The Home Office has a requirement for all immigrants that stipulates they have no recourse to public funds. This has been a source of confusion for many migrants and their families and sometimes creates unnecessary hardship for some families. If have leave to remain on a spouse visa, unmarried partner visa or a civil partner visa and are worried about claiming benefits then the below information can help you understand you or your family’s entitlement. In any case of confusion or uncertainty it is best to seek professional advice to ensure you don’t breach any immigration rules.

What is No Recourse to Public Funds?

The Home Office prohibit migrants from claiming any benefits (Public Funds) when they come to the UK until they obtain ILR. Below is a list of these benefits:

• Universal Credit
• Personal Independence Payment
• Help with housing from the local authority
• Attendance allowance
• Carers allowance (previously invalid care allowance)
• Child benefit
• Council tax reduction
• Domestic rate relief (in Northern Ireland)
• Council tax benefit
• Disability living allowance
• Housing benefit
• Income support
• Income-based jobseeker’s allowance
• Income-related employment and support allowance (ESA)
• Severe disablement allowance
• Social fund payments
• Child tax credit
• Working tax credit
• State pension credit

Can I claim any benefits if my partner is on a spouse visa? – Their visa says No Recourse to Public funds

If you have Indefinite Leave to Remain or British Citizenship then your able to claim any benefits you are entitled to as long as your migrant partner or children will not increase the amount of benefits you are receiving. For instance if you are already receiving £200 per week in benefits and after your partner in added to the equation your benefits do not increase then you have no problems claiming your entitled benefits. It is important to understand that when you apply for benefits they will be in the British or ILR holders name, but the application must be filed to show that the migrant partner is part of the household as their income etc. must be taken into account.

Common questions applicants have when considering no recourse to public funds for their UK visa application

Q: I’m a British citizen or have ILR and I claimed working and child tax credits plus child benefit. Will this affect my partners ILR application?

A: No, this will not affect your partner’s application as you are entitled to these benefits as a British or settled person in the UK.

Q: I’m claiming DLA and can’t meet the financial requirements for my partner to obtain a spouse or partner visa for the UK. Is there anything I can do?

A: The Home Office have a policy that removed the financial requirement of £18,600 annual income for those on DLA benefits. They will still need to show self-sufficiency i.e. that they and their partner can survive without having to apply for more benefits due to the partner obtaining a visa.

If you find you are unsure about your entitlement or need professional assistance understanding the no recourse to public funds requirements for ILR or visa applications then contact WM Immigration