Legal News

The No Recourse to Public Funds (NRPF) condition is a critical component of the UK’s immigration framework, impacting many migrants who enter the country.

When applied to an individual's visa, it restricts access to vital public benefits such as Universal Credit, Housing Benefit, and Child Benefit. This can create financial hardship for migrants who find themselves unable to access support during times of need.

Reforms to the NRPF Policy

Recent discussions have been reported regarding reforms to the NRPF policy. While these changes are yet to be confirmed, several key proposals are being considered:

• Allowing guardians to apply for a change of conditions on behalf of children, regardless of the parents' visa status
• Granting access to public funds for individuals on work visas in shortage occupation lists
• Developing emergency support policies for all NRPF holders
• Reforming visa renewal processes to reduce fees or extend renewal periods
• Ensuring that central government funding supports local authorities in meeting the needs of NRPF individuals

If implemented, these reforms could bring significant benefits such as: greater fairness for children who are or could be British citizens, reducing pressure on local authorities so they can focus on other needs, increasing fairness for those who have restrictions of low income, and improving social support for vulnerable migrants.

Benefits of the NRPF Policy

The NRPF policy, while restrictive, aims to achieve several key objectives:

• By limiting access to public funds, the policy helps ease the financial strain on taxpayers.
• It motivates migrants to become financially self-sufficient and to support themselves and their families through employment or private means.
• Ensures that migrants who are entering the UK are solely entering for the purpose of work, studying etc, rather than of relying on state support

Disadvantages of the NRPF Policy

However, despite the advantages, there can be severe drawbacks:

• This condition has put many migrants at risk of destitution and poverty. This condition has severely impacted those who have entered the United Kingdom on a work visa with the condition of a reduced minimum income requirement- such as skilled workers who have entered the United Kingdom on the basis of shortage of skills.
• Those who have a limited income and NRPF are at risk of destitution and poverty, as statistics show that thousands are struggling to survive in the current economy and cost of living crisis. Migrants who are excluded from receiving public funds may struggle with basis living needs. This can lead to heightened levels of poverty and homelessness.
• Local Authorities may face increased pressure due to the high volume of migrants requiring support and places such as homeless shelters may find it difficult to cope.
• Mental health- Migrants may feel like they are not being supported in their difficult times which could have a negative impact on their mental health

How Can Duncan Lewis Solicitors Assist?

Migrants can apply for a ‘change of conditions’ granting them recourse to public funds. A successful application requires evidence of destitution, child welfare concerns or exceptional financial circumstances.

The change of conditions process enables people who have leave to remain with a NRPF condition to gain access to public funds in certain circumstances. This is an option for people whose circumstances have changed since they were granted leave to remain. For example, as person may lose access to funds or employment if they separate from a partner, become too unwell to work, or take on caring responsibilities. 

Duncan Lewis Solicitors can provide expert legal assistance with these applications, helping migrants navigate the process of requesting a change of conditions. However, eligibility for public funds will depend on the individual's specific visa route and personal circumstances.

About the author: Amrita Sandhu is caseworker with extensive experience representing clients in many areas of immigration law, advising on areas which incorporate applications under the points-based system; citizenship; bail applications; removal cases; nationality matters; long residence; and leave to enter and remain applications under the immigration rules.

Contact her for advice via email at amritas@duncanlewis.com or via telephone on 020 7275 2825

Amrita works under Solicitor/Supervisor Amrit Raindi who is expert in all matters relating to business and private immigration.