7. The consequences of dismissal: when a worker loses sponsorship
What is‘ No Recourse to Public Funds( NRPF)?
‘ No Recourse to Public Funds’ is an immigration restriction applied to many thousands of people living in the UK, which prevents them from accessing welfare benefits and supports, such as housing benefits or Universal Credit. The restriction applies to people from outside the European Economic Area( EEA) who:
• Need leave to remain in the UK, but do not have it. This includes people who are undocumented or have overstayed their visas.
• Have leave to remain, but have NRPF stamped on their Biometric Residence Permit.
• Have leave to remain on a maintenance undertaking, which means that when they applied, someone agreed to pay for their expenses and accommodation. That person is called a sponsor.
• Are waiting for the outcome of an appeal.
The consequences of migrants being unable to access public funds and support like housing benefits, Universal Credit, or child support are:
• Migrants can’ t access help in times of crisis.
• Increased poverty, housing precarity, and dependence on exploitative employers.
• Especially dangerous for women fleeing domestic abuse.
When is help available for families with no recourse to public funds?
The law says that local councils must protect the welfare of‘ children in need’ in their area. A child will almost certainly be‘ in need’ if:
• The family is homeless or
• The family does not have enough money to meet basic needs( for example, food and clothing)
In these cases, the local council may have a duty to provide the family with accommodation and / or financial support. Local authorities cannot advise a family to return to their country of origin if there is a legal or practical barrier to their return( e. g. the family is waiting for the Home Office to make a decision on an application for leave to remain). Legal advice and help should be sought before making an application if possible.
When is help available for individuals with no recourse to public funds?
If an individual is homeless and destitute and:
• is disabled, elderly or suffering;
38 LRD • Supporting migrant workers