NRPF and Legal Support
Immigration Law and the No Recourse to Public Funds (NRPF) condition can be complex and difficult to understand.
Breaching the conditions set out in an individuals Visa can have significant consequences. Given this, accessing high-quality legal support, particularly immigration advice, is incredibly important. Knowing what individuals with NRPF are entitled to and when to seek support is crucial. It benefits both those seeking legal advice and third‑ and public‑sector staff supporting them.
Use the toggle below to explore the legal support landscape and its relevance to NRPF.
Although the NRPF condition doesn’t limit access to legal support, it is likely to increase the need for legal support.
The impact of NRPF on income is well documented, and many individuals may struggle to afford legal advice as a result. Many migrants report a culture of fear toward the state and its laws. This can discourage individuals from seeking support around their rights. This is disappointing and something we are working to reverse.
The number of challenges migrants are often forced to deal with throughout their journey to the UK, and while they are there, is significant.
Everyone in the UK should feel comfortable using the law to help realise their rights.
‘Immigration Advice ‘is the giving of a professional or formal opinion on an individual’s immigration situation, including all immigration applications and any conditions associated with immigration status.
A full list of ‘relevant matters’ (situations where any formal advice is seen as ‘immigration advice’) is written into the Immigration and Asylum Act 1999.
For more information, please read this recent guidance published by the Immigration Advice Authority (IAA).
The Immigration and Asylum Act 1999 defines ‘immigration services’ as representing an individual in immigration matters, either in UK court or tribunal proceedings, or in written correspondence with a government minister or department.
Immigration services are regulated by the Immigration Advice Authority (IAA). It’s a criminal offence in the UK to provide advice or services if your organisation is not regulated. The IAA has different levels of qualification. An organisation’s level of qualification determines the advice and services it can legally provide.
Second-tier advice is advice given by one advice service to another. If your organisation only provides second-tier advice) or signposts clients to other advisers, you do not need to apply for IAA regulation.
The No Recourse North East Partnership only provides second-tier advice.
For more information, please read this recent guidance published by the IAA
Visa, Change of Conditions and other legal applications are complex and challenging processes, made even harder without legal advice. Despite the availability of information online, guidance from an experienced professional is advised. Even the simplest of processes can be deceptively challenging and confusing.
The consequences of a mistake can be significant. Immigration and NRPF-related issues can affect your ability to live and work in Scotland. Given this, it is advisable to consult legal professionals.
For more information about how individuals can access legal support, see our “I am looking for legal support” page.
The list of appropriate times to seek legal advice is nearly exhaustive. It’s beneficial to receive guidance from a legal professional at every step of your journey to the UK and throughout your time there. There are certain situations where legal support is near-mandatory.
The following is a non-exhaustive of situations where legal support is highly recommended:
- You are seeking asylum in the UK
- You are seeking to make a change of conditions application to remove the NRPF condition.
- You are seeking to extend or make a new visa application to remain in the UK.
- You are seeking to make an application for Indefinite Leave to Remain (ILR) or British Citizenship for you and/or your child.
- You are experiencing domestic abuse, and you’re dependent on the abuser for financial and immigration reasons.
- Your partner, on whom you were dependent for immigration purposes, has died, or your relationship has broken down.
- You are considering whether or not to apply for benefits.
- You have been refused Section 22 local authority support for families.
- Your current visa has expired, and you have become an overstayer.
- You are in the UK on a work visa, and you have been made redundant by your sponsor
For information about when an individual with NRPF may be able to receive financial support for legal matters please visit “NRPF and Legal Support“.
Legal aid is a government-funded scheme. It provides free or subsidised legal advice, mediation, and court representation to some individuals who cannot afford the services. It is not classified as a “public fund” for immigration purposes and thus can be accessed by individuals with NRPF. Only Individuals can apply for legal aid; If a case involves a limited company or a partnership, then support is unlikely to be provided.
Legal aid can only be provided through a solicitor in Scotland; not all solicitors will offer legal aid work. Once an individual finds a solicitor who does, they will talk through the individual process and let you know whether they are likely to receive support. Solicitors may charge for the initial meeting to cover initial advice and assistance.
Anyone can apply for legal aid, but to receive support, individuals must show they cannot afford the legal fees themselves. The Scottish Legal Aid Board provides extensive guidance on what it takes into account when determining whether a person is financially eligible for legal aid.
Legal aid is normally available for cases that cover the following areas of law
- Immigration, nationality and asylum
- Housing
- Debt and welfare
- Children’s Law
The Law Society of Scotland has warned that Scotland’s legal aid system is under threat. Many legal aid solicitors are working under immense stress, are underpaid and overworked. As a result, large parts of Scotland are “legal aid deserts”, areas where legal aid is inaccessible to its residents. In the North East, there is a complete lack of legal aid solicitors offering Immigration support. This often forces migrants in the area to rely on solicitors in the central belt and virtual meetings.
We prepared a submission to the Scottish Parliament highlighting this situation with the Grampian Regional Equality Council (GREC). You can read it here.
For more information, please see the Scottish Legal Aid Board (SLAB). They are the body responsible for administering publicly funded legal assistance and advising Scottish Ministers on its development.