If the person with a NRPF condition is a parent of a child in the UK, they should seek advice about whether the condition could be lifted in order to protect their child's welfare.
This is because of a 2021 High Court judgement.
In  EWHC 1085 (Admin), the High Court ruled that the government's ‘no recourse to public funds’ (NRPF) policy unlawfully fails to safeguard and promote the welfare of children.
The High Court quashed the judgement in In ST & Anor v Secretary of State for the Home Department  EWHC 1085 (Admin) (29 April 2021), to impose NRPF on a South African parent of a British child.
Lady Justice Laing concluded that paragraph GEN1.11A of Appendix FM to the Immigration rules (which states when the NRPF will/will not be applied to a parent or child) does not fully comply with the requirements of section 55 of the Borders Citizenship and Immigration Act 2009 to ensure that any functions or services in relation to immigration have regard to the need to safeguard and promote the welfare of children in the UK.If a non EEA national with a child has been told they have No Recourse to Public Funds they should seek advice from a registered immigration adviser as soon as possible.
Section 55 Duty regarding the welfare of children
(1)The Secretary of State must make arrangements for ensuring that—
(a)the functions mentioned in subsection (2) are discharged having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom, and
(b)any services provided by another person pursuant to arrangements which are made by the Secretary of State and relate to the discharge of a function mentioned in subsection (2) are provided having regard to that need.
(2)The functions referred to in subsection (1) are—
(a)any function of the Secretary of State in relation to immigration, asylum or nationality;
(b)any function conferred by or by virtue of the Immigration Acts on an immigration officer;
(c)any general customs function of the Secretary of State;
(d)any customs function conferred on a designated customs official.(3)A person exercising any of those functions must, in exercising the function, have regard to any guidance given to the person by the Secretary of State for the purpose of subsection (1)..