Human Trafficking and Modern Slavery
Human Trafficking and Modern Slavery Victims
At the end of January 2023, new rules on residing in the UK as a victim of trafficking or modern slavery came into force. These provide the opportunity for recognised victims to be granted permission to remain in the UK in certain circumstances.
Victims of Trafficking and Modern Slavery
If you have suffered from exploitation or abuse in your Home Country or in the UK, you may have the opportunity to seek protection by making a claim to the Home Office as a victim of human trafficking and modern slavery. This option may also be available as a pathway if you have endured sexual exploitation.
Understanding Modern Slavery and Human Trafficking
Modern slavery is a term that encompasses a wide range of exploitation categories, including human trafficking, sexual exploitation, forced labour, debt bondage, domestic servitude, involvement in criminal activities, child labour, child sexual exploitation, and coerced or early marriage.
Seeking Protection and Support
Human trafficking and modern slavery are serious crimes that violate fundamental human rights. The UK government recognises these abuses and offers support to victims.
Here are a few signs to establish that you may be a victim:
- Forced Labour: Being transported somewhere against your will to work.
- Deceived Employment: Lured into work under false promises about the job’s nature or pay.
- Coercion: Forced to work without your consent.
- Exploitation: Not paid for your labour or paid unfairly.
- Restriction of Freedom: Your movement and social interactions are controlled by someone else.
- Excessive Work Hours: Working very long hours without reasonable breaks.
If you identify these signs, you could be a victim of human trafficking or modern slavery. The UK government may offer you leave to remain, which gives you temporary permission to stay as you receive protection and an opportunity to recover.
Please contact our team to explore the possibility of making such an application and to understand if your situation may fall under this or any other relevant categories. We provide support through confidential telephone and video consultations, utilising a variety of video and messaging platforms to accommodate your needs.
Help for Victims of Human Trafficking and Modern Slavery
We understand the trauma and complexities faced by victims of modern slavery and human trafficking. Our specialised team offers sensitive, fearless legal support in enforcing your rights.7
Your Rights as a Trafficking Victim
As a recognised victim of trafficking, you are entitled to significant protections under both Domestic and International Law. Our solicitors possess expertise in these legal areas, ensuring your rights are upheld.
What We Can Do For You
- Explain your legal rights in clear, understandable terms.
- Guide you through complex legal processes.
- Advocate tirelessly to secure the protections you deserve.
The Modern Slavery Act 2015
Modern Slavery Victims and their Rights
The Modern Slavery Act 2015 is a critical piece of legislation designed to identify and protect victims of modern slavery. This Act provides a clear legal framework for addressing allegations of modern slavery, especially in the context of human trafficking within the realm of immigration. These allegations often surface in asylum applications or among individuals who have entered the UK as domestic workers.
When there is suspicion that an individual may be a victim of modern slavery, their situation is referred to the National Referral Mechanism (NRM). For those entangled in immigration issues, a specialised team within the Home Office takes charge of their cases. This process begins with a ‘Reasonable Grounds Decision’ to determine if the individual might be a victim. Following this initial assessment, a more thorough investigation is conducted, culminating in a ‘Conclusive Grounds Decision’ to confirm whether the individual is indeed a victim of modern slavery.
When evaluating an ongoing asylum application, a determination of Conclusive Grounds regarding modern slavery, whether affirmative or negative, does not directly dictate the outcome of the asylum claim. This is due to the fact that the standards and criteria for granting asylum differ from those applied to ascertain if an individual has been subjected to modern slavery.
If the issue of modern slavery is examined independently of an asylum application, a positive Conclusive Grounds determination can result in the granting of Discretionary Leave or another form of leave to remain. Conversely, it might also lead to the denial of any form of leave, necessitating the individual’s return to their home country.
Our professional solicitors are dedicated to supporting victims of modern slavery and trafficking throughout their immigration journey, offering expert legal assistance with modern slavery matters.
Our Legal Services
We provide comprehensive legal representation for individuals who have been victims of human trafficking.
Our services include:
- Preparing and Submitting immigration claims on behalf of victims.
- Ensuring, wherever feasible, your right to remain in the UK is protected.
- Initiating appeals against unfavourable decisions by public bodies.
- Contesting non-referral decisions to the National Referral Mechanism (NRM)
- Facilitating the release of individuals unjustly detained under immigration laws.
- Applying for leave to remain in the UK.
- Seeking asylum in the UK under relevant circumstances.
Axis Solicitors Can Help
Supporting Victims at Axis Solicitors
Trafficking and modern slavery cases are incredibly complex, and legal decisions around them often lack clarity. If you have been a victim of trafficking or slavery, there are legal avenues to get help. You may want to remain in the UK, report crimes committed against you, or seek compensation for what you have endured.
For individuals who have endured trafficking, the law offers several avenues for support and justice. Whether you are seeking to remain in the UK temporarily or permanently, report instances of violence to law enforcement, or pursue compensation for injuries sustained, there are legal options available to you.
At Axis Solicitors, we guide our clients through these challenging processes, significantly enhancing the likelihood of a successful outcome for both trafficking-related decisions and immigration filings. Our dedication lies in sensitively and assertively advocating for your rights.
Our role is to guarantee that our clients receive the assistance they are legally entitled to. In instances where victims lack necessary state support, we intervene to formulate a robust case in your defence.
Our Legal Services
We provide comprehensive legal representation for individuals who have been victims of human trafficking. Our services include:
- Challenging Negative Decisions: Contesting rulings by authorities that fail to recognise your status as a trafficking victim.
- Demanding Thorough Investigations: Ensuring proper investigations into suspected trafficking cases.
- Protecting Victims from Unjust Prosecution: Representing victims facing prosecution, working to uphold their rights and prevent wrongful convictions.
- Pursuing Civil Damages: Legal action against individual perpetrators to secure compensation for our clients.
- Instructing Medical Experts: If you have suffered mentally due to the trauma, then we can assist in arranging medical help.
Let Us Help You!
Request a call back from an expert.
Axis Solicitors Limited has experienced solicitors who can help you with your matters for a successful outcome.
Contact us for immediate advice via phone or contact form.