CAN MIGRANTS APPLY FOR PUBLIC FUNDS WITHOUT INDEFINITE LEAVE TO REMAIN?

Generally speaking, Indefinite Leave to Remain (ILR) is a prerequisite for any migrant in the UK to claim public fund benefits. In the ordinary course, any migrant who acquires a Limited Leave to Enter/Remain (LLR) in the UK will not have a right to claim public funds. This is known as the ‘no recourse to public funds’ condition imposed on the grant of limited leave. However, there are certain rigid exceptions to the above general rule. It is pertinent to note that one who avails public funds unlawfully or without strictly complying with the rules may end up in jail as it’s a criminal offence, and needless to say, the future immigration consequences like revocation of visa or rejection of any further visa applications.

Due to the stringent nature of the procedure and out of fear, immigrants normally stay away from claiming public funds. This, in turn, keeps away genuine cases of disability, poverty, child welfare, etc., from claiming what the UK has to offer. So, if you are in doubt about your eligibility to claim or continue to avail public funds, it’s better to consult a legal expert before you proceed any further. Just don’t risk with your life and at the same time miss out any opportunity. Appropriate legal resorts can do wonders. Here is how..

How can migrants with limited leave (including 7 year child route)  claim public funds?

The Home Office through its policy documents has strictly described the type of people who may be eligible to claim public funds. The decision-makers may use their discretionary power to lift or not to impose the condition of ‘no recourse to public funds’ where the applicant can provide ‘satisfactory evidence’:

  • that he/she is destitute or would be rendered destitute without recourse to public funds.
  • that there are particularly compelling reasons relating to the welfare of a child on account of the child’s parent’s very low income
  • to establish exceptional circumstances, especially financial.

Is it difficult to get exemptions and claim public funds?

Yes, it’s pretty difficult, but not impossible. The above-mentioned exceptions are purely discretionary to the Home Office and are allowed under extreme situations coupled with satisfactory evidence. And interestingly, the Home Office’s guidance encourages its decision-makers to make enquiries for additional evidence before concluding any case. This means you have a slightly higher chance to convince your decision-maker for public funds than to get your immigration fee waived, where the decision-makers are not persuaded to make additional enquiries. But from another perspective, the Home Office is definitely going to require for evidence at every possible stage to prove your case. This might seem hectic but with proper legal advice, it’s just a piece of pie.

What about migrants already living in the UK under the condition of ‘no recourse to public funds’?

Fortunately, even if you are a migrant, who was granted limited leave of the basis of family/private life, already living in the UK with the condition of ‘no recourse to public funds’, there’s nothing that prevents you from requesting for the removal of the same, now. All you need to carefully show is enough conclusive evidence that you may not be able to lead a normal life in the UK without recourse to public funds.

Are there any benefits available even under the ‘no recourse to public funds’ condition?

Since Public Funds do not cover benefits and services that are based on National Insurance contributions, council tax discounts, health and state-funded schooling, the following benefits are still available to be claimed by any migrant living under the ‘no recourse to public funds’ condition:

So what does it mean?

To summarize, there’s a wide range of benefits and services, sourced both from and outside the public funds, available for the upliftment of migrants in the country. Therefore, why stay in the UK without utilizing the social welfare benefits our benevolent government has to offer you. Get legal advice from a top law firms in East London now and lawfully secure your life in the UK.

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