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Those on the BN(O) route will have a ‘no recourse to public funds’ (NRPF) condition attached to their leave. This means they will not be able to access benefits and services classed as public funds which are set out in s115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules. They will, however, have permission to work and study. Those on the BN(O) route are entitled to access a state funded school for their children if they live in the UK.
Those on the BN(O) route will be able to apply for a change of conditions to have their NRPF condition lifted in the case of destitution or where there is a risk of imminent destitution, a risk to the welfare of a child or if the applicant is experiencing exceptional financial circumstances.
What is considered destitution in relation to the lifting of NRPF?
In line with other immigration routes across the system that allow for a change of conditions, a person is considered destitute if:
- they do not have adequate accommodation or any means of obtaining it (whether or not their other essential living needs are met).
- they have adequate accommodation or the means of obtaining it but cannot meet their other essential living needs.
- they are at risk of destitution if either or both of the above are imminent.
What is the process for BN(O) status holders who need to apply for a change of condition?
Applicants who wish to apply for a change of conditions can do so online via the following link: Change of Conditions (visas-immigration.service.gov.uk).
Advice and assistance with a change of conditions application would need to be provided by an immigration adviser registered at OISC level 1 or above. All immigration advisers in the UK must be registered with Office of the Immigration Services Commissioner or be a member of an approved professional body, for example The Law Society. Immigration advisers can help with most things to do with immigration, but they do not make immigration decisions. Check if the adviser is registered and if they charge a fee before you use them: find an immigration adviser.
No Recourse to Public Funds (NRPF Network) has also produced some resources on destitution funding, change of conditions, and Leave to Remain with NRPF.