What is no recourse to public funds (NRPF)?
No recourse to public funds is a condition imposed on individuals due to their immigration status. A person who is “subject to immigration control” will have ‘no recourse to public funds’.
A person will be ‘subject to immigration control’ if they:
- Have been granted leave to enter or remain in the UK with the condition of ‘no recourse to public funds’. Women who have moved in with their husbands or partners on spousal visas or who have been given a limited leave period due to family or private life constraints may fall under this category.
- Have leave to enter or remain in the UK but may have a restriction or prohibition on claiming public funds for a period of time. For example, persons from the European Economic Area (EEA) nationals may be prevented from accessing public funds when they do not meet the eligibility criteria.
- Do not have leave to enter or remain, such as those who overstay their visa or who enter illegally
- Individuals on a time limited visa, such as a student or work visa
Even if they are the victims of domestic abuse, people who are subject to immigration controls on a variety of visa statuses (such as spousal visas, student visas, guest visas, etc.) are unable to access benefits, making it impossible for them to find safe refuge housing or other forms of support.
Such visas come with the restriction “no recourse to public funds.” Both the passport’s stamp and the residency permit’s back might contain this information.
Who is affected by no recourse to public funds?
Women and men facing domestic violence who have precarious immigration status and are subject to immigration control are negatively impacted by the “no recourse to public funds” (NRPF) rule. People with NRPF are not eligible for welfare benefits such as working families tax credit, income support, jobseekers allowance, housing benefit, aid for the homeless, child benefit, or disability allowances..
If you do not have the legal authorization to reside in the UK permanently, you could have anxiety and worry about reaching out for support, and you might feel imprisoned in the abusive relationship. Your immigration status can even be used by the abuser(s) to intimidate you into remaining silent and keeping you from seeking help. For example, If you report the abuse, they could make threats to revoke your visa or have you deported.
Where the women can get help from?
If you have endured domestic abuse, including economic abuse, there are certain things you can try to do to try to achieve safety even if you have no access to public funds.
Legal aid immigration solicitors:
You can consult a respected and knowledgeable immigration counsel or lawyer. They are available to assist you and have knowledge in providing advice to those without access to public funds. If you have experienced abuse and are hesitant to go back home, they can explain your legal rights and how you might be able to apply for the right to remain in the UK. If you are concerned about your immigration status and other factors and require additional support to stay safe, they might be able to put you in touch with a support service for abused immigrant women in the UK.
Southall Black Sisters:
By calling their helpline at 0208 571 0800, they may be able to assist you and recommend an immigration advisor (Mon, Weds, Fri, 9.30am– 4.30pm). They also manage a programme that offers short-term financial assistance to those who do not have access to public funds, and they will be able to give advice on how to get the limited other support that is offered to battered women with uncertain immigration status.
Calling Migrant help:
You can seek help by calling the Officer of the Immigration Services Commissioner on 0345 000 0046.
