Actions prior to release
The Home Office and Ministry of Justice refers to a person who has served a custodial sentence and who is not a British citizen as a Foreign National Offender (FNO). While some may be transferred into immigration detention, many FNOs will be released into the community. This may include some people who are subject to deportation orders. A person will be subject to a deportation order if they have been convicted of a crime and received sentence of 12 months or more.
Although probation officers should assess support options available to individuals prior to their release and assist them to apply where possible, there may be some cases where a person is released without support in place. Local authorities and voluntary and community sector groups may find themselves advising and supporting FNOs who have been released into the community and are destitute and in need of accommodation and/or financial assistance.
Duty to refer to a housing authority
In England, where a person is at risk of homelessness within 56 days, public authorities, including prisons and the probation service, must comply with the 'duty to refer' and refer the individual to the local housing authority, which will then make a decision regarding their eligibility for assistance.
Although a person with NRPF will be ineligible for local authority homelessness assistance, councils do have a duty under section 179(1) of the Housing Act to provide advice and information to a person to prevent homelessness. Where a person has pre-settled status under the EU Settlement Scheme, eligibility for assistance is less clear-cut and further investigations are likely to be needed. Read more on eligibility for housing assistance and pre-settled status.
What support options may be available when a FNO has NRPF?
Probation Officers (and justice social workers in Scotland) supporting individuals prior to release would need to assess what support options may be available when a person who has no recourse to public funds is being released from prison and has been assessed as ineligible for local authority homelessness assistance. A person with NRPF may be able to access the following support, subject to meeting the relevant criteria:
- If the person has care and support needs arising from a physical or mental impairment or illness, adult social care may be able to provide accommodation and financial support subject to a needs assessment. Read more on social services support for adults.
- Asylum support from the Home Office may be available for individuals who have made an asylum claim, with Section 95 support provided for those with ongoing claims and Section 4 support available to some asylum seekers whose appeal rights have been exhausted.
- Schedule 10 immigration bail support where a person has been granted immigration bail.
- MSVCC support provided to a person who has been referred into the National Referral Mechanism as a potential victim of trafficking.
If a person is released into the community from the UK prison system and they have been detained or are liable to detention under immigration powers, they may be granted Immigration Bail. Schedule 10 immigration bail support provides support for some people who are on immigration bail who are either have a residence condition requiring them to live at a specific address or have exceptional circumstances which make the provision of accommodation necessary.
When will a person qualify for schedule 10 support?
People who may be able to access schedule 10 support include:
- People including FNOs who may be considered high risk.
- People granted bail by the Special Immigration Appeals Commission SIAC.
- Those for whom it would be a breach of their human rights to deny them support, such as those who have an outstanding immigration application and cannot be expected to leave the UK.
To apply for schedule 10 support, a person must fill out the application form and submit to the Home Office along with any documentary evidence of their eligibility. Although schedule 10 applications do not require an immigration adviser, some people may need to access immigration advice before applying, for example if they do not possess a document from the Home Office confirming they are on immigration bail (known as a BAIL 201).
Schedule 10 support is provided through the Asylum Support and Accommodation Contract (AASC). Local authorities should be made aware of any pending accommodation placements of individuals in their area, such as where the person is considered a risk.
Seeking immigration advice
It is paramount that any person who has no recourse to public funds or whose immigration status is unclear and is being released from prison accesses immigration advice in the first instance to understand their options. This includes advice on whether any existing leave has been impacted by their conviction or whether there are any available immigration routes under which they can apply to regularise their stay in the UK if they do not currently possess leave to remain.
An immigration adviser will be able to advise on whether there are any immigration options available to the person. If a person can regularise their stay in the UK, they may also be able to obtain the right to work and access to public funds, which would provide a long-term solution to destitution. If the person is an EEA national and is able to make a late application to the EU Settlement Scheme, this could enable them to access benefits and local authority homelessness assistance if their late application is accepted.
If a person who has exited prison and already possesses leave to remain with an NRPF condition, they should seek advice about whether they could make a Change of Conditions application to the Home Office to remove the NRPF condition from their leave. Read more on immigration legal advice.
Training
To learn more about support options for people leaving prison who have no recourse to public funds, see our training offers or contact us to discuss any training requirements. Read more on support options for people with NRPF.