NRPF and Employment
The No Recourse to Public Funds (NRPF) condition has no bearing on an individual’s right to work. This right is related solely to immigration status and should be made clear in immigration documents, like an eVisa.
Working without the right to do so is a serious offence. Doing so can lead to criminal prosecution, fines and deportation, and will likely negatively affect an individual’s application for settlement. Employers are expected to face civil penalties and are likely to have their sponsorship license suspended or revoked.
If someone is working despite lacking the right to do so, it is advised that they cease employment immediately and seek legal advice.
If an individual is unsure whether they have the right to work, it is advised they seek legal advice.
Use the toggle below to learn more about the right to work, who it applies to, the situation for volunteering and more.
No Recourse to Public Funds does not affect an individual’s employment rights. A lack of access to public funds may disadvantage an individual by leaving them without the financial means or safety net to pursue legal action. Still, their rights remain the same as those of British nationals.
The Equality Act 2010 protects employees against discrimination regardless of their immigration status. If you feel that you are being discriminated against, we suggest you seek assistance from the Grampian Regional Equality Council (GREC).
The right to work in the UK is the legal entitlement for an individual to take up employment; individuals without it cannot legally work in the UK or face serious legal and financial penalties.
All employers in the UK have a responsibility to prevent illegal working. Employers are required to conduct right-to-work checks before employing anyone, regardless of their immigration status. All individuals should be provided with a reasonable opportunity to prove their right to work.
The NRPF Network publishes clear guidance as to who can and cannot work whilst in the UK here.
It’s important to remember that certain visa types may have unique conditions or rights associated with working. For example, student visas have the right to work for up to 20 hours per week, whilst Skilled Workers have no specific upper limit, unique to the general UK guidance.
People seeking asylum in the UK, or those in the UK on visitor or dependent visas may not have the right to work. Despite this, there are certain conditions where they may gain the right to work.
It is recommend that individuals in this situation seek immigration advice before starting or seeking employment.
Several visa types, most commonly the skilled worker visa, require sponsorship from a licensed employer to obtain a visa to work in the UK. The employer must issue a certificate of sponsorship (CoS) confirming that the individual is filling a skilled, eligible role that cannot be filled by a local worker. CoS’s are electronic, and the reference number is required when applying for a Visa.
Sponsoring employers must have a valid sponsor license issued by the Home Office. Roles open to sponsorship must meet specific salary and skill thresholds and usually last for a fixed period and are open to renewal. Employers are required to pay certain fees to sponsor employees and hold the relevant licenses; you can read more on that here.
The general order of operations is that an individual receives an offer of employment, then their COS and is then able to apply for their Visa to move to the UK.
Every person starting employment in the UK is required to evidence their right to work. British and Irish citizens do so by providing a form of identification like a passport or certificate of naturalisation. Individuals who are British or Irish citizen, will be expected to proof their eligibility using relevant immigration documents or a share code.
A share code is a unique, 9-character alphanumeric code used to prove your rights in the UK. Individuals can produce a share code to prove their right to rent, or work in the UK. This is done on an individual’s UKVI account. The code is valid for 90 days and can be used as many times as needed during that time.
We encourage that individuals read the Home Office’s guidance in full.
Individuals without the right to work can volunteer, but they cannot undertake “voluntary work”. Despite sounding similar, all potential volunteers must recognise the difference.
Volunteers do not have a contract, cannot substitute for an employee, cannot receive any payments, but can sometimes be reimbursed for reasonable expenses and usually support a charity or public sector organisation. Voluntary workers usually have specific obligations attached to their work, which can be considered contractual even in the absence of a formal document. Voluntary workers often have specific tasks assigned to them at specific times. They are occasionally paid, often in the form of free training, products, or services from the organisation.
For more information, read the latest guidance from the National Council for Voluntary Organisations.
NRPF does not affect an individual’s eligibility for apprenticeships. Eligibility for these programs is based on immigration status and residency
The Department of Education makes this clear: “The individual’s immigration permission in the UK may have a ‘no recourse to public funds’ condition. This does not include education or education funding, so this does not affect an individual’s eligibility, which must be decided under the normal eligibility conditions”.
To qualify for funding, non-UK nationals must have been “ordinarily resident” in the country for at least three years, with the purpose of the residence not being education. Someone who is “ordinarily resident” is defined by the Department of Education as any person who habitually, normally and lawfully resides from choice and for a settled purpose in that country. A person who is in the country unlawfully, which includes someone who has overstayed their visa, is not ordinarily resident