UK Immigration Articles and Resources

Accessing public funds in the UK

Written by Nikita Swift | Jun 29, 2023 1:11:19 PM

Why are there restrictions on the benefits and services which migrants can access?

The restrictions on the benefits and services which migrants can access are intended to reassure the public that ‘immigration brings real benefits to the UK and that its finite resources are protected for British citizens and those who have lawfully settled here on a permanent basis’ (as stated here).

 

Who has recourse to public funds?

People who are lawfully resident and settled in the UK will have recourse to public funds, providing that they are eligible to receive them. Examples of people who are lawfully and settled in the UK and can access public funds (if eligible) include:

  • British citizens;

  • Individuals with settled status;

  • Individuals with indefinite leave to remain;

  • Individuals granted refugee status; and

  • Individuals with humanitarian protection.

 

What does ‘no recourse to public funds’ mean?

If you have a ‘no recourse to public funds’ condition attached to your permission to enter or stay, then in most circumstances you will not be entitled to access a range of taxpayer funded benefits and services.

 

Who has no recourse to public funds?

Unless exempt, Section 155 of the Immigration and Asylum Act 1999 states that individuals who are subject to immigration control will have no recourse to public funds. An example of a group who have no recourse to public funds includes those who have limited leave to remain or enter the UK.

 

Can the no recourse to public funds condition be removed? 

The no recourse to public funds condition can be lifted if you are applying for leave to enter or remain as a partner, child, or parent, and you can provide evidence of your destitution or imminent risk of destitution.

To be ‘destitute’, you will need to show that:

  • You do not have adequate accommodation or any means of acquiring it;

  • You are unable to meet your essential living needs; or

  • You either possess adequate accommodation or the means to obtain it but struggle to fulfill your other essential living needs.

Please note that if the no recourse to public funds condition is lifted for one application, it does not guarantee that it will be lifted for future applications unless you are able to meet the aforementioned criteria.