When a person is “subject to immigration control,” as defined by section 115 of the Immigration and Asylum Act of 1999, they cannot use public funds.

If a person is subject to immigration control, they can’t get public money (like benefits or help with housing), unless there is an exception.

When a person has one of the following types of immigration status, they will be subject to immigration control:

The “No Recourse to Public Funds” (NRPF) condition applies to permission to enter or stay, such as:

• Leave to enter as a visitor
• Leave to remain as a spouse
• Leave to remain as a student
• Leave to remain granted under family or private life rules 
• Leave to enter or remain that is subject to a maintenance undertaking, such as:
  • Indefinite leave to remain as the adult dependent relative of a person with settled status (five year prohibition on claiming public funds)

• Leave to enter or remain as a result of a pending immigration appeal:
  • This could apply when a person has section 3C leave whilst an appeal against a refusal of leave to remain is pending

• No leave to enter or remain when they are required to have this, such as:
  • A visa overstayer
  • An asylum seeker
  • An appeal rights exhausted (ARE) asylum seeker

The words “no public funds” will be written on a person’s residence permit, entry clearance vignette, biometric residence permit (BRP), or digital status if they have permission to enter or stay that is tied to the NRPF condition.

Instruct me

If you want to instruct me, please email donm@queensparksolicitors.co.uk or queensparksolicitors@gmail.com or call us on 0203 643 7508 / 07446 888 377. My name is Atty Magsino of Queen’s Park Solicitors. I am a UK qualified lawyer and solicitor.