Which Public Funds Claim Can Affect My UK Immigration Status?

Pag-usapan natin ang Public Funds dahil marami ang nalilito. The “no recourse to public funds (NRPF)” is a condition imposed on someone due to their immigration status. Section 115 Immigration and Asylum Act 1999 states that a person will have ‘no recourse to public funds’ if they are ‘subject to immigration control’. So, mahalaga na pag-usapan natin ang mga bagay na ito.

Claiming a public fund when a person’s immigration conditions prohibit this could affect their current status and future immigration applications. If a person has claimed a public fund when they might not have been entitled to do so then they should seek legal advice​ from an immigration adviser and a benefits adviser.

Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:

  • Carer’s Allowance.
  • Disability Living Allowance.
  • Severe Disablement Allowance.
  • Industrial Injuries Disablement Benefit.
  • Attendance Allowance.
  • Personal Independence Payment.
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
  • Police Injury Pension.

What sources are not permitted toward the financial requirement?

Income from the following sources will not be counted towards the financial requirement:

  • Any subsidy or financial support from a third party (other than child maintenance or alimony payments, academic maintenance grants/stipends or gifts of cash savings that meet the requirements specified in paragraph 1(b) of Appendix FM-SE), except where paragraph GEN.3.1. of Appendix FM and paragraph 21A of Appendix FM-SE apply.
  • Income from others who live in the same household (except any dependent child of the applicant who has turned 18 and continues to be counted towards the higher income threshold the applicant has to meet until they qualify for settlement).
  • Loans and credit facilities.
  • Income-related benefits: Income Support, income-related Employment and Support Allowance, Pension Credit, Housing Benefit, Council Tax Benefit or Support (or any equivalent) and income-based Jobseeker’s Allowance.
  • The following contributory benefits: contribution-based Jobseeker’s Allowance, contribution-based Employment and Support Allowance and Incapacity Benefit.
  • Child Benefit.
  • Working Tax Credit.
  • Child Tax Credit.
  • Universal Credit.
  • Unemployability Allowance, Allowance for a Lowered Standard of Occupation and Invalidity Allowance under the War Pensions Scheme.
  • Any other source of income not specified in Appendix FM-SE as counting towards the financial requirement.

 

My partner is a person subject to immigration control

Kung ikaw ay British na and yung partner mo ay “person subject to immigration control” there are different rules on the benefit you can claim

Universal Credit

If your partner is a person subject to immigration control you must claim Universal Credit as a single person.  Kaya lang yung income ng partner mo will be taken into consideration.

If your partner’s leave is subject to a no recourse to public funds restriction, you should seek specialist immigration advice before making a claim, if you and your partner are joint tenants.  As your partner’s share of the rent is used to calculate the housing element of Universal Credit, this might be considered as recourse to public funds, which could affect their right to remain in the UK.

Universal Credit could not be considered for the purpose of E-LTRP.3.1 (Eligibility to Remain as a Partner)

E-LTRP.3.3. The requirements to meet this paragraph are-

(a) the applicant’s partner must be receiving one or more of the following –

(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance;
(v) carer’s allowance;
(vi) personal independence payment;
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme;
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme; or
(ix) Police Injury Pension; and

(b) the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds.

Income Support; Income-based Jobseekers Allowance and Income-related Employment and Support Allowance

If your partner is subject to immigration control you can claim these benefits as a couple.  However, you are normally only paid a personal allowance at the single rate.  If you qualify for premiums, these are paid at the couple rate.  Your partner’s work, income and capital affect your entitlement to these benefits.

Note: Kung ang partner mo ay subject to a “no recourse to public funds” condition, claiming a couple rate of a premium for her/ him could be regarded as having recourse to public funds, and could affect her/his right to remain in the UK.  Therefore get specialist immigration advice before making a claim.

Pension Credit

If your partner is a ‘person subject to immigration control’ they are treated as not being a part of your household for Pension Credit.  Therefore you are paid as a single person and your partner’s income and capital do not affect your claim.  However, you may not get the Severe Disability Addition, because your partner may be counted as ‘normally living with you’.

Housing Benefit

If your partner is subject to immigration control, this does not affect the amount of Housing Benefit you get.  Your partner is included in your claim and you are paid at a couple rate for any allowances or premiums you qualify for.

However, if your partner’s leave is subject to a no public funds condition then this could be regarded as them having recourse to public funds and could affect their right to remain in the UK.  Get specialist immigration advice before claiming.

Tax Credits

If your partner is a person subject to immigration control, but you are not, your partner is treated as if they are not a person subject to immigration control, and you are entitled to make a joint claim for Working Tax Credit or Child Tax Credit.  However, unless you or your partner are responsible for a child, your Working Tax Credit will not include a couple element.

If your partner’s leave is on condition that they don’t have recourse to public funds, they are not regarded as having recourse to public funds if you make a joint claim.  This means that their right to remain in the UK is not affected if you make a joint claim for Tax Credits.

Child Tax Credit

When the parent of a British child has leave to remain with NRPF then they will normally be restricted from applying for child benefit or child tax credit if the other parent cannot apply for these unless one of the following exceptions applies:

  • They are the family member of an EEA or Swiss national qualified person.*
  • They are a national of Algeria, Morocco, San Marino, Tunisia and Turkey and are working lawfully in the UK​.
  • They are the national of, or a person who has come to live in the UK from, one of the following countries: Barbados, Bosnia-Herzegovina, Canada, Croatia, FYR Macedonia, Israel, Jersey & Guernsey, Mauritius, Montenegro, New Zealand, and Serbia.
  • They were entitled to child benefit prior to October 1996.
*Following a change to HMRC guidance, this exemption no longer applies if the parent has a British or EEA national child.

 

What are not public funds?

A person with no recourse to public funds (NRPF) cannot access benefits, homelessness assistance from the council and an allocation of social housing through the council’s register. Only these publicly​ funded services are classed as ‘public funds’ for immigration purposes.  
A person with NRPF may, therefore, access other publicly funded services and would not be breaching their immigration conditions if they receive these. However, a person’s immigration status may be a factor in whether they will be able to meet the requirements to access a particular service. this means that there will be several publicly funded services that a person with NRPF will be able to receive. Details of immigration requirements for some key public services are set out here.
  • Child maintenance
  • Concessionary travel passes
  • Education and student finance
  • Free school meals
  • Funded early years education and childcare
  • Housing association tenancy
  • Legal aid
  • NHS treatment
  • Social services assistance
  • Work related to  welfare benefits​

 

***

We are Queen’s Park Solicitors. My name is Mr.Don Magsino, BSc, MBA, GDL. We are based at Suite 4, Stewart House, 56 Longbridge Road, Barking, Essex IG11 8RW |Telephone: 02036437508 | Fax: 02033931725| http://www.queensparksolicitors.co.uk | Regulated by the Solicitors Regulatory Authority (SRA)

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One comment

  1. Hi, wala p po kaming idea kung pwede b mkavail NG bursury fund for a tier 2 visa holder with no access sa “public funds”

    Like

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