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  1. 1. Immigration conditions
  2. 2. What are public funds?
  3. 3. Who has no recourse to public funds (NRPF)?
  4. 4. Who has recourse to public funds?
  5. 5. Section 3C leave
  6. 6. EEA nationals and family members
  7. 7. Confirming immigration status and access to public funds

Who has no recourse to public funds (NRPF)?

A person has no recourse to public funds (NRPF) when they are ‘subject to immigration control’. This means they 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 is ‘subject to immigration control’ if they have one of the following types of immigration status:

  • Leave to enter or remain, with a 'No Recourse to Public Funds' (NRPF) condition
  • Leave to enter or remain with a maintenance undertaking
  • Leave to remain because an immigration appeal is pending
  • No leave to enter or remain when this is required

Leave to enter or remain with an NRPF condition

An NRPF condition is usually given to people with temporary leave, such as those visiting, studying or working. An NRPF condition can also be applied on the following settlement routes:

  • partner and parent routes
  • private life
  • Hong Kong British National (Overseas)
  • UK Ancestry

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 or access local authority housing assistance when no exception applies. This can result in the Home Office cancelling or curtailing (ending) leave or refusing a future leave to remain application. 

Some people with limited leave do have access to public funds. See our page on who can access public funds. Some people with limited leave to remain may not have the NRPF condition imposed or may be able to apply to the Home Office for a change of conditions to have the NRPF condition lifted, if they are destitute or at imminent risk of destitution.

Leave to enter or remain with a maintenance undertaking

A person is subject to immigration control if their leave includes a maintenance undertaking. This is when a sponsor has signed an agreement to commit to covering a visa applicants’ accommodation and financial support needs while in the UK.

Maintenance undertakings apply only in adult dependent relative applications under Appendix Adult Dependent Relative of the Immigration Rules. An adult dependent relative might be a parent, grandparent, adult child, or adult sibling. Their sponsor must be a British citizen, settled in the UK, a refugee, have humanitarian protection, or hold pre settled status.

A successful applicant is usually granted indefinite leave but cannot claim most public funds for the first five years, unless their sponsor dies during this period. After five years, they are no longer restricted from accessing public funds. Some public funds may be accessible during the first five years where there is an exception.

People granted leave under the family migration rules (for example, spouses or partners) are not subject to a maintenance undertaking.

Leave to remain because an immigration appeal is pending

A person will continue to have leave to remain when they have an ongoing appeal against a refusal to extend their leave. This is known as section 3C leave. If their previous leave had an NRPF condition, they would continue to have this restriction.

No leave to enter or remain when this is required

A person is subject to immigration control if they are required to have leave to enter or remain but do not have it. This includes:

  • people who entered the UK without permission
  • people who overstayed their visa
  • people who are Appeal Rights Exhausted (ARE) after an unsuccessful asylum or immigration claim

Some long term residents may have lawful status but cannot prove it. They may be able to confirm their status through the Windrush Scheme.

European Economic Area (EEA) nationals, or their family members, who do not have lawful status may be able to apply to the EU Settlement Scheme.

Page updated: 17 March 2026

Immigration terms

Asylum seeker

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).

Appeal rights exhausted (ARE)

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. 

Indefinite leave to enter or remain

Immigration permission with no time limit on the length of stay in the UK.

Visa overstayer

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.