No Recourse To Public Funds

What is new?

If you have NRPF, you cannot access ‘public funds’. A list of ‘public funds is here.

Some changes were made to the law in 2016 but the Home Office has not explained how these changes would work and when they will happen. For now, this means nothing has changed in practice.

One exception, especially in London, is that many local authorities now have Immigration Officers working in their offices. They may ask you to meet with them
if you ask the local authority for support. If you refused to meet with the local authority Immigration Enforcement Officer, this may be used against your application.

Below we explain how the rules work at the moment.

What is ‘No Recourse to Public Funds (NRPF)?

‘No Recourse to Public Funds’ is an immigration restriction applied to many thousands of people living in the UK, which prevents them from accessing welfare benefits and supports, such as Universal Credit.

The restriction applies to people from outside the European Economic Area (EEA) who:

  • Need leave to remain in the UK, but do not have it. This includes people who are undocumented or have overstayed their visas.
  • Have leave to remain, but have NRPF stamped on their Biometric Residence Permit.
  • Have leave to remain on a maintenance undertaking, which means that when you applied, someone agreed to pay for your expenses and accommodation. They are called a sponsor.
  • Are waiting for the outcome of an appeal.

When is help available for families with no recourse to public funds?

The law says that local councils must protect the welfare of ‘children in need’ in their area. Your child will almost certainly be ‘in need’ if:

  • Your family is homeless or
  • Your family does not have enough money to meet basic needs (for example, food and clothing)

Your local council may have a duty to provide your family with accommodation and/or financial support.

Local authorities cannot advise your family to return to your country of origin if there is a legal or practical barrier to your return (e.g. your family is waiting for the Home Office to make a decision on an application for leave to remain). You should seek legal advice and help before making an application if you can.

When is help available for individuals with no recourse to public funds?

If you are homeless and destitute and:

  • You are disabled, elderly or suffering
  • Your family does not have enough money to meet basic needs (for example, food and clothing)

You may be able to get limited help with housing and financial support from your local council. The law on this is complex and you should seek legal advice and help before making an application if you can.

Can I access any other support if I have NRPF?

You may still be able to access support that is not listed as a ‘public fund’, such as schooling, childcare, healthcare and free school meals.  The NRPF Network has really comprehensive info on your rights and entitlements.

Can I get the NRPF condition removed?

If you have Limited Leave to Remain in the UK and you have NRPF stamped on this leave to remain, you may be eligible to make an application for recourse to public funds. 

This is called a ‘Change of Conditions’ application. It is cost-free, and you do not need a lawyer in order to make it. 

Please note that you can usually only make the application if you have been given leave to remain on human rights grounds. For example, you cannot currently make the application if you do not have leave to remain, or if you are an asylum seeker.

The application form and guidance is here: https://www.gov.uk/government/publications/application-for-change-of-conditions-of-leave-to-allow-access-to-public-funds-if-your-circumstances-change

For more information and support

Project 17

www.project17.org.uk
Tel: 07963 509044

The Unity Project

https://www.unity-project.org.uk/

Making a Change of Conditions application:
https://www.unity-project.org.uk/makeanapplication

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