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MIGRATION:
Immigration |
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No recourse to public funds Some of those entering the UK may have conditions on entry, one of which is ‘no recourse to public funds’, stamped in their passport. This generally applies to those who are not EU nationals and who have limited leave to enter or remain (such as a work permit, student visa or marriage visa). This means they are not entitled to a range of income related benefits (eg income support, child benefit, disability living allowance) together with housing or homelessness support, however they would be entitled to work related benefits (eg incapacity benefit, retirement pension, statutory maternity pay) if they had paid sufficient National Insurance contributions prior to claiming. Those applying for student or marriage visas therefore have to prove an ability to maintain themselves or be maintained. However they are not prevented from seeking employment. Home Office Document: ‘No recourse to public funds’ What does it mean? The No Recourse to Public Funds (NRPF) Network is a network of local authorities focusing on the statutory response to destitute people from abroad that have no recourse to public funds. Operating under the auspices of the Association of Directors of Adult Social Services (ADASS) and the Association of Directors of Children's Social Services (ADCSS) Asylum Taskforce, the Network aims to support and represent local authorities, although other organisations may be invited to join. The network is hosted by Islington Council. The site contains useful information and policy initiatives. MORE than 1,000 destitute asylum seekers are struggling to survive in Greater Manchester - with no recourse to public funds and no right to work. A number of key women’s organisations are campaigning for a change in provision for those migrant women who face domestic violence from their husbands and families in the UK. For many, their insecure immigration status renders them extremely vulnerable to abusive partners who exploit their position by often subjecting them to extreme forms of violence, imprisonment and domestic servitude, usually with impunity. Many abusers know that these women cannot report them to the authorities for fear of being sent back to their countries of origin where, as a divorced or separated women, they are likely to face persecution from the state and society. In 2002, following immense pressure, the government introduced the 'domestic violence rule' in immigration law, which states that if a person married or living with a settled partner can provide specific evidence to demonstrate that she/he is a victim of domestic violence and meet other conditions, she/he can remain in the UK indefinitely. But for a significant number of women, the existence of the 'no recourse to public funds' requirement in immigration and welfare law, prevents them from making use of the domestic violence rule because they cannot access safe housing or benefits to escape domestic violence. The result is that they are faced with a stark choice, leave and face destitution or stay and risk their lives. The 'no recourse' requirement bars anyone entering the UK on the basis of marriage from relying on public housing or benefits until their immigration position is regularised. This forces women into positions of economic dependency on the settled spouse or partner. The result is sheer desperation on the part of the individual and their advisors. A similar problem exists for women trafficked into the sex industry who, in trying to escape, have to prove they have been trafficked (and did not know they were coming to enter the trade) and be prepared to give evidence against their traffickers (when often fear and lack of clear information prevents them doing so). Campaign information: Southall Black Sisters Campaign Stories of women affected and agencies struggling to assist.
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