Suspend No Recourse to Public Funds visa conditions

Call on the Government to urgently suspend No Recourse to Public Funds visa conditions so that migrants and their families are protected from the health and financial impacts of Covid-19. More support is needed for those who live and work in the UK, to ensure they can access the public safety net.

No recourse to public funds (NRPF) has long pushed working families into poverty, unsustainable debt and homelessness. With no access to the public safety net, many more families are at risk of destitution, particularly with rising job losses. Greater risk of destitution causes increased financial pressure on Local Authorities who must respond to requests for destitution support.

Suspending NRPF is vital to contain COVID-19, prevent hardship, and release pressure on Local Authorities.

The principle of NRPF was established as far back as 1971 and is a condition that has been applied to those staying here with a temporary immigration status under successive Governments. Migrants here without lawful status are also subject to NRPF.

The Government’s position is that those seeking to establish a life in the UK must do so on a basis that prevents burdens on the taxpayer and promotes integration. This is reflected in the Immigration Rules and applying the NRPF condition to those with a temporary immigration status is a standard means of pursuing this legitimate objective. Successive governments have set the threshold for migrants qualifying for public funds at indefinite leave to remain, reflecting the strength of connection to the UK of those who hold this status. Refugees and protected persons, and those granted discretionary leave are also eligible to access public funds.

The Government remain committed to protecting vulnerable people and have acted decisively to ensure we support everyone through the COVID-19 pandemic.

Many of the wide-ranging COVID-19 measures the Government has put in place are available to migrants with NRPF. These range from assistance being given under the Coronavirus Job Retention Scheme and the Self-employed Income Support Scheme, protections for renters from evictions, a mortgage holiday for those who need it and support for those who are vulnerable and need assistance with access to medication and shopping.

Statutory sick pay and some other contribution-based benefits, such as contributory employment support allowance, are not classed as public funds and are available to all who are eligible and unable to work during this difficult time. Migrants who have been granted leave on the basis of their family life / human rights can apply to have the NRPF condition on their stay lifted by making a ‘change of conditions’ application. For these routes, the NRPF condition can be lifted where there is evidence that the applicant is destitute (or at risk of destitution), the welfare of their child is at risk due to their low income, or there are other exceptional financial circumstances.