Confused about NRPF

Hi,

I need a bit of help/guidance about NRPF.

I am a UK citizen and invited my mother-in-law to live with us in the UK in 2016. Her original application was refused but that was overturned on appeal at the end of 2017 on human rights grounds. She arrived in the UK in February 2018. Her residence card shows indefinite leave to remain outside of the rules. There is no mention of NRPF on the back. She is 76 and almost blind and with multiple health issue.

At the time we originally applied I gave the standard undertaking to support my mother in law financially however due to the pandemic I am now only working 2 days per week and struggling financially myself.

Having read the guidance it appears to say
"Where an applicant does not meet the requirements of this Appendix as a partner or parent but the decision-maker grants entry clearance or leave to enter or remain outside the rules on Article 8 grounds, the applicant will normally be granted entry clearance for a period not exceeding 33 months, or leave to enter or remain for a period not exceeding 30 months, and subject to a condition of no recourse to public funds unless the decision-maker considers that the person should not be subject to such a condition."

My mother in law resident card shows valid until Dec 2024

So my question are does my mother in law have no restrictions on NRPF?
If she does have NRPF would that always be stated on her residence permit?
Does the fact that I signed a maintenance agreement apply anyway for 5 years?
How to check her NRPF status?

I have read that I can apply to the home office to have her status varied, but there is no reason to do that if NRPF does not apply. We are considering she applies for Pension Credit but don't want to make an application if NRPF are in place without first requesting it is removed.

She will be > 5 years some time around Feb 23, which is still some time ahead.

Any guidance much appreciated

Mark

fdcapital wrote: ↑

Sat Jun 19, 2021 9:34 pm

At the time we originally applied I gave the standard undertaking to support my mother in law financially however due to the pandemic I am now only working 2 days per week and struggling financially myself.

A Maintenance Undertaking for an adult dependant relative is a five year prohibition from that dependant claiming public funds.

Can your wife work the other five days that you are not working,as you will be at home and can be with your mother-in-law?

Amazon and warehouses seem to be hiring: it's a boom time for them.

Have you looked at what benefits you can claim while you are looking for work?

How much state pension does your mother-in-law receive from her own country?

Her state pension is $50 per month so hardly anything.

"A Maintenance Undertaking for an adult dependant relative is a five year prohibition from that dependant claiming public funds."

Yes that is what I understood, but there is no mention on NRPF on her resident permit which suggests to me that her ILR has been granted without that condition applying. That is my question.

I am looking for technology related work as that is my profession, working two days per week is leaving me with a big financial whole which unskilled work won't fill, hence looking at all options including a Pension Credit claim for my mother-in-law

A maintenance undertaking is a written pledge given by a friend or family member, under UK immigration rules, to be responsible for your financial support and accommodation. If you are granted immigration leave to enter or remain in the UK as a result of a maintenance undertaking, you are defined as a person subject to immigration control and as a result you will not be able to claim some welfare benefits for 5 years, unless the person who gave the undertaking has died.
https://www.turn2us.org.uk/Jargon-buste ... ndertaking

Thanks - I understand about Maintenance undertakings, but my question is how to tell if that is a condition of my mother-in-laws residence permit, as in other threads on the internet the wording "No public funds" appears, that is not the case with my mother-in-laws resident permit.

Also it appears that that restriction can be lifted if an application is made, which we are prepared to do if it is in place.

fdcapital wrote: ↑

Sun Jun 20, 2021 8:06 am

Her state pension is $50 per month so hardly anything.

A 76 year old won't be eating much and there won't be any extra running costs to the house when your wife is at home all day anyway.

What benefits are you and your wife (if she can take benefits) receiving while you both look for work/more hours? Universal Credit requires both to work.

I don't receive any benefits other than the Child benefit one £140 monthly. I am not eligible for any others, my wife works but is not a high earner.

I have a large mortgage of £2,700 monthly so benefits would not help much. As I work two days per week, I earn more than the threshold for WTC etc

My question is a specific one

How to tell in NRPF is a condition of my mother-in-laws resident permit?

I can ring the home office and ask for confirmation but wanted to know if the wording always appears on resident permits, or if a maintenance agreement is in place it is normal to have no mention of NRPF on the resident permit.

Some benefits are paid to those who have a Maintenance Undertaking, but then that money could be claimed back from the person who gave the Maintenance Undertaking. You would need to check as that wouldn't help you financial situation atm, which seems to be finding the money to pay your large monthly mortgage payments.

You are right that you won't get any help from benefits towards mortgage payments.
However, you may be earning to much for for WTC, but what about Child Tax Credit now that your earnings have decreased? That has a higher threshold.

The welfare payment Tax Credit has ended for new claimants and been replaced by Universal Credt and that has a child element. UC might be better for you than Tax Credit was anyway as UC has a monthly assessment period, rather than the yearly one Tax Credit had (where a worker like you would find they have to pay back all their Tax Credit benefit money at the end of the year as they exceeded the annual TC threshhold).

Put your details into the benefit calculator on the link I gave above, to Turn2us. Here is their calculator
https://www.turn2us.org.uk/Jargon-buste ... ndertaking

Have you also looked at getting the Council Tax Reduction benefit now that your income is lower? You apply for that from your local council.

Here are the links for other benefit calulators. People have been reporting that they are accurate.
https://www.gov.uk/benefits-calculators

Who cannot use them

You cannot use the calculators if you’re under 18, and they will not give accurate results if you’re:

a prisoner
a student
not a British or Irish citizen
on strike
living outside the UK
living permanently in residential care or a nursing home


Note also that the extra £20 a week due the pandemic, is due to end in October.

JB007 wrote: ↑

Sun Jun 20, 2021 9:06 am

Put your details into the benefit calculator on the link I gave above, to Turn2us. Here is their calculator
https://www.turn2us.org.uk/Jargon-buste ... ndertaking

Wrong link. Here is their benefit calculator
https://benefits-calculator-2.turn2us.org.uk/

Thanks - I checked the calculator my entitlement is £nil.

Problem is I earn more than the threshold but my takehome after tax is less than my Mortgage and Council tax which is why I have an issue working reduced hours. We have three kids also.

Covid has really messed up the hospitality industry which is where my tech skills are focussed on.

Can anyone clarify my query about NRPF? Thanks?

fdcapital wrote: ↑

Sun Jun 20, 2021 9:44 am

Can anyone clarify my query about NRPF? Thanks?

https://www.gov.uk/government/publications/public-funds

Public Funds

Immigration staff guidance for how to make decisions about what UK public funds foreign nationals can claim and what action it must take if they claim funds they are not entitled to.

Read from page 17.

Yes thanks - but that is not my question.

My questions are

What is my mother in laws current immigration status with respect to NRPF?
How do I check that?
Her resident permit makes no reference to NRPF so does that mean she can claim?
Does someone with NRPF always have that stamped on their resident permit?

It's this part of the guidance that I am questioning

What are public funds for immigration purposes?For immigration purposes, benefitsand servicesclassed as public funds are set out in s115 of the Immigration and Asylum Act 1999 and at paragraph 6 of the Immigration Rules.With a few exceptions, people who require immigrationpermission(including those who do not have permission)are generally subject to an NRPF condition attached to their permissionto enter or stay.Migrantswith NRPF areusuallynot entitled to access the taxpayer funded benefits and services set outat s115 and rule 6.Thosewho claimpublic fundsdespite being subject to an NRPF conditionmay be committing an offence in law and can be liable to having their immigration permission curtailed and any further immigration applications refused

Its the "generally subject to" that I am confused about.

We signed a maintenance agreement but the application was refused. On appeal that decision was overturned and immigration allowed on Human rights grounds.

In that case are we one of the few exceptions?

Or do resident permits in our circumstances never mention NRPF?

I'm still unsure what you are trying to achieve here?

Did you realise that even if they do discount your Maintenance Undertaking before 5 years (which seems like a long shot) the welfare state won't give her Housing Benefit to pay rent to her daughter and son-in-law? And that the weekly amount she got in Pension Credit, you could earn in less 2 days at the hourly national minimum wage of £8.91?

You are only working 2 days a week and if you work another 4 days just at the hourly national minimum wage, that is more than double the weekly Pension Credit she could have?