Can you claim Public Funds when there is a condition of No Course to Public Funds attached to the visa?
The majority of immigration routes require visa holders to meet financial requirements and restrict them from claiming public funds. This limitation of ‘no recourse to public funds’ is always highlighted in the eligibility criteria. Most migrants in the UK are not able to access public funds unless an exception applies to their circumstances.
No Recourse to Public Funds
Most visa applications are subject to ‘no recourse to public funds’ which prohibits the applicant from seeking public funds during their stay in the UK. No Recourse to Public Funds (NRPF) means that the person cannot access benefits, such as housing benefit.
Claiming Public Funds whilst being restricted from doing so by the Home Office
Even if the conditions do not allow the visa holder to access public funds, they may claim certain benefits without breaching the conditions of their immigration status under special circumstances.
The UK government has imposed restrictions on seeking public funds to ensure that the country’s finite resources are reserved for British nationals and settled persons.
In some cases, foreign nationals can claim certain benefits due to exemptions.
Child Benefits
To qualify for a child benefit, the authorities will look into the immigration and residence status of the parents instead of the child’s nationality. Eligible parents can seek child benefits, however, parents holding leave with NRPF, will not qualify to claim child benefits for their children.
The following exceptions apply when it comes to claiming child benefits:
- The applicant is granted entry clearance to come to the UK and the UK sponsor or some other person is responsible for maintenance and financial support of the children;
- The applicant is a national of a country which has a Trade and Continuity Agreement or a reciprocal social security agreement with the UK for equal treatment and providing access to family benefits to workers;
- An EEA national or their family members are protected by Citizen Rights Agreements;
- The applicant has the right to claim child benefit before October 1996 and they are subject to immigration control.
Maintenance Undertakings
A person holding Indefinite Leave to Remain (ILR) as an adult dependent relative of a settled person, has to enter into a written agreement, namely maintenance undertaking. It sets out that the UK sponsoring relative is responsible for the maintenance and accommodation of the adult dependent relative.
If the sponsor fails to provide financial support for the adult dependent relative, they can claim contributory-based benefits which will be later recovered from the Sponsor.
An adult-dependent whose sponsoring relative has signed a maintenance undertaking cannot claim public funds until:
- The adult dependent relative is residing in the UK for 5 years or it has been five years since the sponsor signed the maintenance undertaking, whichever date is later;
- The sponsor responsible for maintenance and accommodation died before the end of five years.
The adult-dependent relative who is subject to maintenance undertaking can apply to access child benefit.
Before applying for UK public funds, it is advised that a person seeks advice from an immigration solicitor or benefits advisor to know whether or not they are entitled to claim any funds.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught law
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