Understanding Public Funds for Skilled Worker Visa Holders (Health & Care Sector)

What Are Public Funds?

In UK immigration law, "public funds" refers to a specific list of welfare benefits and housing support provided by the state. Individuals on temporary visas, including Skilled Worker and Health and Care Worker visas, are typically subject to the condition known as "No Recourse to Public Funds" (NRPF). This means they are legally prohibited from accessing these public benefits during their stay in the UK.

The list of restricted public funds is outlined in the UK Immigration Rules, specifically under the "Public Funds" appendix. UK Government: Public Funds

Benefits Not Allowed Under NRPF

1. Universal Credit

A monthly benefit to help people with living costs if they are unemployed or on low income.

Example:
Sarah, a care assistant whose work hours were reduced, cannot claim Universal Credit to supplement her income while on a Health and Care Worker visa.

2. Housing Benefit

Support to help individuals pay rent.

Example:
Moses, a hospital porter, pays high rent in London but is not eligible for Housing Benefit due to his visa status.

3. Income Support / Income-Based JSA or ESA

Means-tested benefits for those with low or no income.

Example:
Priya, a maternity care worker, cannot apply for Income Support during her unpaid leave.

4. Personal Independence Payment (PIP) / Disability Living Allowance (DLA)

Benefits for individuals with long-term physical or mental disabilities.

Example:
Amir, who developed severe arthritis, is ineligible for PIP under the NRPF rule.

5. Carer’s Allowance

Paid to individuals who care for someone at least 35 hours a week.

Example:
Anna, caring full-time for her elderly parent, cannot apply for Carer’s Allowance as a Skilled Worker.

6. Council Tax Reduction

Discounts on council tax for people with low income.

Example:
John, a healthcare support worker, pays full council tax despite earning minimum wage.

7. State Pension Credit

An income supplement for low-income pensioners.

Example:
Elena, nearing retirement but still under Skilled Worker status, cannot receive Pension Credit.

8. Homelessness Assistance / Social Housing

Assistance from local councils for individuals facing eviction or homelessness.

Example:
Tariq, evicted by his landlord, is not eligible for council housing or homelessness assistance.

Benefits Permitted Under NRPF (Not Classified as Public Funds)

1. Statutory Sick Pay (SSP)

Paid by employers when an employee is unable to work due to illness.

Example:
Grace, a nurse, receives SSP from her NHS employer while recovering from a serious illness.

2. Statutory Maternity, Paternity, Adoption, and Shared Parental Pay

Paid leave entitlements provided through employers.

Example:
Linda, a senior carer, receives Statutory Maternity Pay during her leave.

3. Maternity Allowance

A benefit for those who do not qualify for Statutory Maternity Pay, often available to newly employed or self-employed workers.

Example:
Chinwe, a new healthcare assistant, qualifies for Maternity Allowance after not meeting criteria for SMP.

4. New Style Jobseeker’s Allowance (JSA)

Available to people who have paid sufficient National Insurance contributions.

Example:
Martin, a care home employee made redundant, receives New Style JSA while seeking new work.

5. New Style Employment and Support Allowance (ESA)

Support for people unable to work due to health conditions, based on NI contributions.

Example:
Ravi, diagnosed with a chronic illness, qualifies for ESA due to his contribution record.

6. State Pension (contribution-based)

Paid to those who reach pension age and have made the necessary National Insurance contributions.

Example:
Fola, who worked for many years under a Skilled Worker visa and gained ILR, receives a UK State Pension upon retirement.

Notes for Health and Care Worker Visa Holders

Although Health and Care Worker visa holders are exempt from paying the Immigration Health Surcharge and have access to NHS services, they are still subject to the NRPF condition. This means they cannot claim public funds such as Universal Credit or Housing Benefit.

Example:
James, a care worker displaced after a fire, cannot access homelessness assistance or social housing but can receive NHS care without charge.

What to Do Instead

1. Plan Financially
   Build emergency savings and budget carefully, as there is no access to income-based public assistance.

2. Check National Insurance Contributions
   Ensure you are paying into the NI system, which unlocks access to non-public fund benefits like ESA and JSA.

3. Explore Community and Council Support
   Some councils and charities offer discretionary funds, food support, or grants that are not classed as public funds.

4. Pursue ILR When Eligible
   After five years, many Skilled Worker visa holders can apply for Indefinite Leave to Remain (ILR), which lifts the NRPF restriction.

Consequences of Accessing Public Funds When Not Eligible

1. Breach of Visa Conditions

Claiming public funds violates the conditions of your visa and may lead to its cancellation.

Example:
Esther, who applied for Universal Credit during financial hardship, had her Skilled Worker visa curtailed for breaching immigration conditions.

2. Impact on Indefinite Leave to Remain (ILR)

Your ILR application could be denied if you are found to have claimed public funds during your qualifying period.

Example:
Omar, a nurse who received Housing Benefit two years prior, was refused ILR despite otherwise meeting all requirements.

3. Risk of Deportation

Persistent or deliberate claims may be considered fraud or deception, leading to removal proceedings.

Example:
Karim, who ignored warnings and continued to receive Council Tax Reduction, faced deportation proceedings due to repeated breaches.

4. Claims by Dependants or Joint Applications

If your name appears on a joint benefit claim (e.g., Universal Credit with a British spouse), the Home Office may treat this as access to public funds.

Example:
Grace’s ILR application was delayed after she was listed on her British husband’s Universal Credit claim.

Conclusion

For Skilled Worker and Health and Care Worker visa holders, understanding and complying with the NRPF condition is essential. While you can still access important employer-based and contribution-based benefits, public welfare support is restricted. Failing to comply can severely affect your visa status, future residency, and your long-term plans in the UK.

Being well-informed and cautious ensures you stay compliant with immigration laws and are prepared for eventual settlement and citizenship.

If you find yourself in circumstances where you are unable to support yourself financially, there may be means to amend your visa conditions by applying for a Change of Conditions. Book a consultation with one of our solicitors for detailed advice on this using THIS LINK

Need Help?

If you need expert legal advice or guidance, we are more than happy to help you at Tulia.

Please use the following link to book a consultation with us CLICK HERE

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