No recourse to public funds

Southhall Black Sisters protesting against the NRPF rule. [Image: Southhall Black Sisters.]

What is no recourse to public funds?

The policy restriction, which is usually attached to the visas or leave of some migrant status in the UK, basically means that the individuals and their families cannot access various types of public financial support and funds, afforded to UK citizens or other categories of individuals who are exempt.

The Government’s reasoning for imposing the restriction is that people who seek to enter or remain in the UK are financially independent and are not/ do not become a burden on the taxpayers.

What funds are classed as public ?

The following benefits are termed public funds:

• attendance allowance

• carers allowance

• child benefit

• child tax credit

• council tax benefit

• council tax reduction

• disability living allowance

• housing and homelessness assistance

• housing benefit

• income-based jobseeker’s allowance

• income related employment & support allowance – ESA (IR)

• income support

• personal independence payment

• severe disablement allowance

• social fund payment

• state pension credit

• universal credit

• working tax credit

What funds are not ‘public funds’?

The following are not classed as public funds, meaning that the funds can be accessed:

• NHS

• Compulsory education (covers school up until the age of 18 years old. Note that for universities, the individual may be subject to fees as an international student, not a home student).

• Contribution based Jobseeker’s Allowance

• Guardian’s allowance

• Incapacity Benefit

• Contribution-based Employment and Support Allowance (ESA)

• Maternity allowance

• Retirement pension

• Statutory maternity pay

• Statutory sickness pay

• Widow’s benefit and bereavement benefit

Who does it affect?

NRPF is placed on the following migrant visas/leave or status:

• Student visas

• Work visas

• Overstayers

• Visitors

• Migrants in the UK without leave

• Joining family in the UK

• Undocumented migrant workers

Who is exempt?

Various rules and exceptions apply for nationals from the following countries who may be eligible for the public funds, due to agreements these countries have with the UK:

• EEA (European Economic Area)

• Algeria

• Macedonia

• Morocco

• San Marino

• Tunisia

• Turkey

How can the restriction be removed ?

• If one obtains indefinite leave to remain.

• Migrants who are in the UK based on Article 8 of the European Convention on Human Rights - right to private and family life, the restriction is lifted due to changed circumstances. This is done by completing a ‘change in circumstances’ form provided by the Home Office if the individual/family can provide satisfactory evidence that without recourse to public funds, they would be rendered destitute or there are now particularly compelling reasons relating to the welfare of the child/children. If the application is accepted, the individual/family will be granted access to public funds. Notably, there is no payment fee.

So, what is the Government doing during this current pandemic?

The UK Government has put in place various measures to support families and individuals who are subject to the NRPF restriction:

• Rent protections

• Job Retention Scheme

• Self-Employed Income Support Scheme

• Facilities to assist the extremely vulnerable with access to shopping and medication

• Rent and mortgage holidays

• Statutory sick pay and contributory based employment and support allowances

• Extended eligibility for free school meals to some groups who have NRPF

• Basic safety net support from local authorities, regardless of immigration status. A genuine care need that solely does not derive from destitution should be established.

Need more information and access to free services ? Visit charities such as the Citizen’s Advice Bureau or The Unity Project.

If you need help with applications for your visas or immigration status, do not hesitate to contact us. We have an expert team here to help you.