Are Student "Migrants" Eligible for Welfare (Benefits) in the United Kingdom?

The United Kingdom has a complex welfare system designed to support those in need. It is believed by many British Nationals that student "migrants" who move to the UK are eligible for benefits. The answer depends on various factors, including immigration status, residency, and the type of benefit in question. This blog post will provide a detailed explanation of welfare eligibility for student "migrants" in the UK, helping to clarify who qualifies and under what conditions.

Understanding Welfare in the UK

The UK welfare system consists of different types of benefits, including:

• Means-tested benefits (e.g., Universal Credit, Housing Benefit, and Income Support)
• Non-means-tested benefits (e.g., Personal Independence Payment and State Pension)
• Contributory benefits (e.g., Jobseeker's Allowance and Employment and Support Allowance)
• Local authority support (e.g., council housing and discretionary hardship payments)

Each of these benefits has specific eligibility requirements, and for migrants, the rules are stricter due to residency and immigration status regulations.

Eligibility Based on Immigration Status

Migrants' access to welfare benefits in the UK is determined largely by their immigration status. Below are the main categories and how they affect eligibility:

1. British Citizens and Settled Status Holders

Migrants who have obtained British citizenship or indefinite leave to remain (ILR) have the same access to welfare benefits as UK-born citizens. They can apply for all benefits, including Universal Credit and Housing Benefit, provided they meet other eligibility criteria such as income and employment status.

2. EU, EEA, and Swiss Nationals

Since Brexit, EU, EEA, and Swiss nationals must apply for the EU Settlement Scheme (EUSS). Those with settled status have full access to welfare benefits. Those with pre-settled status may qualify for certain benefits, but they must prove their right to reside under specific conditions.

3. Refugees and Asylum Seekers

• Refugees (those granted asylum in the UK) are eligible for welfare benefits on the same terms as British citizens.
• Asylum Seekers (those awaiting a decision on their asylum claim) generally do not have access to mainstream benefits. Instead, they may receive limited financial support under Section 95 of the Immigration and Asylum Act 1999, which provides a small weekly allowance and accommodation.

4. Work Visa Holders and Other Temporary Migrants

Migrants on work visas, student visas, or temporary visas typically have a condition called No Recourse to Public Funds (NRPF) attached to their visa. This means they cannot claim most state benefits, including Universal Credit and Housing Benefit.

5. Family Members of British Citizens or Settled Persons

Non-UK family members of British citizens or settled individuals may have restrictions based on their visa type. If they have ILR or have lived in the UK for a qualifying period, they may be eligible for benefits.

Key Benefits and Migrant Eligibility

Below is a breakdown of major welfare benefits and whether migrants can claim them:

1. Universal Credit

• Available to British citizens, ILR holders, and refugees.
• EU citizens with settled status can claim.
• Those with pre-settled status must meet additional residence conditions.
• Not available to NRPF visa holders or asylum seekers.

2. Housing Benefit and Council Housing

• British citizens, ILR holders, and refugees can apply.
• EU citizens with settled status qualify.
• Asylum seekers and NRPF visa holders do not qualify, but asylum seekers may receive housing through the Home Office.

3. Child Benefit

• Available to British citizens, ILR holders, and refugees.
• EU citizens with settled status qualify.
• NRPF visa holders are not eligible.

4. Jobseeker’s Allowance (JSA)

• Available to those with ILR, refugee status, or settled status.
• EU citizens with pre-settled status may qualify under specific conditions.
• NRPF visa holders and asylum seekers are not eligible.

5. Personal Independence Payment (PIP) and Disability Benefits

• Available to all individuals who meet residency requirements, including some NRPF visa holders.
• Asylum seekers do not qualify.

Local Authority Assistance

In some cases, migrants who are ineligible for mainstream benefits may receive support from local councils. This includes:

• Emergency housing for homeless individuals.
• Social services support for families with children under Section 17 of the Children Act 1989.
• Discretionary hardship payments for individuals in extreme financial need.

No Recourse to Public Funds (NRPF) Exceptions

Some migrants with NRPF may still qualify for limited support, including:

• Government-funded employment support (e.g., furlough payments during the COVID-19 pandemic).
• Statutory Sick Pay (SSP) if they are employed and eligible.
• Contributory benefits if they have paid enough National Insurance contributions.

Conclusion

The eligibility of migrants for welfare in the UK depends largely on their immigration status and residency conditions. British citizens, ILR holders, and refugees have full access to benefits, while those with temporary visas or asylum seekers face significant restrictions. However, some local authority support and special provisions may still be available for those in extreme need.

Understanding the rules surrounding welfare benefits is essential for migrants planning to settle in the UK. If you are unsure about your eligibility, seeking professional legal advice or guidance from a welfare rights organization can help clarify your situation.