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A person will have no recourse to public funds when they are ‘subject to immigration control’. This is defined in section 115 of the Immigration and Asylum Act 1999. A person who is subject to immigration control cannot claim public funds (benefits and housing assistance), unless an exception applies.
A person will be ‘subject to immigration control’ if they are a non-EEA national and have one of the following types of immigration status:
When a person has leave to enter or remain that is subject to the NRPF condition, the term ‘no public funds’ will be stated on their residence permit, entry clearance vignette, or biometric residence permit (BRP).
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.
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).
Immigration permission with no time limit on the length of stay in the UK.
Immigration permission issued on entry to the UK, usually after prior entry clearance has been obtained before arrival.
Immigration permission issued to a person in the UK, usually after a person has made an application to Home Office.
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.