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Universal Credit for people with n o recourse to public funds
Client is Nigerian. She has a Belgian/Nigerian partner. They have 4 children. They came to the country in Jan 2020 and cannot work now due to Covid-19. They are asking if they can claim benefits. Daily updates on the situation say that No recourse to public fund (NRPF) could be relaxed during this time but I have no firm information.
Question: Should I just be telling them to make a UC claim and see what happens? There is a language barrier and while she was not familiar with the phrase NRPF she said that they were not entitled to benefits.
Thank you for your answers in advance.
I’m not an immigration adviser but I am aware that some people can now apply to have the NRPF restriction listed online now. No idea if that helps in this case but might be worth signposting towards immigration advice?
From a benefits entitlement perspective though, would they have any rights to claim via the partner’s Belgian citizenship?
I’m not an immigration adviser but I am aware that some people can now apply to have the NRPF restriction listed online now. No idea if that helps in this case but might be worth signposting towards immigration advice?
From a benefits entitlement perspective though, would they have any rights to claim via the partner’s Belgian citizenship?
I’ll double check that thanks. Her partner has not been in the country for 3 months so unable to make a claim.
I would be surprised if she is here on an NRPF visa if her partner is Belgian - it is much more likely that she has come as an EEA family member as this would be far easier as a route to getting into the UK.
Any access to benefit is likely to be through him. You say that:
Her partner has not been in the country for 3 months so unable to make a claim.
However this isn’t the rule. Whether there is an entitlement to benefit will depend on his position in terms of an EU right to reside. For example, if he is working or recently left work then it still ought to be possible to get UC.
If they cannot access benefit, then they will need to speak to the childrens services department of the relevant local authority.
It may not be specifically useful to this client, but Colin Yeo’s blog has a recent update on NRPF. It doesn’t sound like that reprieve you mentioned has been enacted.
https://www.freemovement.org.uk/coronavirus/#No_recourse_to_public_funds_UPDATED_9_April