How to pay the bills and rent? Advising migrants who are subject to NRPF

Migrants who are subject to NRPF should not apply for public funds. The consequences for NRPF migrants who do claim public funds (whether inadvertently or not) can be very serious. Not only is this a criminal offence, but the person’s visa could be cancelled and future visa applications refused. The worst case scenario could involve immigration detention and deportation. We always stress to welfare adviser trainees that they should never take a risk with NRPF: if you are not sure if NRPF applies, always seek specialist advice.

The NRPF restriction only applies to ‘public funds’. Contrary to some misconceptions, this does not mean all social security benefits. Rather, ‘public funds’ refers to a finite list of social security benefits that are listed in paragraph 6 of the Immigration Rules. They are primarily means-tested benefits and include Universal Credit, Housing Benefit, Child Benefit and Discretionary Support. Contribution-based benefits are not public funds.

Another misconception is that NRPF applies to all public services paid for through general taxation such as the NHS and education. This is incorrect: separate eligibility criteria govern access to such services. The fact that a migrant is subject to NRPF has no bearing on whether they meet the criteria for other public services.

The Law Centre regularly advises migrants about NRPF. The NRPF restriction often only tends to become a problem if the person loses their employment for whatever reason. Without a monthly salary, the migrant’s immediate concern is how to pay their living costs, including rent. The Law Centre often receives calls from people in this position who, needless to say, are extremely stressed.

Luckily, there are a couple of options. The first option to consider is claiming contribution-based benefits such as new style Jobseekers Allowance. Entitlement will depend on whether the person paid enough national insurance contributions while working. Unfortunately, this type of JSA does not include housing costs and it is limited to a 6 month criteria. Nonetheless, the income may provide some relief. Our social security team can advise on eligibility.

The second option to consider is requesting the Home Office lift the NRPF restriction.  This paves the way to social security and/or housing assistance. Whether this is possible depends on the individual’s visa however it is always worth exploring as it can be a lifeline  – especially for households where there are dependent children.  Read the Law Centre’s NRPF briefing for more information. The assistance of an immigration adviser or solicitor is necessary.

The third option to consider is charitable support. For example, the Red Cross Crisis Fund can provide interim financial support to migrants who are caught by the NRPF condition and who are taking steps to remedy their financial situation, for example, by seeking to get the NRPF restriction lifted.

There may be other immigration remedies available in particular circumstances; for example, victims and survivors of domestic abuse may be able to avail of a concession that provides access to public funds.

Finally, depending on the individual circumstances, employment advice might be helpful. Our employment team can help identify, for example, if the migrant is owed any monies from their employer, for example, as a result of unfair dismissal.