Watchdog hands UK Government lowest ranking for failing to uphold migrant rights

Áine Fox, Press Association Social Affairs Correspondent

Britain’s rights watchdog has given the UK Government its lowest ranking for failing to uphold the rights of migrants and asylum seekers in line with United Nations (UN) recommendations.

In March last year the UN recommended the UK Government review benefits access for this group to ensure the rules do not “expose migrant households to a higher risk of poverty and precarity”.

But the Equality and Human Rights Commission (EHRC) has raised concerns over a move made just a few months later which proposed even tighter restrictions on benefits access to people settling in the UK.

The regulator said: “Instead of revising rules which do not allow many migrants to access social security (‘no recourse to public funds’) when they may need it – in line with the UN’s recommendations – the Government has consulted on proposals to extend no recourse to public funds conditions to people granted indefinite leave to remain in the UK.”

Indefinite leave to remain gives non-British nationals the right to live, work and study in the UK for as long as they like and to apply for benefits if eligible.

People with no recourse to public funds (NRPF) cannot claim most benefits, tax credits or housing assistance that are paid by the state.

A Government Home Office consultation published in November 2025, entitled A Fairer Pathway to Settlement, asked “whether the law should be changed so that it would be possible to make settlement subject to a ‘no recourse to public funds’ condition”.

It said this way “new migrants granted settlement would continue to be unable to access specified benefits in line with existing visa conditions” and that this would “have the effect of shifting the default position on access to benefits to citizenship rather than settlement”.

The regulator also noted the Government had revoked a legal obligation to provide support to asylum seekers who would otherwise be destitute, replacing it with a discretionary power to offer support, and ended a programme designed to help refugees with employment skills so they could find work.

The watchdog ranked the Government as having taken “inconsistent action” – the lowest ranking on its human rights tracker – meaning it judged it to have taken action which does not align with the UN’s recommendations.

EHRC chairwoman Mary-Ann Stephenson said: “Everyone in the UK is covered by its human rights framework, regardless of their citizenship or immigration status.

“But our human rights only work when they protect each and every one of us, including migrants and asylum seekers.

“When the Government fail to protect the rights of one group, it puts everyone’s rights at risk.

“Economic, cultural and social rights are the bedrock of our day-to-day lives.

“We all want to know that those rights will be respected, so we have a fair chance at finding a job and access to a social security system to protect us when times are hard.

“Among the UN’s recommendations are steps that the Government could be taking to improve how people arriving in this country settle and contribute to it.

“Which should accelerate their integration into society and improve social cohesion in our communities.

“That’s why we are calling on the UK Government to implement the outstanding recommendations for promoting economic, cultural and social rights in full, ahead of the UN’s follow-up review next year.”

The EHRC’s assessments are based on evidence up to the end of June.

The commission noted some positive steps on upholding rights, including maintaining free English language lessons for some refugees and asylum seekers, and Government strategy which the regulator said commits to supporting cohesion and helping migrants integrate in their communities.

A Home Office spokesperson said: “We will always provide sanctuary to those who genuinely need it. We take the safety and wellbeing of asylum seekers extremely seriously.

“The Home Secretary has overhauled Britain’s immigration system to restore fairness and control to our borders while reducing the burden on local communities. We are closing every asylum hotel, bearing down on dangerous small boat crossings and delivering record-high removals of individuals illegally in the UK.”

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