Immigration: Human Trafficking

Home Office written question – answered on 20th January 2022.

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Photo of Lord Taylor of Warwick Lord Taylor of Warwick Non-affiliated

To ask Her Majesty's Government what steps they are taking to grant leave to remain to all confirmed victims of trafficking.

Photo of Baroness Williams of Trafford Baroness Williams of Trafford The Minister of State, Home Department

The Government remains committed to ensuring that the National Referral Mechanism (NRM) provides appropriate support for victims of modern slavery to help them to recover from their exploitation. Discretionary leave is currently considered, via our non-statutory guidance ‘Discretionary leave for victims of modern slavery’ on an automatic basis, for all confirmed victims (those with a positive Conclusive Grounds decision) without immigration status. Part 5 of the Nationality and Borders Bill, currently before Parliament, focuses on modern slavery and will help to ensure that all victims are identified and supported as quickly as possible. Clause 64 sets out, for the first time in primary legislation, the circumstances in which a confirmed victim of modern slavery will be entitled to a grant of leave where it is necessary for the purpose of:

  • assisting the person in their recovery from physical or psychological harm arising from the relevant exploitation;
  • enabling the person to seek compensation in respect of the relevant exploitation; or
  • enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
The inclusion of this clause in the Bill will provide clarity for both decision-makers and victims around the circumstances in which confirmed victims qualify for temporary leave to remain.

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