The immigration process for victims of modern slavery

1. The immigrationprocess for victims of modern slavery

2. What services are available to victims of modern slavery? 1. Money/ accommodation • A victim of modern slavery who has a positive reasonable grounds decision can get financial support and accommodation while the government looks at their case. They will also get a support worker to help them. • Once they get a conclusive grounds decision (negative or positive) this support will stop. • If they are destitute they can ask for help with accommodation and money even before they get a reasonable grounds decision. The Salvation Army might be able to offer them urgent help. • If an individual has claimed asylum they can apply for asylum support which provides basic accommodation and a small amount of money.

3. What services are available to victims of modern slavery? 2. Legal aid – free advice All lawyers can tell an applicant if they might be able to get legal aid or signpost to a legal aid lawyer if they do not do this work themselves Legal aid is government money for people who cannot afford a lawyer The lawyer works for their client, not the government

4. What services are available to victims of modern slavery? 2. Legal aid – free advice (continued) • For victims of modern slavery, legal aid is available if they: • Need advice about a right to stay and they have a positive reasonable grounds decision • Need advice about a right to stay and they have a positive conclusive grounds decision • Have a claim for asylum • Want to challenge a decision that they are not a victim of modern slavery • Want to challenge a decision that they cannot get a residence permit • An individual can apply for 'exceptional legal aid' if the above options are not available and they are thinking about going into the NRM. It takes 20 working days to get a decision in most cases.

5. What services are available to victims of modern slavery? 2. Legal aid - free advice (continued) • It is a criminal offence to give immigration advice unless you are properly regulated. • When a person meets a lawyer for the first time they should bring any documents they want the lawyer to look at. They should bring proof of their income for the last month so the lawyer can check if the person can get legal aid. If they don’t bring this proof the lawyer may not be able to see them for free. They should tell the lawyer if they need an interpreter. • At the first meeting: • The lawyer should check if the client can get legal aid and fill out a legal aid form • The lawyer will ask about what has happened and what the individual wants to do • The lawyer should give initial advice and send a letter after the appointment confirming what was discussed.

6. What services are available to victims of modern slavery? 3. Healthcare • Victims of modern slavery will often have social, medical and mental health needs. • An individual with a positive reasonable or conclusive grounds decision, or who is receiving asylum support, can access all NHS services at no charge (including the hospital). • Booking an appointment at a local GP is a good first step. • The GP can also advise on any local counselling services. • Individuals seeking health care should always ask if they will be charged later for treatment before accepting it.1

7. Talking to the police • The police can help investigate whether a criminal offence has been committed against a victim. • There is no obligation on victims to cooperate with this process. It will not hurt their case as a victim of modern slavery or stop them getting support or the right to stay here if they do not want to get involved. • If a victim is given a positive reasonable ground decision, their case will automatically be referred by the Home Office to decide if the case is strong enough to consider a police investigation. • If the victim does not want any police involvement in their case, they should tell the Home Office.

8. Talking to the police • The victim can also go to the police themselves at any time to ask them to investigate a crime against them. • Less serious crimes have time limits between when they happened and when they can go to court – so if a victim might be interested in an investigation they should get more information as soon as possible to make an informed decision. • If a victim is helping in a police investigation, the victim, their lawyer or the police can ask the Home Office for a residence permit so the victim can stay while the case is ongoing.

9. Legal options for victims of modern slavery 1. Residence permits • Any victim of modern slavery with a positive conclusive grounds decision can apply for a residence permit. This permit can also be called 'discretionary leave to remain'. It usually lasts from 12 to 30 months and can be extended. • An individual cannot get a residence permit just because they are a victim of slavery. They must have one of these reasons: • Personal circumstances (this must be compelling, for example, their health needs as a victim of slavery) • They are helping police with enquiries • They are pursuing a compensation claim against the people who have exploited them. • They will need to provide evidence to support a grant of a residence permit and they can do this while they are waiting to get a decision on being a victim of trafficking.

10. Legal options for victims of modern slavery 2. EEA nationals • If an individual is from one of these countries then they are a citizen of the 'European Economic Area' (EEA): Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.2 • EEA nationals who are victims of trafficking can be granted a residence permit if they can argue that they would not be able to use their European rights of free movement. • It is important that they argue their right to a residence permit early with supporting evidence to show why they cannot work and support themselves. (So while they are waiting for a decision on being a victim of trafficking). • EEA nationals can get permanent residence in the UK if they can show they have been in the UK for five years as a worker, self-employed, self-sufficient, or as a self-sufficient student. 2 https://www.gov.uk/eu-eea

11. Legal options for victims of modern slavery 3. Domestic workers • Domestic workers come into the UK to work in private houses or for diplomats. • From 6 April 2012, domestic workers only get a six month visa and cannot apply for settlement. Anyone on domestic worker visas before April 2012 may be able to apply for indefinite leave to remain after completing five years in the UK in this category (and meeting the other parts of the rules). • Domestic workers can change employer if they are not happy with their working conditions but for people who came after April 2012 they can only change employer within the six month visa.

12. Legal options for victims of modern slavery 3. Domestic workers • Victims of modern slavery • Domestic workers who have been found by the government to have been trafficked or subjected to slavery can apply for a visa with a maximum duration of two years. This is an alternative to the residence permit. • It will let them to take full time work as a domestic worker. It allows no access to public funds. • This visa must be applied for within 28 days of the victim being told their trafficking/modern slavery identification.

13. Legal options for victims of modern slavery 4. Asylum and claims for protection • Someone scared of going back to their country can ask for protection from the UK government. A department in the Home Office called UK Visas and Immigration (UKVI) will decide a protection claim. • There are two ways to claim: • In person at the Asylum Screening Unit in Croydon on a walk-in basis, but it is a good idea to ring up before to make an appointment. • A local claim made by the Chief Immigration Officer in exceptional cases when there is a good reason why the individual cannot go to the Asylum Screening Unit.

14. Legal options for victims of trafficking 4. Asylum and claims for protection (continued) There are two interviews with the Home Office: Screening interview (initial interview) The claim starts with this interview. It lasts about one hour. The person claiming gives basic details about their background. Processing for asylum support will also start here. If an applicant asks for help with accommodation they can be housed immediately if they have nowhere else to go. Substantive interview (main interview) This is the most important interview and will last several hours. The applicant should be given an interpreter of their choice of gender and main language. The interview should be recorded if no legal aid lawyer can attend but you need to ask about this in advance. The applicant will be given a copy of a written record of interview afterwards. They should ask for at least five working days to check the record before a decision is made.

15. Legal options for victims of trafficking 4. Asylum and claims for protection (continued) Success • If the individual is granted refugee status or humanitarian protection, they will have permission to stay for five years. They will be allowed to work and claim benefits. After five years, they can apply for indefinite leave to remain. • If they are given discretionary leave to remain this will usually be for 30 months. • A biometric residence permit will be issued, which is a plastic card with the applicant’s photo and personal details on it and shows they have permission to stay.

16. Legal options for victims of trafficking 4. Asylum and claims for protection (continued) Not successful • If a protection claim is refused, the applicant can appeal to the immigration court (Tribunal). They have 14 days to do this from the date the decision was sent by the Home Office. • If the appeal is turned down the applicant can make further submissions to the Home Office. The Home Office will only accept these if the information is ‘significantly different’ to what they have seen before. If refused the only way to challenge the decision is by a process called judicial review, within three months from the date of the refusal.

17. Getting arrested Victims of modern slavery can get into trouble with the law and not feel able to explain their history to law enforcement officers or criminal solicitors helping them. • Typical criminal activities for victims of modern slavery include producing or using a fake travel or ID document, cannabis production, stealing or fraud. • The Modern Slavery Act 2015 has a defence for victims who commit an offence. The focus is on whether the victim was compelled to commit the offence, if this was due to slavery or exploitation and if someone in the same situation would have no choice but to do the same. • The outcome of a criminal case can have a big impact on an immigration case so it is important for victims to get advice at an early stage.

18. Getting arrested • Legal aid is free for anyone in the police station. The lawyer works for the victim not the police. • A victim can have a private talk with a lawyer before speaking to the police. • A suspected victim of trafficking can be referred into the NRM before a final decision is made about going ahead on the criminal case. • If a victim believes they have been wrongly convicted or sentenced they have the right to appeal.

19. Return home Some victims of modern slavery might want to go home to their country Before they make a final decision check if they want to speak to an immigration advisor about a possible right to stay in the UK. If an individual returns to their country voluntarily they might be able to get help with the cost of a flight. Some people will be able to take advantage of another scheme called 'Assisted Return' which can offer financial grants to assist someone to reintegrate into their home country.