Legal Aid Scheme: Slavery

Ministry of Justice written question – answered on 20th November 2018.

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Photo of Paul Blomfield Paul Blomfield Shadow Minister (Exiting the European Union)

To ask the Secretary of State for Justice, pursuant to the Answer of 13 November 2018 to Question 188815 on Legal Aid Scheme: Slavery, whether the specific legal aid provision for victims of modern slavery and human trafficking for immigration advice and representation, including assistance with applications for leave to enter or remain, subject to means and merits testing, applies to applications for (a) permanent residence and (b) pre-settled status.

Photo of Lucy Frazer Lucy Frazer The Parliamentary Under-Secretary of State for Justice

Holding answer received on 19 November 2018

An application for a residence is not an application for leave to enter or remain and legal aid to assist with such an application is outside the scope of the legal aid scheme.

The EU Settlement Scheme will be a streamlined, user-friendly process, in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018, for resident EU citizens and their family members to obtain the UK immigration status which they will require in order to remain in the UK beyond the end of the planned implementation period on 31 December 2020. For those EU citizens who might need additional help when applying under the scheme, the Home Office has announced a grant scheme for the voluntary and community sector which will help to ensure support is available.

An individual will not need to apply to the scheme if they hold either indefinite leave to remain in the UK or indefinite leave to enter. There is specific legal aid provision for victims of modern slavery and human trafficking for immigration advice and representation, including assistance with an application for these forms of leave.

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