What Does No Recourse to Public Funds Mean?
As London Immigration Solicitors we come across the phrase ‘no recourse to public funds’ in almost every visa application we assist with.
In this blog, our Immigration Lawyers explain what no recourse to public funds means when it is attached as a condition of your visa.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
No recourse to public funds
When you are given leave to enter the UK after a successful Student Visa, Family Visa, Work Visa or Business Visa application your permission normally comes with a Home Office imposed condition – no access to public funds.
The visas subject to the condition of no recourse to public funds are listed in the Home Office Public Funds Guidance. The list includes the Student Visa, Graduate Visa, Skilled Worker Visa, Health and Care Worker Visa, Innovator Founder Visa, Global Business Mobility Visa and Family Visa. However, with the Family Visa, the immigration rules allow the NRPF condition to be removed in limited circumstances.
No recourse to public funds means you can't claim some types of state benefits or other state assistance. Some people think the phrase also means they can't get medical help from the NHS or educate their children in UK state education but it does not mean that.
As the Home Office applies the no recourse to public funds conditions to most visas there is generally a need to evidence that you meet a minimum income threshold to qualify for a visa or to show that you meet a visa-specific maintenance requirement or accommodation requirement. If you are unsure what threshold or requirement applies to your visa application our specialist Immigration Solicitors in London can help you.
Excluded from benefits, tax credits and help with housing
You cannot apply for most state benefits if you have an NRPF condition on your visa. You also can't apply for working or child tax credits whatever your financial circumstances or income. Nor can you get help from a local authority with housing or get financial help to pay your rent with housing benefits.
Some benefits are claimable if the benefits are based on national insurance contributions and you qualify based on your NI contributions. Our Immigration Solicitors emphasise that the rules are complicated so it is worth checking your eligibility.
Help if you are a refugee or protected person
If you are a refugee or have humanitarian protection or a pending application you may be able to access some state support.
Some other people subject to UK immigration control can get some state help so it is best to ask if you are uncertain if you qualify. For example, if you are in the UK on a Spouse Visa and leave your relationship because of domestic abuse and successfully apply to use the Home Office domestic violence concession you are entitled to help and you can apply for some benefits during the concession.
Removing the NRPF condition
With some entry clearance routes, you can apply to remove the no recourse to public funds condition by making an application to the Home Office for a change in circumstances.
The application can be made if you are in the UK with permission to stay granted under a family or private life route or, for example, the Hong Kong British National (Overseas) route.
The Home Office will remove the condition if it is satisfied that:
- The applicant is destitute or at risk of imminent destitution
- The welfare of a relevant child outweighs the reasons for the no recourse to public funds condition
- The applicant has exceptional circumstances that impact their income or expenses
In most other grants of visa, the NRPF condition won't be removed even if you meet one of the above criteria. However, the law (Section 3(1)(c)(ii) of the 1971 Immigration Act) says the Secretary of State can exercise discretion to vary the conditions on a visa, including the NRPF condition, after considering factors such as:
- In an application involving a child as the child’s interests are a primary consideration – but not the child’s interests are not the only factor
- Where an applicant or their children cannot reasonably be expected to return to their home country and they are either destitute or at imminent risk of destitution or there are other compelling reasons relating to the welfare of the children or other matters that justify removing the NRPF condition
No recourse to public funds and NHS treatment
The condition ‘no recourse to public funds’ does not mean you can't get NHS treatment if you are in the UK on a visa.
NHS treatment is not included in the NRPF definition. Most visa holders will have paid to use the NHS by paying the immigration health surcharge at the date of their visa application or be excluded from payment. For example, Health and Care Worker Visa applicants and their dependents do not need to pay the immigration health surcharge. You may need to pay for NHS treatment on a private basis if you have not paid the immigration health surcharge and are not exempt from payment. For example, if you are in the UK on a six-month Visitor Visa.
Settlement and no recourse to public funds
If you apply for Indefinite Leave to Remain and get ILR status you are no longer subject to immigration control. That means the visa condition that you cannot access public funds stops and you can claim any benefits and assistance you qualify for. In addition, once you obtain Indefinite Leave to Remain you will no longer have to pay the immigration health surcharge to access free NHS treatment.
Do you have questions about your visa conditions?
Our Immigration Solicitors are always happy to answer your immigration questions on visa conditions as it is vital that if you secure a visa or a visa extension through our Immigration Lawyers in London you understand and follow the conditions. If you don’t then you risk:
- Having your visa curtailed and being asked to leave the UK
- Having your immigration recorded noted as being in breach of the immigration rules – making it harder to either secure an extension to your current visa, switch to a different visa or qualify for Indefinite Leave to Remain. If you leave the UK, you may find that any further visa application made from overseas is refused
If you are in any doubt about the meaning of your immigration status or your visa conditions, we recommend asking your Immigration Solicitors for advice. You should not assume that because you do something and it is allowed by a third party it is compliant with the immigration rules.
For example:
- If you are an international student in the UK on a Student Visa your visa conditions only allow you to work part-time. If an employer offers you full-time work, they will be breaching the illegal working legislation and you will be in breach of your visa condition that limits you to part-time employment. This breach of your visa condition could affect your ability to get another visa or to stay in the UK even though it was the employer who offered you the extra work
- If you are in the UK on a Spouse Visa and your relationship has ended you must tell the Home Office if your separation from your partner is permanent. The fact that your sponsoring partner has not told the Home Office about your separation does not mean that you can ignore the immigration rules. If you take specialist immigration legal advice on your duty to report your separation your Immigration Lawyer may advise you that you can switch from a Family Visa to a Work Visa or that you will qualify for Indefinite Leave to Remain using the domestic violence concession because you ended the relationship because of domestic abuse
Understanding the meaning of phrases such as no recourse to public funds or your visa conditions is a crucial part of your journey if you want to successfully apply to settle in the UK and secure Indefinite Leave to Remain and British citizenship.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi.
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