No Recourse to Public Funds (NRPF) Support

No Recourse to Public Funds (NRPF) is a restriction that appears as a condition on the Biometric Residence Permit (BRP) or on the immigration decision letter for most people with limited leave to remain in the UK. It means that while you are in the UK on that visa, you cannot access the specified public funds listed in Schedule 3 of the Immigration Act 1971.

NRPF applies to most visa categories, including:

• Skilled Worker visas and other work routes
• Family visas (spouse/partner, parent of a British child)
• Student visas
• BN(O) visas
• Visitor visas (though visitors generally would not be in the UK long enough for benefits to be relevant)

NRPF does not apply to people with Indefinite Leave to Remain (ILR), British citizens, refugees, people granted humanitarian protection, or people whose leave is subject to a different condition. EEA nationals who were in the UK before 31 December 2020 and have settled status under the EU Settlement Scheme do not have NRPF. Pre-settled status holders have NRPF for most benefits but may be entitled to some universal credit in limited circumstances following recent court rulings.

The list of "public funds" for NRPF purposes is defined in the Immigration Rules. If you have NRPF, you cannot claim any of the following:

• Universal Credit
• Child Benefit and Child Tax Credit
• Working Tax Credit
• Housing Benefit
• Council Tax Reduction (Council Tax Benefit)
• Local Housing Allowance
• Social Fund payments (Sure Start Maternity Grant, Funeral Payment, Cold Weather Payment, Winter Fuel Payment)
• Attendance Allowance, Disability Living Allowance (DLA), and Personal Independence Payment (PIP)
• Carer's Allowance
• Income Support and income-related Employment and Support Allowance (ESA)
• Homelessness assistance (Part VII Housing Act 1996) and social housing allocation (Part VI Housing Act 1985)

Crucially, there are important services that are NOT classified as public funds and which NRPF people can access: NHS services (with some exceptions), state education for children, contributory benefits (such as Jobseeker's Allowance if you have sufficient National Insurance contributions), and statutory employment rights (including sick pay, maternity/paternity pay, and minimum wage).

It is possible to apply to the Home Office to have the NRPF condition removed from your leave — known as a Change of Conditions (CoC) application. If successful, you would be granted leave with access to public funds, allowing you to claim benefits while you remain in the UK on your visa.

To succeed, you must demonstrate that you are in a situation of destitution or are at serious risk of destitution. Relevant factors include:

• You cannot meet your essential living needs (food, clothing, shelter) and have no realistic means of doing so
• You have dependent children who are suffering as a result of the family's financial situation
• There are compelling compassionate circumstances such as domestic abuse, severe illness, or homelessness

A CoC application is made online via the UKVI portal. Supporting evidence should include: bank statements showing depletion of funds, evidence of income (or lack of it), letters from social workers or support organisations, medical evidence where relevant, and any evidence of efforts to secure employment or support. The Home Office may ask for further information and does not guarantee a swift decision, so apply as early as possible if you are in hardship.

Importantly, making a CoC application does not itself give you the right to claim benefits — you cannot access public funds until the condition has formally been lifted and you have received a new BRP or decision letter removing the NRPF condition.

Even where the Home Office has not lifted the NRPF condition, families with children have important protections under domestic law and the Human Rights Act 1998. These provide a separate route to support that is not classified as "public funds" for NRPF purposes:

Section 17 of the Children Act 1989 places a duty on local authorities (children's services departments) to safeguard and promote the welfare of children in need in their area. This duty applies regardless of the immigration status of the child or their parents. A family subject to NRPF that is destitute can apply to their local children's services for Section 17 support — which can include accommodation and financial support to meet the family's basic needs. This is distinct from social housing or Universal Credit and is not a "public fund" for immigration purposes.

The case of Clue v Birmingham City Council [2010] EWCA Civ 460 established that local authorities must carry out a proper assessment of need and cannot simply refuse support to NRPF families without considering whether refusal would breach the family's Article 8 (right to family life) and Article 3 (prohibition of inhuman or degrading treatment) rights under the European Convention on Human Rights.

Schedule 10 of the Immigration Act 2016 provides for accommodation support for certain people on immigration bail — those who have no leave to remain but are not being detained, typically failed asylum seekers or overstayers awaiting removal. This is administered by Migrant Help and the Home Office, not local authorities.