No recourse to public funds (NRPF) condition in UK visa
If you have permission to enter or stay in the UK, it may include a no recourse to public funds (NRPF) condition. The NRPF condition means you will NOT be able to claim most benefits, tax credits or housing assistance that are paid by the state.Those who do not have immigration permission to be in the UK and require it, will also be subject to the no recourse to public funds.
For immigration purposes, benefits and services classed as public funds are set out in section 115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules: Immigration and Asylum Act 1999 (legislation.gov.uk) and https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction#intro6
There are other benefits which are not classed as a public fund and access to those is not dependent on immigration status. People with no recourse to public funds (NRPF) who have paid the necessary National Insurance contributions or have relevant periods of employment or self-employment can claim contributory benefits and statutory payments such as new style Jobseekers Allowance, statutory sick pay and state pension. People wishing to access these services will, however, still need to demonstrate that they meet the relevant eligibility criteria.See section ‘Contributory benefits and Statutory payments’ further below.
At Thaxted Legal we underline to clients the importance to remain compliant with the conditions of your visa. Before claiming any public funds migrants who are subject to the NRPF condition must first apply to the Home Office to remove (‘lift’) the condition.
General rule no recourse to public funds
The expectation of the UK Government is that in general migrants coming to the UK should be able to maintain and accommodate themselves without recourse to public funds. Indefinite permission to stay is the point at which most migrants become eligible to access public funds. Those seeking to establish their life in the UK are generally expected to maintain and support themselves and their families without posing a burden on the UK’s welfare system.
Most migrants must demonstrate that they can financially support themselves and their dependants when applying for permission to enter or stay in the UK. For this reason, the majority of temporary migrants are granted permission subject to a condition that they cannot access public funds: no recourse to public funds (NRPF). As already mentioned above, those here without lawful status are also subject to NRPF.
Who can apply to lift no recourse to public funds (NRPF) condition
Those with permission to stay granted under a family or private life route, or the Hong Kong British National (Overseas) route can apply to have their NRPF condition lifted by making a ‘change of conditions’ application. The NRPF condition will be lifted on these routes:
• if they are destitute or at risk of imminent destitution (see assessing destitution)
• there are reasons relating to the welfare of a relevant child which outweigh the considerations for imposing or maintaining the condition (treating the best interests of a relevant child as a primary consideration
• the applicant is facing exceptional circumstances affecting their income or expenditure
The current rates for public funds (benefits) can be checked online. Those are the benefits that can only be claimed after the NRPF condition is lifted by Home Office.
Contributory benefits and statutory payments
Public funds do not include benefits that are based on National Insurance contributions. National Insurance is paid in the same way as income tax and is based on earnings. People with no recourse to public funds who have paid the necessary National Insurance contributions or have relevant periods of employment or self-employment can claim contributory benefits and statutory payments.
The following benefits and statutory payments are not considered public funds for immigration purposes:
- New-Style Jobseeker’s Allowance
- Guardian’s Allowance (if in receipt of Child Benefit)
- New Style Employment and Support Allowance (ESA)
- Maternity Allowance
- State Pension
- Statutory Sick Pay
- Bereavement Support Payment
- Industrial Injuries Disablement Benefit
- Statutory parental payments (Statutory Maternity Pay, Statutory Paternity Pay, Statutory Adoption Pay, Statutory Shared Parental Pay and Statutory Parental Bereavement Pay)
More detailed information on public funds can be found in the Public funds guidance document.
