Legally Aware: NRPF restriction
The “no recourse to public funds”(NRPF) is a condition that restricts accessing certain public funds. This condition is placed on people with limited leave grants, usually those on a spousal visa, student visa, asylum seekers, overseas students, work permit holders, visitors and some other types of limited leave to remain.
Why was this restriction placed?
This restriction stems from the general policy that “those seeking to establish their family life in the UK must do so on a basis that prevents burdens on the taxpayer and promotes integration”. For example, if you’re on a spousal visa, your partner is expected to support you financially for your first 5 years in the UK. Section 115 of the Immigration and Asylum Act 1999 states that a person will have ‘no recourse to public funds’ if they are ‘subject to immigration control’.
So what funds are not restricted?
Start by checking what’s included in public funds
Funds from local council: NRPF individuals could still assistance from their local authorities for a range of services including education and social care.
Funds from work: NRPF individuals on a work visa, who’ve been furloughed can receive furlough pay as this isn’t seen as public funds
Funds for children: Those restricted by NRPF could still claim child benefit. Check here. Your child might be able to get free school meals. This is because the government has extended free school meals during the coronavirus pandemic.
Funds for students: Students who are restricted from public funds, may apply for Student Support. Student Support is not considered as one of the ‘public funds’, as defined in paragraph 6 of the Immigration Rules. For more information visit UKCISA
Benefits or services you could apply for regardless of the restriction:
- bereavement benefits
- contribution-based Jobseeker’s Allowance (JSA)
- NHS treatment — but you may have paid a fee for this when you applied to stay in the UK (this is called the ‘immigration health surcharge’)
- state-funded schools
- State Pension
- statutory maternity pay
Can you appeal the NRPR restriction?
If you are affected by ‘No Recourse to Public Funds’ (NRPF), you can make an application to remove the restriction. By making a ‘change of conditions’ application if there has been a change in their financial circumstances.
Eligibility:
- the applicant is destitute
- there are “particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income”
- There is an exceptional circumstance such as domestic abuse
Applications can be made online through govt.uk. Applicants can also access phone support to complete their application.
What supports are available?
You should get immigration advice before completing the application form on GOV.UK.
Rights of Women can provide free legal advice
The Unity Project provides support to people with ‘No Recourse to Public Funds’ (NRPF):
Citizens Advice can help those who need support claiming benefits or using services in the UK.
More information on the NRPF condition can be found on the NRPF Network
