Personal Immigration

NRPF impacts on the lives of children

An immigration law – no recourse to public funds – that denies the children of some UK immigrants access to basic support has left them facing dire consequences and is leading to malnourishment, sickness and a range of mental health problems, according to a new report by the charity Unity Project.

“No recourse to public funds (NRPF) is a condition imposed on someone due to their immigration status.”, says the Unity Project.  This policy could impact on immigration cases involving Article 8.

Article 8 is relevant to many immigration law cases and has particular significance in UK immigration appeal cases involving children because of the importance of family life to a child’s development, health and well-being.

A decision by the Home Office may be affected by a person’s Article 8 rights to respect for private or family life. This could apply even when a person’s right to remain has not been qualified under domestic law, for example, in cases such as the following:

– A person is an overstayer

– A person is an illegal entrant

– A person is an asylum seeker or a failed asylum seeker.

If a person resides in the UK and is from the EU or EEA, it is possible that if they have NRPF, they could still get support from public funds. The EEA includes EU countries and also Iceland, Liechtenstein and Norway. This may also apply if you are from Switzerland.

This will be dependent on UK migration rules and there are a number of things claimants will need to prove about their lives, including:

1. Their ‘right to reside’

2. That they are ‘habitually resident’

3. That they meet the necessary measures for the benefits they are claiming – for example, they have an illness or are destitute.

If they are already in receipt of benefits from another EEA country they may continue to claim certain benefits such as Universal Credit – that is if they are working and living within the UK.

When applying for benefits in the UK, claimants will be required to give details about any assistance they’re getting from another country, including how much money they receive.

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