Those arriving on the BN(O) visa need to provide evidence that they can afford living costs for at least 6 months. Our engagement with Hongkongers who have arrived in Scotland highlights suggests that many are struggling to find suitable and affordable accommodation, due to both high demand and the challenges of securing a tenancy without a UK credit rating. 

Council officers should therefore be aware that despite the NRPF condition attached to the BN(O) visa, Hongkongers may approach their local authority with housing needs.

The following statutory obligations and safeguarding responsibilities should be considered when evaluating approaches made to the council: 

• Social services’ duties to safeguard the welfare of children may be engaged when a person or family with NRPF is prevented by their immigration status from accessing social security benefits and requires accommodation and financial support to alleviate destitution.
• Social services’ assistance is not a public fund for immigration purposes and therefore can be provided to children and adults who are in need, regardless of their immigration status. 
• When a family with NRPF is at risk of homelessness, it may be necessary to provide interim accommodation and financial support whilst a community care or GIRFEC assessment is being carried out. 
• The requirement to undertake a GIRFEC assessment is based on an appearance of need and is not dependent on the parent’s immigration status or whether the parent has a pending immigration application. 
• Section 22 of the Children (Scotland) Act 1995 requires local authorities to assist the family as a whole; offering to accommodate the child alone or taking the child into care will rarely be an appropriate response in the absence of any safeguarding concerns, in addition to the risk to the child arising from the parent’s lack of housing and income.
• When the local authority identifies that accommodation or financial support is needed to protect a child’s welfare, the authority cannot refuse to provide it, regardless of immigration status.
• In determining what support to provide to an NRPF family, the local authority should be mindful that the purpose is to safeguard the child’s welfare, by alleviating any risks caused by the parent’s exclusion from mainstream social security benefits. The local authority should take proper account of the suitability and sustainability of any informal support, for example from friends, family or a third sector organisation.

You can find more information about delivering an effective social work response for people with No Recourse to Public Funds (NRPF) in the Migrants’ Rights and Entitlements Guidance. This detailed resource sets out the current legal framework and good practice to assist local authorities in meeting their statutory duties. 

In addition, council officers should be