Do Illegal Immigrants Get Benefits in the UK?

Will the UK Government Allow Me to Claim Benefits If I Am in the UK Without Legal Permission?

Benefits and similar support are only available to individuals who have legal permission to be in the UK. 

Illegal immigrants or asylum seekers whose asylum appeal has not yet been granted or whose application has been rejected will not be entitled to claim any benefits, despite some misinformation circulating that says otherwise. To become eligible, illegal immigrants must seek to obtain legal permission to stay in the UK which might happen through general asylum appeals or other schemes such as the Windrush scheme, where applicable.

Asylum seekers who are successful in their asylum appeals will be granted refugee status and will then be able to claim benefits and other support that is normally available to UK nationals. 

You should understand that the eligibility to apply for asylum may vary greatly and will depend on your personal circumstances and why you have found yourself in the UK without valid permission. It is important that you try and obtain legal immigration status, as there may be consequences if you are found to be in the UK illegally without adequate reason or sufficient show of desire to cooperate with UK immigration policies.

What Does It Mean to Have No Recourse to Public Funds?

No recourse to public funds or NRPF is a condition issued to individuals who are not entitled to claim public funds or otherwise receive welfare benefits. This usually applies if you are subject to immigration control, which means that you are an illegal immigrant or asylum seeker and have not yet received refugee status or have had your asylum application rejected.

If you have no recourse to public funds, you will not be eligible to receive the kind of support that is otherwise available to recognised individuals in the UK. It is best that you seek legal support from an immigration lawyer to figure out how you may apply for a change of status or appeal a rejection, should you have been previously unsuccessful.

Are There Any Exceptions?

While there are no true exceptions to an NRPF condition, the Home Office works to protect the humanitarian rights of individuals and there are some options in place to support asylum seekers. As part of this, those who are eligible to claim asylum in the UK may be able to benefit from support with housing and finances on a temporary basis but you should note that you will not be able to decide where this might be. Temporary accommodation may be anything from a flat or house to a hotel or bed and breakfast.

You should note that anyone in the UK will be entitled to benefit from essential services such as the NHS, fire services, or the police regardless of their permissions or status. If you are in need of critical care, do not hesitate to seek help.

Financial Support for Asylum Seekers

Asylum seekers may also receive a limited amount of financial support to help with food and necessities. This is usually £49.18 per person per week, which is awarded in the form of an ASPEN card or Asylum Support Enablement Card, which is a prepaid debit card. Should you have been housed in an accommodation that provides food, this amount will be reduced to £8.86 per person. 

There will be no additional cash support and the ASPEN payment card is only available to those also receiving housing support. There may be extra support offered if you are pregnant or have a young child.

If refugee status is awarded to an asylum seeker they will not be permitted to continue staying in the dedicated housing for asylum seekers.

If You Have Been Refused Asylum

If you have been unsuccessful in your asylum petition, you might still be eligible for support. In this case, you may continue to receive the aforementioned payments, provided that you continue to receive housing support too. The specific support you might be eligible for depends on your individual circumstances, your reasons for seeking asylum and why you might have been rejected. This is not intended as anything more than a temporary solution and you should strive to obtain legal permission to be in the UK or seek somewhere safe where you may be granted asylum. Our team of immigration lawyers at IAS can help you with this. You can call us today at +44 (0)333 305 9375 to receive immediate support.

What Options Do I Have If I Am in the UK Without Leave to Enter or Remain?

If you are in the UK without valid permission, you should take steps to apply for one. Depending on your circumstances, this might mean that you should apply for asylum to become officially recognised as a refugee.

If you immigrated to the UK from a commonwealth region before 1973 or if you came to the UK before the 31st of December in 1988 you may be eligible to receive documentation under the Windrush scheme. The same holds true for children, grandchildren, or other close family members of individuals who qualify as being part of the Windrush generation. Eligible individuals may be entitled to additional forms of support and may even be able to claim additional compensation for losses

How Can IAS Help?

If you or a loved one is in the UK and has no legally recognised status, it is advisable to seek legal support to explore your options. Our team of highly specialised experts at IAS will be able to help you understand your rights and what you might be able to do to improve them.

We understand that being an illegal immigrant in the UK can be a very vulnerable experience and will be happy to support you on your journey towards more certainty and support. You can call us today at +44 (0)333 414 9244 to speak with a dedicated immigration lawyer who will help you navigate this process.