A person will have no recourse to public funds when they are ‘subject to immigration control’. A person who is subject to immigration control cannot claim public funds (benefits and housing assistance), unless an exception applies.
Section 115(9) of the Immigration and Asylum Act 1999 states that a person will be 'subject to immigration control' if they have one of the following types of immigration status:
A NRPF condition is usually imposed when a person has been issued with leave to enter or remain for a temporary purpose, such as to visit, study or work.
A NRPF condition can also be imposed when a person has leave to enter or remain on one of the following settlement routes:
A person who has leave to enter or remain with a NRPF condition could be in breach of their immigration conditions if they claim a benefit that is a public fund when no exception applies or access local authority housing assistance. In some cases this could result in the Home Office cancelling or curtailing (ending) their leave or refusing a future leave to remain application.
Some people with limited leave to remain will have access to public funds. Find out who can access public funds. Additionally, some people who would normally be subject to a NRPF condition may not have this imposed, or can apply to the Home Office for a change of conditions to have their NRPF condition lifted, if they are destitute or at risk of imminent destitution.
A person will be subject to immigration control if they have leave to enter or remain that is subject to a maintenance undertaking. This applies when a person acted as a sponsor for a person's immigration application and signed an agreement to provide that person with accommodation and financial support whilst they are in the UK.
Maintenance undertakings do not routinely form part of the visa application process for most applicants. Maintenance undertakings only form part of an application when a person applies for leave to enter or remain as an adult dependent relative under Appendix Adult Dependent Relative of the Immigration Rules. An adult dependent relative can be a parent, grandparent, son or daughter, or brother or sister. Their sponsor must be a British citizen, settled in the UK, be a refugee or have humanitarian protection, or have pre-settled status.
When a successful applicant is granted indefinite leave to enter or remain in the UK, they will not be able to access most benefits that are 'public funds' or local authority housing assistance for the first 5 years that they are living in the UK, unless their sponsor dies during this period. After 5 years, they will no longer be restricted from claiming public funds. They are also able to claim some benefits that are classed as 'public funds' during the first 5 years.
A person granted leave to enter or remain as a spouse, civil partner, or partner, or on any other basis under the family migration rules, will not have applied for leave that is subject to a maintenance undertaking, even though they may have been 'sponsored' by their family member.
A person will have leave to enter or remain as a result of a pending immigration appeal when they have section 3C leave because they are appealing against a refusal of leave to remain.
Anyone who is required to obtain leave to enter or remain in order to live in the UK but does not have this will be subject to immigration control. This includes people who are seeking asylum and people who are without lawful status in the UK.
A person will be without lawful status in the UK if they:
Some people who have lived in the UK for a long time may be lawfully present but cannot prove their immigration status. Such a person may be able to apply to the Home Office to confirm their status through the Windrush Scheme.
A European Economic Area (EEA) national or family member of an EEA national who is without lawful status may be able to apply to the EU Settlement Scheme.
A person who has made a claim to the UK government for protection (asylum) under the United Nations Refugee Convention 1951 and is waiting for a decision from the Home Office or final decision from the appeal courts (following a refusal).
The status of a person whose asylum or immigration claim has been refused when they have come to the end of the appeal process without success or have no further right of appeal.
Immigration permission with no time limit on the length of stay in the UK.
A person who had leave to enter or remain in the UK for a limited period and has no current immigration permission because they either did not make an application to extend their leave before their previous leave expired, or made an application that was refused after their previous leave expired.
