Table Of Contents:
- What is No Recourse to Public Funds
- Who does the ‘No Recourse to Public Funds Condition’ apply to
- Couple with Mixed Status
- Children and NRPF
- Summary
Benefits and services that are classed as public funds are, for immigration purposes, set out in the Immigration and Asylum Act 1999 and Immigration Rules. A few examples of these benefits and services include the following:
- Housing Benefit
- Attendance allowance,
- Severe disablement allowance,
- Carer’s allowance and disability living allowance
- Universal Credit
- Personal Independence Payment
- State Pension
- Maternity Allowance
- Bereavement Support Payment, etc.
In general, foreign nationals coming to the UK on visas are expected to be able to maintain and accommodate themselves and their families without recourse to public funds (NRPF). This means migrants should be able to live in the UK without posing a burden on the UK’s welfare system.
For this reason, the majority of temporary migrants are granted limited leave to enter or stay in the UK, subject to the condition of no recourse to public funds.
What is No Recourse to Public Funds?
NRPF or No Recourse to Public Funds condition means migrants with temporary permission to enter or remain (with human rights exceptions) who are subject to immigration control may not access public funds to maintain and accommodate themselves and their families in the UK. The NRPF condition applies to people who are subject to ‘immigration control’ restricting their right to access a range of welfare benefits and other forms of public assistance. This means under the NRPF condition, you cannot claim most benefits, tax credits, or housing assistance paid by the state.
The NRPF condition is now mandatory for migrants in the UK on most types of visas. For example, a Skilled Worker visa or Student visa. Also, people illegally in the UK or seeking asylum here are usually ineligible for social housing and UK welfare benefits. This is referred to as having ‘no recourse to public funds’ condition, and this applies to millions of temporary migrants in the UK.
Those without permission to be in the UK and who require it will also have no recourse to public funds.
Who does the ‘No Recourse to Public Funds Condition’ apply to?
No recourse to public funds condition will apply to a person when they are ‘subject to immigration control’. Such a person cannot claim public funds (benefits and housing assistance) unless an exception applies.
A person will usually be subject to a UK immigration control under the Immigration and Asylum Act 1999, Section 115(9) if they have one of the following types of immigration status:
1. Permission to enter or stay, which has a ‘No Recourse to Public Funds’ Condition
- imposed with an NRPF condition when they have been issued permission to enter or stay for a temporary purpose, such as to visit, work, or study.
An NRPF condition can also be imposed when a person has leave to enter or leave to remain on one of the following routes of settlement
- Family route, including the non-UK nationals applying as the spouses or civil partners of British citizens or individuals who are present and settled in the UK, and the parents of children who are either British or have lived in the UK for seven years
- Private life
- Hong Kong British National (Overseas)
- UK Ancestry
Additionally, some people who normally would be subject to a no recourse to public funds condition may avoid it being imposed on them, or they can make a ‘change of conditions’ application to get their no recourse to public funds condition lifted if they are either destitute or at risk of imminent destitution.
2. Permission to enter or stay that is Subject to a Maintenance Undertaking
A person who has leave to enter or remain in the UK that is subject to a maintenance undertaking will usually be subject to immigration control. This applies when a person in the UK sponsors a person’s immigration application and signs an agreement to provide that person with financial support and accommodation whilst they are in the UK.
3. Permission to enter or stay as a result of a Pending Immigration Appeal
An individual will have leave to enter or leave to remain as a result of a pending decision from a tribunal on their immigration appeal, and when they have section 3C leave because they are appealing against a Home Office’s refusal decision of leave to remain.
4. No Permission to enter or remain when they are required to have this
A person will be subject to immigration control if they need to obtain leave to enter or remain to live in the UK but do not have this.
This includes people seeking asylum and those who are without lawful status in the UK.
Couple with Mixed Status
NRPF applies to individuals. However, the rules are complicated and can vary from benefit to benefit for couples with mixed UK immigration status (where one partner is subject to immigration control but the other is not).
In the case of Universal Credit, for example, even though couples must make a joint claim, if one of the partners has NRPF, the award will be calculated on the basis of the standard allowance for a single person (although if the other partner with NRPF condition has income and/or capital of their own, this is taken into account).
As the Universal Credit award does not include an extra amount for the NRPF partner, it does not breach the public funds condition. But where an award includes the housing costs or the childcare element, in certain situations, a claim for Univer Credit could potentially breach the public funds condition.
Couples with mixed immigration status are advised to get an immigration specialist’s advice if they have concerns about the implications of making a Universal Credit claim, or for any other benefit.
Children and NRPF
Most child-related benefits are typically paid to the parents or parent, or legal guardian. Eligibility is therefore not based on the immigration status of the child; it is instead based on the adult’s immigration status as the main applicant. If a child-related public fund is claimed by a relevant adult to which they are not entitled, the adult would be considered in breach of their no recourse to public funds condition, not the child.
For Disability Living Allowance and Child Disability Payment, on the other hand, the child is the main applicant and therefore the child’s immigration status is used to determine the eligibility. If a child breaches their NRPF condition when they were under the age of 18, there would not be any impact on their future immigration applications.
Summary
Migrants in the UK with limited leave to enter or remain visas (with human rights exceptions), illegally present or seeking asylum, are usually ineligible for welfare benefits and social housing. This is referred to as having NRPF (No Recourse to Public Funds).
A person who is ‘subject to immigration control’ will typically have no recourse to public funds. This is known as the NRPF or no recourse to public funds condition, which is a standard part of the UK immigration rules for certain visa routes, such as work visas, study visas, and some UK family visas, intended to ensure that migrants can support themselves and their family members financially in the UK without becoming a burden on public resources.
It is crucial to check the specific NRPF rules for your visa and consult with an agency or the relevant department, or a charity like Citizens Advice, to understand if you can claim housing assistance or any benefits (such as welfare benefits, child-related benefits, disability benefits).
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