7. The consequences of dismissal: when a worker loses sponsorship
• their family does not have enough money to meet basic needs( for example, food and clothing);
they may be able to get limited help with housing and financial support from their local council. The law on this is complex and again legal advice should be sought before applying.
Can individuals access any other support if they have NRPF?
Individuals may still be able to access support that is not listed as a‘ public fund’, such as schooling, childcare, healthcare and free school meals. The NRPF Network has really comprehensive info on rights and entitlements. It can be found at: https:// www-nrpfnetwork-org-uk.
Can individuals get the NRPF condition removed?
If individuals have Limited Leave to Remain in the UK and have NRPF stamped on this leave to remain, they may be eligible to make an application for recourse to public funds.
This is called a‘ Change of Conditions’ application. It is cost-free, and individuals do not need a lawyer in order to make it.
Please note that people can usually only make the application if they have been given leave to remain on human rights grounds. For example, it is not currently possible to make the application if they do not have leave to remain, or if they are an asylum seeker.
The application form and guidance is on the government website.
Case study: Maria, a Filipino nurse
Maria( a pseudonym) came to the UK on a care worker visa to be with her partner. She accepted a job in a high-end Edinburgh care home with a promise of help to register as a nurse. But after a year, her employer refused to support her registration and instead targeted her with a performance improvement plan based on petty accusations. She was dismissed just short of gaining unfair dismissal rights.
To make matters worse, the employer deducted £ 6,000 from her final pay under a vague repayment clause. She was left with no income, no recourse to public funds, and ineligible for modern slavery protections. She fell outside the 60-day Home Office window but luckily they did not follow up her case.
UNISON listened carefully to Maria’ s case, supported her emotionally, and provided legal assistance to pursue her former employer. The union helped her
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