Rethink the Borders Bill and stop thousands more people from being pushed into poverty, destitution and homelessness
46 leading homelessness and migrants rights charities have written to ministers warning that Clause 11 of the Nationality and Borders Bill risks pushing thousands more people fleeing conflict and persecution into poverty, destitution and homelessness every year.
The charities are calling for an urgent rethink as MPs prepare to consider the Bill again on Tuesday 22nd March, following a string of government defeats in the House of Lords. This included a complete rejection of Clause 11 of the Bill.
Clause 11 would create a second class of refugees who would be penalized because of the way they travelled to the UK. It would extend the use of the No Recourse to Public Funds (NRPF) policy to anyone who travels independently to the UK in search of safety, denying them access to a safety net. [1]
The group of organisations point to strong evidence that this will expose an additional 3,100 people to risk of destitution and homelessness every year. This will add to the thousands of people already experiencing these problems every year.
Applying these conditions to refugees, many of whom have experienced trauma and may have particular mental and physical health care needs, is particularly harmful, and exposes them to additional risks of modern slavery and exploitation.
Josephine Whitaker-Yilmaz, Praxis’ Policy and Public Affairs Manager, had this to say:
“The war in Ukraine vividly reminds us that people fleeing conflict can’t wait weeks for new visa schemes to be set up. Everyone in this situation has a right to long-term safety, and the UK approach to immigration and asylum should reflect its proud history of welcome – instead of pushing yet more people into destitution.
The situation in Ukraine highlights the need for a compassionate response when people are fleeing violence that does not create extra bureaucracy and restrictions, which make it harder for people to move forward with their lives.”
Bridget Young, NACCOM CEO, had this to say:
“In the NACCOM network alone we see around 3,000 people each year who experience destitution and homelessness because their immigration status prevents them from accessing the right support and public funds. We need an asylum and immigration system that is fair and humane and would prevent people from falling into destitution in the first place. Clause 11 of the Nationality and Borders Bill would do the opposite by pushing more refugees into poverty and homelessness, which is why we are joining with so many other organisations to call for it to be scrapped.
Matt Downie, Chief Executive at Crisis, said:
“People fleeing conflict are seeking safety and shouldn’t ever be left at risk of homelessness because they’re prevented from accessing the support they need. Without a proper safety net such as having a safe and secure place to live, people dealing with the horrific traumas of war will be at risk of being forced into homelessness and exposed to the risk of modern slavery and exploitation. This goes against the Government's commitment to ending rough sleeping and must be addressed through the upcoming bill to ensure even more people are not left paying the devastating human cost of these policies.”
List of Signatories
Sally Daghlian OBE, CEO, Praxis
Matt Downie, CEO, Crisis
Polly Neate, CEO, Shelter
Bridget Young, Director, NACCOM
Rick Henderson, CEO, Homeless Link
Abi Brunswick, Director, Project 17
Denise McDowell, Chief Executive, Greater Manchester Immigration Aid Unit
Barbara Drozdowicz, CEO, East European Resource Centre
Sonya Sceats, Freedom from Torture
Steve Douglas, CEO, St Mungo’s
Satbir Singh, CEO, Joint Council for the Welfare of Immigrants (JCWI)
Sian Summer-Rees, CEO, City of Sanctuary
Paul Hook, Director, Asylum Matters
Jenni Regan, CEO, iMix
Nicole Francis, Chief Executive, Immigration Law Practitioners' Association (ILPA)
Beth Gardiner-Smith, CEO, Safe Passage
Jude Lancet, Welfare Advisor, Haringey Migrant Support Centre
Sonja Miley and Maddy Crowther, Co-Executive Directors, Waging Peace
Jared Hodgson, CEO, Hope at Home
Rebecca Kogan, Project Coordinator, Host Nottingham
Ros Holland, Chief Executive, Boaz Trust
Stuart Hearne, Director, Islington Law Centre
Annie Viswanathan, Director, Bail for Immigration Detainees (BID)
Dave Stamp, Senior Caseworker, Asylum Support and Immigration Resource Team (ASIRT)
Sophie Beech, Homeless Migrant Project Manager, South London Refugee Association (SLRA)
Nicola Wood, Charity Manager, Swindon City of Sanctuary
Eleanor Brown, Managing Director, Community Action for Refugees and Asylum Seekers
Beth Wilson, CEO, Bristol Refugee Rights
Liz Hibberd, Strategic and Partnership Lead, Manchester City of Sanctuary
Annika Joy, Chief Executive, Safe in Scotland
Dr Edie Friedman, Executive Director, Jewish Council for Racial Equality
Steve Newman, Chair, Friends of the Drop in for Asylum Seekers, Sunderland (FODI)
Sarah Teather, Director, Jesuit Refugee Service UK
Fizza Qureshi, CEO, Migrant Rights Network
Jonjo Warrick, Reading City of Sanctuary and Reading Refugee Support Group
Elli Free, Room to Heal
Kat Lorenz, Director, Asylum Support Appeals Project (ASAP)
Karen Pearse, Director, PAFRAS
Kerry Smith, CEO, The Helen Bamber Foundation
Loa Pour Mirza, Ubuntu Women’s Shelter
Nicholas Hatton, CEO, the3million
William Gomes CEO, The William Gomes Podcast
Ged Allen, Volunteer Director, Refugees & Mentors CIC
Amber Bauer, CEO, forRefugees
Jo Cobley, CEO, Young Roots
[1] Refugee Council 2021, New Plan for Immigration – Impact Analysis
Policy Notes
No Recourse to Public Funds
No Recourse to Public Funds (NRPF) is a government policy which prevents millions of people who have made the UK their home from accessing most forms of public support, even when they are experiencing crisis. The policy is applied based on a person’s immigration status, to people in one of two categories: (i) those who have permission to live and work in the UK on the condition that they don’t access public support (estimated 1.3M people), and (ii) those without legal permission to be in the UK (estimated 650,000 people).
No Recourse to Public Funds prevents people from accessing most publicly funded forms of support, including but not limited to child benefit, housing benefit, universal credit and free school meals. The condition deprives people of a safety net when the worst happens – loss of a job, an accident, domestic violence, illness or even death can remove a family’s entire income, pushing families into deep poverty.
While many people with No Recourse to Public Funds are working, those on low incomes or in precarious jobs are pushed into destitution because they cannot access benefits designed to top up incomes and prevent in-work poverty. Even those who are unable to work, for example due to care responsibilities, are denied access to government support.
Families and individuals affected by NRPF are therefore more likely than the general population to be living in destitution, often for extended periods, putting them at high risk of homelessness, exploitation and abuse.
Clause 11 of the Nationality and Border Bill
Clause 11 of the Nationality and Borders Bill introduces the idea of differential treatment by dividing refugees into two classes based on how they arrived in the UK. Those who have made their own way to this country will be given an inferior form of protection with more limited rights, compared to those who’ve arrived through government-sanctioned routes.
In reality, almost all refugees in the UK will end up with second class status because of the tiny number of people who can usually qualify for government resettlement programs.
For anyone who has travelled to the UK by their own means and had their asylum claim recognized this Bill could:
Limit the amount of time they are given permission to stay to just 30 months, after which they will have to reapply for permission and could be removed from the country;
Require a person to wait for a decade before being able to apply for permission to stay in the UK permanently;
Deny them access to any form of public safety net for the duration of this period, through the No Recourse to Public Funds policy;
Prevent them from reuniting with family members;
Potentially make them liable to pay administrative fees for each and every application they are required to make (fees which currently cost £1,600 every 2.5 years).