PARLIAMENTARY WRITTEN QUESTION
Migrants: Children (2 September 2022)

Temporary migrants are generally required to support themselves and any accompanying family members, including children, in the UK without recourse to public funds. This is a well-established principle which protects taxpayer-funded public services from becoming overburdened.

There are, nonetheless, strong and important safeguards in place to ensure migrants receive support where they are destitute, at risk of destitution, or have community care needs, including issues relating to human rights or the wellbeing of children.

People with leave under the Family, Private life and Human Rights routes that engage Article 8 of the European Convention on Human Rights, and those who have been granted leave on the Hong Kong British National (Overseas) route can apply, for free, to have their NRPF condition lifted by making a ‘change of condition’ application. An individual can apply if they are destitute or at risk of imminent destitution, if the welfare of their child is at risk due to their low income, or where there are other exceptional financial circumstances.

Section 17 of the Children Act 1989 imposes a general duty on local authorities to safeguard and promote the welfare of “children in need” in their area. Support provided to a child by local authorities under Section 17 of the Children Act 1989 is not dependent on the immigration status of the child or their parent(s).

Local authorities may also provide basic safety net support, regardless of immigration status, if it is established there is a genuine care need which does not arise solely from destitution, for example, where they are community care needs, migrants with serious health problems or family cases where the wellbeing of a child is in question.

Status holders who have made the necessary national insurance contributions can also claim contributory benefits such as contribution-based Jobseekers Allowance, statutory sick pay and state pension.