This page applies to both non-EEA nationals with no family connection to an EEA national and to EEA nationals and their family members who are not protected by the transitional rules for people who were resident in the UK before the end of 2020.

You will be excluded from entitlement to means-tested benefits and other non-contributory benefits, such as Child Benefit, Personal Independence Payment and Carers Allowance, if you are a 'person subject to immigration control'.

This means someone where one of the following applies:

• They should have 'leave' to enter or remain in the UK (i.e. a valid visa/residence permit), but do not have it.
  • Examples include asylum seekers, people who have overstayed their visa and illegal immigrants.
• Has leave to enter or remain in the UK for a limited period on the condition that they do not have recourse to public funds.
  • This applies to most people who come to the UK to work, study, to join a partner or relative already living here, or for leisure purposes, including people arriving from EEA countries since 1 January 2021.
• Has leave to enter/remain in the UK (typically indefinite leave to enter/remain) which was only granted because another person already in the UK gave a written undertaking to be responsible for the person’s maintenance and accommodation needs.
• Has received a decision refusing or revoking leave to enter or remain in the UK, and is pursuing an appeal to a tribunal against the decision.

Exemptions to the above

Some people who are caught by the definition of 'person subject to immigration control' are still allowed to claim some benefits.

For example, people who do have leave to enter or remain in the UK with no recourse to public funds are allowed to claim most benefits if they are a national of a country that has ratified either of two Council of Europe agreements (ECSMA and the original 1961 Social Charter). This applies to Turkey, North Macedonia and all EEA countries except Bulgaria, Liechtenstein, Lithuania, Romania and Slovenia. Switzerland is not covered by these treaties either.

Even if you are covered by a Council of Europe exemption, you still cannot make a new claim for Universal Credit, which is normally the only means-tested benefit available to working age people. However, people from ECSMA/Social Charter countries who are legally in the UK (i.e. who have some kind of leave to enter or remain) and who had already claimed Universal Credit before 1 January 2021 may remain on Universal Credit for as long as they satisfy the general entitlement conditions (income, capital etc).

Residence and presence tests

Even if your immigration status allows you to claim benefits, the entitlement conditions for some benefits include requirements about residence in the UK. This includes how long a person has already lived here, and whether they intend to remain resident in the future. You will still need to satisfy the rules about being resident in the UK.

No recourse to public funds

Apart from nationals of ECSMA/Social Charter countries, those with limited leave to enter or remain in the UK subject to a ‘no recourse to public funds’ condition are not entitled to mainstream welfare benefits. If such a condition applies, it will be mentioned in your immigration document, which could be a passport stamp or sticker, a plastic photocard or, in the case of EEA nationals, an electronic document which can be viewed online by the holder and anyone s/he authorises to see it by means of a share code.

However destitute families, and adults with significant care needs who otherwise have 'no recourse to public funds' may receive financial support from Social Services in certain circumstances. Please contact your local Social Services department if you think this applies to you.

If you are an asylum seeker or failed asylum seeker, you may be entitled to asylum support via the National Asylum Support System. More information is available on the government website pages for asylum support. You may also need to seek specialist advice e.g. from an immigration solicitor.

Advisors giving advice to clients with 'No recourse to public funds'

The Child Poverty Action Group provides telephone advice to professionals regarding complex welfare benefit cases, including those involving vulnerable migrants. The CPAG also publishes handbooks of advice which are frequently updated. 

If you regularly see clients with 'no recourse to public funds' you can join the No Recourse to Public Funds network. This network provides a telephone helpline to it's members Monday - Friday 9am - 5pm, and publishes practice guidance.