The Home Office has recently updated its guidance concerning leave to remain for victims of trafficking and modern slavery by announcing a temporary suspension of all decisions related to recovery from harm. The exact reason for this pause is unclear, but it may be due to ongoing litigation, the need for direction from the new government, or both.
Presently, Temporary Permission to Stay for Victims of Human Trafficking or Slavery (VTS) can be obtained where the relevant Competent Authority has made a positive conclusive grounds decision that an individual is a victim of modern slavery, and the Home Office consider leave is necessary in order to:
1. Assist the person in their recovery from any physical or psychological harm arising from the relevant exploitation – Section 65(4)(a) of the Nationality and Borders Act (NAB) makes it clear that permission to stay is not necessary for this purpose if the Secretary of State considers that the person’s need for assistance is capable of being met in either a country of which the person is a national or citizen or a country which is one to which the person may be removed in accordance with an agreement between that country and the UK.
2. Enable the person to seek compensation in respect of the relevant exploitation – Section 65(4)(b) of the NAB Act makes it clear that permission to stay is not necessary for this purpose if the Secretary of State considers that the person is capable of seeking compensation from outside the UK and it would be reasonable for the person to do so in the circumstances
3. Enable the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation
The updated guidance now includes the following notice: ‘We are pausing all decisions that consider grants of temporary permission to stay for victims of human trafficking or slavery (VTS) until further notice. This is a temporary pause whilst we consider our approach to granting VTS where there is a need to assist in recovery from physical or psychological harm with regards to the victim’s experience of exploitation.’
Our thoughts
This suspension may cause concern among those who have been waiting for many years for a decision on their trafficking leave. However, it is possible that this pause will lead to a revised approach, which would be a positive development given the significant challenges and low approval rates currently faced by survivors seeking leave under the existing rules.
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