Temporary visa holders in UK can get benefits under special circumstances

January 11, 2024
The High Court of Britain has given a landmark judgment in the matter of receiving government financial benefits for people on work permits, care visas and student visas in the United Kingdom. All these non-settled visa holders have no access to public funds written in the visa conditions and visa biometric card, but in urgent circumstances or to ensure the overall safety of a child, they can go outside of those conditions and receive government financial benefits. In view of the court's verdict, the country's home office has published guidelines on the matter yesterday, January 10. The guidelines state that, in exceptional circumstances, the Home Office will review and find out whether the applicant meets the visa requirements or not. Persons on a temporary visa must return to their home country if they do not comply with the conditions of the visa. However, this facility will be applicable only to the applicant if he/she is subject to special circumstances or unforeseen circumstances. Care, work permit or student visa holders can take government benefits after expiry, if the applicant can prove his special situation or circumstances. However, to prevent the misuse of this application opportunity, the Home Office can apply the power to cancel the visa if someone gives false information or intentionally wants to take benefits. In special or exigent circumstances, in the event of loss of income or impairment, the child's safety is in question only in those areas they can apply. A person on a temporary visa can apply for benefits while the application for a new visa or visa extension is pending at the Home Office. Earlier, the Home Office had given guidelines for taking benefits in special circumstances arising even in the case of a person on a spouse visa. However, when applying for a new visa or visa extension in their criteria, the applicant must fulfill the conditions of the visa prevailing at that time. The Home Office will only consider this condition on appropriate evidence in exceptional circumstances. In this matter, Md Iqbal Hossain, the barrister of Chancery Solicitors in London, said that this benefit can be taken only in special and urgent circumstances. This is not for everyone.