amendment to the conditions of leave?

Thanks