Failiure to Keep up to Date…..NRPF

Recently I came across a case with Limited Leave ...but…No Recourse to Public Funds…

I thought it tad strange (limited leave and no recourse) but hey ho, I ploughed on anyway.

Few weeks later, the same thing…...next thing you know… we have the beginnings of rush a cases…...It appears that my assumption if you have got “leave” you have recourse.. no longer applies.

Clearly, I have missed something….

Did a bit of googling and it seems that these are the old exceptional/discretionary (outside the rules)immigration cases only they now have No Recourse.

http://www.nrpfnetwork.org.uk/Documents/Home-Office-recourse-policy-changes.pdf

Is this causing you folks problems?

Does it appear on another thread?

Presumably this is going to leave some folks destitute.

I’ve certainly come across it in the course of the past year or so. Like you, I was so used to clients with limited leave having recourse that it threw me a bit the first few times I encountered it. I’ve not seen that many admittedly and the clients I have encountered in that position have generally had partners either with full recourse or who are UK citizens anyway (so it hasn’t been a problem).

It is a bit of a blow to discover a raft of NRPF cases. These type of discretionary/exceptional cases tend (in my limited experience) to have been stuck (pending getting their leave) in immigration limbo for a long time.

I did a bit more research and found out that you can ask for a NRPF to be changed if you are desitute.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/286132/change-condition.pdf

So presumably you refer these destitute/limited leave NRPF cases to the Authority (Childrens Act/1948 Nat ASS act etc) for immediate help, and try to get the NRPF condition changed? Your client has leave, so there is little risk in asking for this?? Has anyone tried this?? Are there risks?? Is it a solicitor job?? Is it for the Authority to contact immigration only??

Whether you have recourse to public funds is, basically, determined by what your visa says. Mostly, non-EEA nationals will, if granted limited leave to remain, only ever be given it without recourse to public funds.

Whether you can get the no recourse restriction depends on your type of leave. As far as I know, anyone who is here under the points-based system under the Immigration Rules cannot under any circumstances have their no recourse restriction lifted. So if your client’s visa says he is a Tier 2 (General) migrant, for example, he will also have no recourse and this restriction will apply until the Home Office has made its determination on any application to settle. Once settled, most people with be granted settled status without the NRPF restriction (i.e. they can claim benefits and housing under the Housing Act) but even some settled migrants will not have recourse. It’s very important therefore to always check the client’s immigration status and not to make any assumptions.

The form you link to only applies to certain types of leave. These are in the first numbered paragraph of that document:

- Appendix FM (“This route is for those seeking to enter or remain in the UK on the basis of their family life with a person who is a British Citizen, is settled in the UK, or is in the UK with limited leave as a refugee or person granted humanitarian protection (and the applicant cannot seek leave to enter or remain in the UK as their family member under Part 11 of these rules”).
- para 276ADE (private home and family life and some period of long residence).
- outside the Rules on the basis of private home and family life.

You will need to check each client’s status to see whether they fall in any of these categories.

As to who can make these applications: all immigration work is regulated by OISC in a 3 level system. Usually, complex work and casework can only be completed by someone qualified at at least level 2. I don’t know whether this kind of application falls within level 1 or 2. Either way, so long as an adviser is competent at the relevant level, they will be able to help make this kind of application. This could be a solicitor but there are other ways that you can become a licensed immigration adviser. A law centre or CAB with an immigration specialist would probably be best if your client cannot access a solicitor directly.

If you cannot get the NRPF restriction lifted, then your only option is community care, which can include the provision of accommodation outside the Housing Act, but is by no means an easy option. There are risks about using the CA or the NAA. The LA might inform the Home Office (and this could expedite the HO’s decision - which may or may not be a good thing) and they may threaten to take the children into care and only accommodate the children (which would probably be unlawful unless such action can be shown to be in their best interests).

Edit: you may also want to read the PLP’s guide to section 17 which discusses some of the immigration risks (http://www.publiclawproject.org.uk/data/resources/121/s-17-updated-July-2014-12.9.14.pdf). I don’t do any work with the NAA but I imagine the same warnings apply.

Thanks Matthew, we are not referring to visa cases here, we are referring to limited leave cases, with No Recourse to Public Funds…. they are the Outside the Rules cases you mention above, which would previously not have had a NRPF condition.

The HO have taken a decision on these cases to award limited leave already. It looks like the HO at the time of their decision are making a judgement on whether to stamp NRPF (destitution) as some cases are still coming through without the stamp. (so its a totally seperate situation to a visa case)

Ah I see. When I refer to limited leave I have in mind anyone whose leave to remain is time-limited, which includes visa nationals here within the Rules. I thought you meant the same.

I’ve just remembered, there is some case law on what constitutes destitution. I’ll try and dig it out unless someone else knows the case I’m referring to? There was a high court decision that listed various aspects of life which were considered a bare minimum.