Frequently Asked Questions

The term’ public funds’ has a specific meaning in immigration law and does not include all services funded by public money. Instead, ‘public funds’ are a collection of listed welfare benefits. It is important to note that the NRPF condition applies only to public funds listed by the Home Office.

This list is long and changes regularly; for this reason, we do not break it down on this page. Instead, you should view the Home Office’s dedicated page.

The NRPF condition does not affect an individual’s right to work. This right to work is tied to visa status and should be clearly stated in immigration documents, such as an e-visa. The NRPF Network publishes clear guidance focusing on who can and cannot work whilst in the UK.

Working without the right to do so is a serious offence. Doing so can lead to criminal prosecution, fines and deportation, and will likely affect your future. Employers face civil penalties and may have their sponsorship license suspended or revoked.

We provide more related information on the ‘NRPF and Employment’ page.

Individuals without the right to work can volunteer, but they cannot undertake “voluntary work”. Although they may sound similar, all potential volunteers must recognise the difference. 

Volunteers do not have a contract, cannot substitute for an employee, and cannot receive any payments. Volunteers can sometimes be reimbursed for reasonable expenses. They usually support a charity or public-sector organisation.

Voluntary workers usually have specific obligations attached to their work. These 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.

All children, regardless of their immigration status, can receive a state school education whilst they are of school age. There are very few exceptions, but full information can be found in COSLA’s Migrants’ Rights and Entitlements Guide.

Government-funded early education and childcare in Scotland is not classed as a ‘public fund’ for immigration purposes. It can be accessed by a child or their parent, regardless of their immigration status. Funded ELC of up to 30 hours/week for all 3-4-year-olds and eligible 2-year-olds is available to all families in Scotland. Children receiving funded early learning and childcare will also receive a free meal on the days they attend. Families with No Recourse to Public Funds may be eligible for support such as Free School Meals and School Holiday Meals Payments.

For more information, please visit the ‘NRPF and Families‘ page.

Children born in the UK are not automatically British citizens. A child will gain British citizenship at birth if they are born in the country to a parent who is either a British citizen or has a form of settled status at the time of birth. Children born outside the UK may become British citizens by descent, but this depends on the route their parents take to citizenship.

A child who is not British by birth may still be able to register as a British citizen. Children who can register include:

• Children born to a parent who becomes British or is settled in the UK before the child turns 18
• Children born in the UK before 1 July 2026 to a British or settled father who was not married to the child’s biological mother.
• Children born in the UK and who have lived here until they were at least 10 years old.

The Home Office has the power to register any child as a British citizen. However, these cases are rare, and any potential applicant will require extensive legal support to do so

For more information on citizenship, we recommend reading the Government’s guidance on the topic. 

Eligibility for benefits can be complex when family members hold different immigration statuses. The general rule is that any individual with recourse to public funds can still access public funds. However, they will usually be unable to claim additional amounts on behalf of family members with NRPF.

Exceptions to this rule are rare, and  are set out in the Home Office’s guidance on public funds. 

We can use Universal Credit as an example. Usually, both members of a couple are expected to make a claim together. Each will have their own accounts, and the two claims are then linked to calculate support most accurately. If one partner has NRPF, the other partners will claim as a single person. The UC rate will not take the other partner into account; the eligible partner will be paid the single-person basic standard amount. However, both the non-eligible partners’ income and capital are taken into account in the calculation.

If you are in a mixed household, it is best that you seek advice before making any claim to ensure that no member of the family violates the NRPF condition.

Individuals and families with NRPF facing certain circumstances can receive financial and housing support from their local council. Social care is not considered a public service and is accessible to people with NRPF.

There are certain provisions written into legislation, such as Section 12 of the Social Work (Scotland) Act 1968 and Section 22 of the Children (Scotland) Act 1995, that make the legality of this support clear.

The criteria for this support are very particular, with the threshold of need incredibly high. If you are facing destitution and have NRPF, especially if you have a family or additional needs, it is advised that you contact your local council’s adult and/or child social work teams. Once there, these teams can assess your eligibility for support. A person should not be refused an assessment or assistance solely because they have no recourse to public funds, as the condition does not affect their eligibility for social services support.

Below is a simple breakdown of Sections 12 and 22.

Section 12 of the Social Work (Scotland) Act 1968 gives local councils a duty to provide support to people who are homeless and destitute and who have additional needs – for example, because they are disabled, elderly, or have a physical or mental illness. This support can include housing and financial help. The threshold is very high. If someone’s problems come only from being destitute, with no other care or health needs, they are unlikely to receive support. Support under Section 12 is not a public fund for immigration purposes, so people with No Recourse to Public Funds (NRPF) may be able to access it if they meet the strict criteria. You should contact your local council’s adult social work team if you believe you may qualify.

Section 22 of the Children (Scotland) Act 1995 requires local councils to protect the welfare of ‘children in need’ in their area. A child is likely to be ‘in need’ if their family is homeless or does not have enough money to meet basic needs like food and clothing. The council may have a duty to provide accommodation and financial support to the whole family. They cannot advise a family to return to their country of origin if there is a legal or practical barrier to returning. Support under Section 22 is also not a public fund, so families with NRPF can access it if the child’s needs meet the threshold. When a council decides that support is needed to meet a child’s needs, it cannot refuse to provide it. Offering to take the child into care alone is rarely appropriate unless there are additional safeguarding concerns. You should contact your local council’s children and families social work team for help.

For more information on please read the dedicated sections (7, 8 and 9) in COSLA’s Migrants’ Rights and Entitlements Guide.

Landlords cannot legally evict a tenant by simply asking them to leave or by changing the locks, even if the tenant is in rent arrears. Landlords must follow a defined legal process, and you have the right to defend your tenancy. Shelter Scotland’s advice makes the process and your rights clear.

NRPF does leave individuals ineligible for homelessness and housing benefits under the Housing (Scotland) Act 1987. Homelessness assistance is considered a public fund.

To learn more about the relationship between NRPF and Housing, see view the ‘NRPF and Housing‘ page.

Yes, if you have NRPF, you still ask for help from charities based and working in the UK.

Charities can provide food, essential items, and support without violating immigration conditions. Staff at these charities should be aware of NRPF and its implications for their work. If you have been turned away due to NRPF, please get in touch with us; this is an opportunity for us to offer training to the relevant parties.

However, people with NRPF may be ineligible for charitable support. Some charitable services are funded by public funds. Some charitable services are available only to recipients of certain benefits, which are often public funds. If in doubt, it is best to ask the charity for reassurance that public funds do not fund their services.

All of the charities and support options listed on our resources page are accessible to people with No Recourse to Public Funds.