Human Trafficking and Modern Slavery
UK Human Trafficking and Modern Slavery Victims
The Illegal Migration Act 2023 has reshaped the landscape of UK immigration law, presenting new challenges for survivors of modern slavery and human trafficking. In 2024, Axis Solicitors remains at the forefront of these changes, providing expert legal guidance to victims.
We will fiercely advocate for your rights, secure access to support services, and relentlessly pursue the justice you are entitled to under the new legal framework.
Human Trafficking and Modern Slavery Overview
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.
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.
Exploitation takes many forms, and individuals who have been trafficked often face complex immigration challenges. They require specialised legal guidance, representation, and unwavering support throughout the entire process.
Modern Slavery and Human Trafficking in the UK
In the UK, the Metropolitan Police defines Modern Slavery as the illegal exploitation of individuals for personal or commercial gain, encompassing abusive practices such as sexual exploitation, domestic servitude, forced labour, and human trafficking.
As a nation, the UK has a clear legal obligation to protect victims, as outlined in the Council of Europe Convention on Action against Trafficking in Human Beings. The National Referral Mechanism (NRM) plays a crucial role in identifying and supporting potential victims.
At Axis Solicitors, our extensive experience in immigration and asylum law has exposed us to the devastating reality of human trafficking and modern slavery. While we firmly believe in seeking justice through the legal system, our primary focus is on empowering victims – who have endured unimaginable exploitation and vulnerability.
Our services for victims include:
- Pursuing immigration claims and appeals
- Protecting your right to remain in the UK
- Filing judicial review applications against unfair public authority decisions
- Challenging NRM referral denials
- Securing the release of unlawfully detained victims
- Applying for indefinite leave to remain and asylum in the UK
Victims of Modern Slavery and Human Trafficking
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 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 legal services and support through confidential telephone and video consultations, utilising a secure video or messaging platform of your choice to accommodate your needs.
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, to ensure your rights are upheld, by becoming recognised as a victim.
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 confidential and secure legal consultations and services to seek justice and protect your rights as a victim.
Legal Support for Victims
Our primary objective is to ensure our clients receive the support they are entitled to. When victims are denied necessary state support, we step in to compile a portfolio of evidence for a compelling legal case, to safeguard your well-being and human rights.
We can:
- Pursue immigration claims
- Protect right to remain in the UK
- Initiate judicial reviews
- Challenge NRM referral decisions
- Secure release of unlawfully detained victims
- Apply for indefinite leave to remain
- Apply for asylum when appropriate
We offer a free initial consultation to analyse your options and suggest a legal strategy, should you wish to proceed. Please contact our team to learn more about what we can do to help you as a victim.
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 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.
FAQ: Modern Slavery & Human Trafficking
What is Modern Slavery and Human Trafficking?
Modern slavery refers to the exploitation of individuals through coercion, deception, or abuse of vulnerability. Human trafficking, a subset of modern slavery, involves transporting or forcing individuals into exploitative situations, often across borders. In the UK, the Modern Slavery Act 2015 defines and criminalises these practices.
How Can I Identify if I am a Victim of Modern Slavery?
Signs include being forced to work against your will, controlled by an employer or trafficker, threats of harm if you leave, unpaid or unfair wages, and restricted movement or communication.
Can I Stay in the UK if I am a Victim of Human Trafficking?
Yes, victims of trafficking may be granted temporary permission to remain in the UK. This is known as Discretionary Leave to Remain. However, recent changes under the Illegal Migration Act 2023 have made this process more challenging
Consulting with one of our experienced immigration solicitors often proves to be invaluable for trafficking survivors seeking to remain in the UK.
What Support is Available for Victims of Modern Slavery?
Victims can access a range of services, including legal support, housing, healthcare, and psychological support. The UK’s National Referral Mechanism (NRM) helps identify and support victims
Can I Claim Compensation as a Victim of Trafficking?
- Yes, victims of human trafficking in the UK may be able to claim compensation for the exploitation and harm they have suffered. This can be pursued through civil claims or by applying to the Criminal Injuries Compensation Authority. Schedule a free confidential consultation with one of our solicitors specialising in modern slavery cases to provide tailored guidance on seeking compensation.
We Help Victims!
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Are you a victim of human trafficking seeking legal support in the UK? Axis Solicitor’s expert immigration solicitors are dedicated to helping survivors achieve successful outcomes.
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