Introduction

COSLA’s Migrants’ Rights and Entitlements Guidance sets out the current legal framework and good practice to assist local authorities in meeting their statutory duties and delivering an effective social work response when working with people who have no recourse to public funds (NRPF). 

Local authorities also have wider responsibilities to support the integration of migrants and asylum seekers and to promote good relations within their communities. They are expected to act to reduce poverty, homelessness and discrimination experienced by anyone living in their local areas. The guidance provides additional advice on what may be needed when migrants are at risk of homelessness. 

The guidance highlights specific considerations for working with children and young people, adults with disabilities, and survivors of trafficking or domestic abuse. These may require a targeted response. The guidance will be regularly reviewed, with a view to updating it to incorporate any significant changes in policy and legislation.

The Migrants’ Rights and Entitlements guidance is available in a downloadable PDF version here, while you can download a shorter summary of key points here.

The UK Government has also published a downloadable resource on Migrant Access to Public Funds.

Eligibility for Council Housing

BN(O) migrants are not eligible for council housing. However, BN(O) migrants may apply for housing directly to a housing association, provided they do not apply to a common housing register. 

Council officers should note the wide range of statutory obligations that local authorities have towards migrants with an NRPF condition attached to their visa. These should be considered carefully when any BN(O) migrant approaches the council for assistance. This form of assistance is not considered a public fund for immigration purposes and can be provided to children and adults who are in need, regardless of their immigration status.

Find out more information on council obligations regarding housing here. 

Lifting NRPF Condition for BN(O) Migrants

COSLA has partnered with the International Organisation for Migration (IOM) to provide OISC regulated immigration advice for BN(O) migrants. This specialist immigration caseworker support is a new service that will enable Local Authority staff to refer BN(O) migrants directly to IOM caseworkers, who can help them make a Change of Conditions applications and assist with immigration-related queries.

Note: This process works best when the case is referred on by Local Authority staff (or third sector organisation working with BN(O) Migrants) to IOM. 

You will find more information about referring a BN(O) migrant to an IOM immigration advisor here.