Asked by: Beth Winter (Labour - Cynon Valley)
Question to the HM Treasury:
To ask the Chancellor of the Exchequer, whether his Department has made a recent estimate of the financial support it can offer local authorities in Wales to support them with the costs of the no recourse to public funds restriction.
Answered by Laura Trott - Chief Secretary to the Treasury
Funding for local authorities in Wales is a devolved matter, and it is for the Welsh Government to allocate their resources as they see fit in this area. The Welsh Government are accountable to the Senedd for their spending decisions.
Asked by: Beth Winter (Labour - Cynon Valley)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment his Department has made of the impact of no recourse to public funds on (a) children from black and ethnic minority backgrounds and (b) children with British citizenship who have parents that were born outside the UK.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Home Office is committed to the continuous review of the NRPF policy and officials are working with a wide range of stakeholders, including other government departments, the devolved administrations, and third sector organisations to develop a greater understanding of how children are directly and indirectly affected by parents / carers being subject to an NRPF condition.
The Government published an overarching Equality Impact Assessment on the Compliant Environment measures, of which the No Recourse to Public Funds (NRPF) is part. The impact of the policy on children has been considered as part of this assessment: Compliant environment: overarching equality impact assessment - GOV.UK (www.gov.uk).
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if his Department will make an assessment of the potential impact of No Recourse to Public Funds on people who are (a) destitute and (b) facing destitution.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Home Office is committed to the continuous review of the NRPF policy and are engaging with public and private sector organisations on a regular basis to understand the impacts of the NRPF condition.
The Government published an overarching Equality Impact Assessment on the Compliant Environment measures, of which No Recourse to Public Funds (NRPF) is part; Compliant environment: overarching equality impact assessment (accessible) - GOV.UK (www.gov.uk).
In general, temporary migrants are expected to support themselves and any accompanying family members in the UK without recourse to public funds. This is a well-established principle that protects taxpayer-funded public services from becoming overburdened.
Nonetheless, there are important safeguards in place for those in genuine need. Migrants with permission under the Family or Private Life routes, or the Hong Kong British National (Overseas) routes, can apply, for free, to have their NRPF condition lifted by making a ‘Change of Conditions’ application. An individual on these routes can apply to have their NRPF condition lifted if they are destitute or at risk of imminent destitution, if there are reasons relating to the welfare of a relevant child, or where they are facing exceptional circumstances affecting their income or expenditure.
For all other immigration routes (other than Family or Private Life, or the Hong Kong BN(O) routes), the general expectation is that they will return to their home country should they become unable to meet their essential living needs in the UK. If there are particularly compelling circumstances why leaving the UK is not possible, discretion can be used to consider if the circumstances justify access to public funds.
Local authorities may also provide basic safety net support, regardless of immigration status, if it is established either that there is a risk to the wellbeing of a child or there is a genuine care need that does not arise solely from destitution: for example, where a person has community care needs or serious health problems. Support provided to a child by local authorities is not dependent on the immigration status of the child or their parent(s).
Migrants with NRPF who have paid the necessary National Insurance contributions or have relevant periods of employment or self-employment, can claim contributory benefits and statutory payments such as New Style Jobseekers Allowance, Statutory Sick Pay, and the State Pension.
Asked by: Bell Ribeiro-Addy (Labour - Streatham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will make an assessment of the potential merits of allowing migrant victims of domestic abuse to access support from (a) police and (b) statutory services.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
Victims are entitled to access services under the Victims Code regardless of their resident status, including support services. They are rightly able to access statutory services irrespective of their immigration status and the Immigration and Asylum Act 1999. As an example, the statutory guidance for the Duty to Provide Safe Accommodation under Part 4 of the Domestic Abuse Act is clear that this provision is for all victims of domestic abuse, including migrant survivors with insecure immigration status.
The government has kept the range of support under review and have made recent changes.
We allocated up to £5.6 million from April 2021 until March 2025 for the Support for Migrant Victim Scheme, which provides a support net for migrant victims of abuse with no recourse to public funds. And we have expanded access to the Migrant Victims of Domestic Abuse Concession (MVDAC) to partners of workers or students, giving 3 months recourse to public funds whilst they potentially apply for an appropriate immigration status or return to their country of origin if it is safe for them to do so.
Asked by: Bell Ribeiro-Addy (Labour - Streatham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will make it his policy to introduce a strategy to fund specialist services to support victims of violence that are (a) disabled, (b) an ethnic minority, (c) a religious minority, (d) identify as being LGBTQIA+ and (e) with no recourse to public funds.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Home Office and Ministry of Justice have committed to a joint 'by and for' fund for services across England and Wales. The fund is providing £5.9m to organisations supporting marginalised groups affected by violence against women and girls (VAWG) over two years to March 2025. This includes organisations supporting victims from ethnic minority backgrounds, disabled victims, and LGBT victims. ‘By and for’ services are specialist services that are led, designed, and delivered by and for the users and communities they aim to serve.
Additionally, Police and Crime Commissioners receive annual grant funding to commission local victim services, including specialist 'by and for' services, based on an assessment of local needs.
Asked by: Stephen Timms (Labour - East Ham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answers of 25 November 2022 to Question 93420, 1 December 2022 to Question 97406 and 19 October 2023 to Question 203428, by what date he expects the Atlas caseworking system will provide further information on the number of applicants having the No Recourse to Public Funds condition attached to their Leave to Remain.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
Transition of in-country casework to ATLAS is underway and will become the default caseworking system for in-country casework routes by June 2024.
Following transition of in-country casework, ATLAS will therefore become the primary source of MI, including No Recourse to Public Funds, by mid-June 2024.
Asked by: Apsana Begum (Labour - Poplar and Limehouse)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment his Department has made of the impact of the no recourse to public funds status on (a) homelessness, (b) poverty, (c) access to healthcare and (d) violence against women and girls.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The Government published an overarching Equality Impact Assessment on the Compliant Environment measures, of which the No Recourse to Public Funds (NRPF) is part, earlier this year: Compliant environment: overarching equality impact assessment (accessible) - GOV.UK (www.gov.uk).
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Department for Education:
To ask the Secretary of State for Education, if her Department will make an assessment of the potential impact of including working parents subject to the No recourse to public funds condition in the extended 30 hours childcare offer for three- and four-year-olds on (a) maternal and (b) parental participation in the labour force.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
This government is making the largest investment in childcare in England’s history. By the 2027/28 financial year, the government will expect to be spending in excess of £8 billion every year on free hours and early education. It will provide hard working parents 30 hours of free childcare per week (38 weeks per year) for children aged 9 months to until they start school. This represents the single biggest investment in childcare in England ever.
The department does not hold data on the numbers of 3- and 4-year-old children who are not eligible for 30 hours because their parents have no recourse to public funds, and what proportion of those children have British citizenship.
The expanded working parent entitlement, which will be rolled out in phases from April 2024, will be available to working parents who meet the eligibility criteria. These will be the same as the current 30 hours offer for 3- and 4-year-olds.
The free childcare entitlements for the children of working parents are not within the definition of ’public funds’ in the Immigration and Asylum Act 1999 or the Immigration Rules. However, there are requirements in the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 for the parent, or one of the parents, not to be subject to immigration control. This means that where both parents have no recourse to public funds, they will not be eligible for the entitlements. However, if there are two parents and just one of them is subject to immigration control the family will still be eligible for the entitlements, provided they meet the other conditions.
Parents with no recourse to public funds are, however, able to access the 15 hours free early education entitlement available for all 3 and 4-year-olds and, if eligible, 15 hours free early education for disadvantaged 2-year-olds. In September 2022, the department extended eligibility for the 2-year-old entitlement to disadvantaged families who have no recourse to public funds. This is because these entitlements are intended to support children's development and help prepare them for school.
The government has no current plans to extend the free childcare entitlements offer for working parents to families with no recourse to public funds.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Department for Education:
To ask the Secretary of State for Education, if her Department will make an assessment of the potential merits of amending the eligibility criteria for the extended 30 hours childcare offer for three and four year-olds to migrant parents with any immigration status who are resident in the UK, have the right to work and who work the requisite number of hours.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
This government is making the largest investment in childcare in England’s history. By the 2027/28 financial year, the government will expect to be spending in excess of £8 billion every year on free hours and early education. It will provide hard working parents 30 hours of free childcare per week (38 weeks per year) for children aged 9 months to until they start school. This represents the single biggest investment in childcare in England ever.
The department does not hold data on the numbers of 3- and 4-year-old children who are not eligible for 30 hours because their parents have no recourse to public funds, and what proportion of those children have British citizenship.
The expanded working parent entitlement, which will be rolled out in phases from April 2024, will be available to working parents who meet the eligibility criteria. These will be the same as the current 30 hours offer for 3- and 4-year-olds.
The free childcare entitlements for the children of working parents are not within the definition of ’public funds’ in the Immigration and Asylum Act 1999 or the Immigration Rules. However, there are requirements in the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 for the parent, or one of the parents, not to be subject to immigration control. This means that where both parents have no recourse to public funds, they will not be eligible for the entitlements. However, if there are two parents and just one of them is subject to immigration control the family will still be eligible for the entitlements, provided they meet the other conditions.
Parents with no recourse to public funds are, however, able to access the 15 hours free early education entitlement available for all 3 and 4-year-olds and, if eligible, 15 hours free early education for disadvantaged 2-year-olds. In September 2022, the department extended eligibility for the 2-year-old entitlement to disadvantaged families who have no recourse to public funds. This is because these entitlements are intended to support children's development and help prepare them for school.
The government has no current plans to extend the free childcare entitlements offer for working parents to families with no recourse to public funds.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Department for Education:
To ask the Secretary of State for Education, what estimate her Department has made of the number and proportion of three and four year old (a) children and (b) children with British citizenship who are not eligible for the extended 30 hours of childcare offer because their parents work the required number of hours but have no recourse to public funds.
Answered by David Johnston - Parliamentary Under-Secretary (Department for Education)
This government is making the largest investment in childcare in England’s history. By the 2027/28 financial year, the government will expect to be spending in excess of £8 billion every year on free hours and early education. It will provide hard working parents 30 hours of free childcare per week (38 weeks per year) for children aged 9 months to until they start school. This represents the single biggest investment in childcare in England ever.
The department does not hold data on the numbers of 3- and 4-year-old children who are not eligible for 30 hours because their parents have no recourse to public funds, and what proportion of those children have British citizenship.
The expanded working parent entitlement, which will be rolled out in phases from April 2024, will be available to working parents who meet the eligibility criteria. These will be the same as the current 30 hours offer for 3- and 4-year-olds.
The free childcare entitlements for the children of working parents are not within the definition of ’public funds’ in the Immigration and Asylum Act 1999 or the Immigration Rules. However, there are requirements in the Childcare (Free of Charge for Working Parents) (England) Regulations 2022 for the parent, or one of the parents, not to be subject to immigration control. This means that where both parents have no recourse to public funds, they will not be eligible for the entitlements. However, if there are two parents and just one of them is subject to immigration control the family will still be eligible for the entitlements, provided they meet the other conditions.
Parents with no recourse to public funds are, however, able to access the 15 hours free early education entitlement available for all 3 and 4-year-olds and, if eligible, 15 hours free early education for disadvantaged 2-year-olds. In September 2022, the department extended eligibility for the 2-year-old entitlement to disadvantaged families who have no recourse to public funds. This is because these entitlements are intended to support children's development and help prepare them for school.
The government has no current plans to extend the free childcare entitlements offer for working parents to families with no recourse to public funds.