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Asylum claim and Recourse to Public Funds
My understanding is, with a few exceptions, there is no recourse to public funds whilst someone has an asylum claim, until they are granted Refugee status.
I have a client who was previously in the UK on a dependent visa ( his wife) his relationship ended and at this point he made an asylum claim.
He has an ARC registration card that states has has right to work ( which is unusual when someone has an asylum claim?)
The card does not state No Recourse to Public Funds.
I contacted Migrant Help who stated as he has this ARC Card he is not eligible to support from them ( accommodation, limited funds), they advised to contact UKVI who could not tell me anything, other than to contact Migrant Help.
Is there a way I can find out if he has recourse to public funds so we can make a benefit application if possible?
Thanks
No recourse to public funds is a restriction placed on immigration leave (a visa) that prevent access to certain benefits. An asylum seeker couldn’t have such a restriction as they don’t have immigration leave - instead the are on immigration bail. They are prevented from accessing certain benefit by being a person subject to immigration control.
See https://www.legislation.gov.uk/ukpga/1999/33/section/115
The confusion lies in the term no recourse being commonly attached any migrant unable to access certain benefits due to their immigration status.
[ Edited: 11 Apr 2024 at 12:50 pm by RWCHAC ]Thanks for the reply, I think that still means at someone subject to Immigration Controls he is not able to access Universal Credit unless he is granted Refugee Status?