What are public funds in the context of visas?

Most visa holders are not permitted to access public funds in the UK, and it is important to understand what they are, and which benefits you are permitted to receive. Failure to comply with visa condition could lead to your visa being curtailed or your future immigration applications being refused.

What are Public Funds?

Public funds are financial relief provided to you by the state. Examples include universal credit, income support, child support, housing support and tax relief, to name a few. The full list can be found here: https://www.gov.uk/government/publications/public-funds–2/public-funds

Can I access public funds as an immigrant?

In the context of immigration, most visa holders are subject to a ‘no recourse to public funds’ (‘NRPF’) condition. This means they are not able to access public funds. This is because people wishing to come to the UK are expected to be able to maintain and accommodate themselves and their families until they have settled status.

As such, if your entry to the UK is accompanied by the NRPF condition, you must not attempt to access any public funds. Doing so could lead to your visa being curtailed requiring you to leave the UK, and any future UK immigration application being refused.

However, you can access these funds if you do not have the NRPF condition attached to your visa, or you have been granted settled status or indefinite leave to remain in the UK.

What can I access?

Even if you do have the NRPF attached to your stay, you may still be eligible for some benefits which are not classed as public funds for immigration purposes. These include:

• Contribution-based Jobseeker’s Allowance
• Guardian’s Allowance (if in receipt of Child Benefit)
• Incapacity Benefit
• Contribution-based Employment and Support Allowance (ESA)
• Maternity Allowance
• Retirement Pension
• Statutory Maternity Pay
• Statutory Sickness Pay
• Widow’s Benefit and Bereavement Benefit

How Gherson can assist

Gherson’s UK Inbound Immigration Team are highly experienced in advising on all public fund access queries. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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