Guides:

Destitution cases (section 95 or section 4 support)

In destitution cases, the Tribunal often ask for extra evidence about the following topics:

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Bank statements:

The Judge may want to see bank statements for a specific time period and bank account. It can be for a bank account you have in the UK or abroad (outside the UK).

Common time periods include:

  • the last 6 months until now
  • when you applied for your UK visa
  • when you arrived in the UK

Bank statement credits/debits: the Judge may want a written explanation for money going into and out of your bank account(s). It helps to explain who paid in or received money, and what this money was for. If someone has given money to help you in the past, try to get a signed and dated letter which explains why they cannot help you now.

Evidence from your Bank: If you cannot get bank statements, the Judge may want to see a letter/email from your bank which explains why the bank cannot give them to you. Even if your bank will not give you statements, it is still useful to show you have asked for them. Or, if there is a reason why you cannot contact your bank, you must explain this to the Judge and send any evidence you have which shows why. 

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Housing:

The Judge may ask you to write a chronology of where you have stayed, since arriving in the UK. This means a list of addresses that is in order of date.

If you paid to stay in a hotel, or paid rent, explain how you paid for this. Send the Judge any payment receipts and/or tenancy agreement as evidence of your payments.

If you were given free accommodation by the council, a charity or family/friends, try to get signed & dated letters from people who helped you. A letter should explain:

  • what the accommodation was like (eg how many rooms, number of people living there, where you slept)
  • when you stayed there
  • if they also gave you food and toiletries
  • why you had to leave
  • why they cannot help you now

If you are still living in free accommodation, try to get a letter covering the same points, but also why you need to leave there now (or within the next 2 weeks).

If you own a house outside the UK, the Judge may want more information about this. The Judge needs to decide if you can sell this house and use the money to pay for your food and housing in the UK. Explain the reason(s) which stop you selling this house in the next 14 days. You should also send the Judge any documents, emails or letters which help explain your reason(s).

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Essential living costs:

The Judge may want a written explanation of how you have got food and toiletries (eg soap, shampoo, toothpaste) since arriving in the UK.

If you paid for food and toiletries with your own money, provide receipts as proof of payment. If you used money in your bank account, or paid with a bank card, highlight these payments on your bank statements.

If family/friends or a charity has given you food and toiletries, try to get a signed & dated letter which explains:

  • how they have helped you
  • for how long
  • why they cannot help you now

If you have found it difficult to get food or toiletries, you can describe your experiences to the Judge.

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UK visa application:

If you arrive in the UK with a travel visa and then ask for section 95 support, the Judge may want a written explanation and evidence of why you cannot use money declared in your visa application. The information that the Judge wants will depend on what was in your visa application. But a Judge often wants to know:  

  • how much money you had when arriving in the UK & how this has been spent
     
  • when & why you stopped working before coming to the UK
     
  • how much you were paid for work
     
  • how money showing in your bank account at the time of your visa application has been spent
     
  • why you cannot now sell any assets (eg housing, land or company shares) listed in your visa application
     
  • when and how you paid for travel tickets to the UK

Some ideas for how to answer these points include:

  • shopping receipts
     
  • travel ticket receipts
     
  • proof that you cannot use your bank account now
     
  • bank statements with a description of money going in and out
     
  • signed and dated letters from family, friends and your old job to confirm your financial situation before coming to the UK.

If you never had access to money or assets declared in your visa application, send as much evidence of your true financial situation before coming to the UK as you can.

 

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