UK Immigration for victims of Human Trafficking - Eligibility, Documents and Application

Human trafficking is when a person is recruited, moved, or taken in for exploitation, such as forced begging/work, sexual exploitation, domestic servitude by the use of force, threat, fraud, or other manipulative methods. 

People who have experienced modern slavery/human trafficking can apply for permission to stay in the UK through a distinct “temporary permission to stay in the UK for victims of human trafficking or slavery” route. This route is to allow victims of modern slavery, including human trafficking, and their children, temporary permission to stay. This route is not the same as the asylum claim route. 

This route allows for extension but does not lead to a settlement.

Victims of Human Trafficking - General requirements for VTS (Victims of Trafficking – Temporary Permission to Stay)  

To begin, a FRO (First Responder Organisation), such as police forces or the National Crime Agency, must refer a person (a potential victim of human trafficking) to the NRM (National Referral Mechanism). Additionally, specific public authorities, such as the police force or the Home Office immigration officer, are legally required to notify the Secretary of State (UK) of any person identified as a suspected victim of human trafficking/modern slavery.

Once referred to the NRM, it is considered by the relevant Competent Authority, which determines and recognises whether a potential victim of human trafficking is a confirmed victim.

A person applying for permission to stay as a victim of Human Trafficking or Slavery must already be formally recognised as a victim. However, a person will not qualify for VTS (Temporary Permission to Stay) solely because a Competent Authority (either the SCA (Single Competent Authority) or the IECA (Immigration Enforcement Competent Authority)) has confirmed that they are a victim of human trafficking/modern slavery. They will need to meet ceratin requirements for it. 

A person will not qualify for permission to stay as a victim of human trafficking if they already have permission to stay in the UK on another immigration route. 

If a person leaves the UK before a final decision on their application has been made, then their case will be treated as withdrawn, and no further decision will be required on their case.

Where the case involves a child, the best interests of the child are taken into account as the primary consideration. 

Applications for a VTS must be made from within the UK.

The applicant must not be subject to refusal for being a threat to the UK's public order or as someone having claimed to be a victim of Human Trafficking in bad faith. They must also not fall for refusal under the Immigration Rules - Part Suitability.

Eligibility requirements for temporary permission to stay 

The requirements to be met by a person for permission to stay on the grounds of being a confirmed victim of Human Trafficking are that the grant of permission to stay is necessary for the purpose of: -

(a) helping the person to recover from any physical harm (a type of harm that results in physical trauma to the person) or psychological harm (a type of harm that causes emotional or mental trauma, or causes behavioural change or physical symptoms that require psychiatric or psychological care) arising from the relevant exploitation (the conduct resulting in the positive conclusive grounds decision); or

(b) enabling the person to seek compensation from the perpetrator (s) in respect of the relevant exploitation, or

(c) enabling the person to assist/co-operate with a public authority in an investigation/criminal proceeding within the UK in respect of the relevant exploitation.

Permission to stay is not necessary for the purpose of (a) as listed above if the Secretary of State (UK) considers that the applicant is capable of getting assistance in their recovery from physical or psychological harm in a country/territory of which they are a citizen or national; or one to which they may be removed in accordance with an agreement between that country/territory and the UK.

The applicant may not get permission to stay in the UK for the purpose of (b) as listed above if it is considered that they are capable of applying for compensation from outside the UK, and it would be reasonable for them to do so in the given circumstances.

For victims of human trafficking who were granted a period of KTT DL (Discretionary Leave), which has expired, but who still have an outstanding asylum claim - if they do not satisfy the eligibility requirements as mentioned above for permission to stay in the UK, further considerations for DL under the KTT criteria may be made.

Documents they will need to/should provide 

In all cases, the Secretary of State (UK) must be satisfied that the applicant (a victim of human trafficking) is who they claim to be. All in-country applicants aged 5 or over are required to enrol their biometrics (fingerprints and digital photograph), unless they are in custody. However, applicants under 5 are not required to enrol or provide their fingerprints, but they must still provide a photograph.

Where the applicant does not have original documents, such as a passport or birth certificate, available to submit with their application, the onus will be on them to provide a reasonable alternative and explanation of the absence of these documents, including any attempts to obtain them.

Please note that these checks do not form part of a finding on the applicant’s nationality, and caseworkers issuing permission to stay in an unevidenced nationality is not a nationality determination for any other Home Office decision.

Other documents the applicant will need to provide include:

• Letter from the Competent Authority (either the SCA (Single Competent Authority) or the IECA (Immigration Enforcement Competent Authority)) confirming they are a victim of human trafficking or modern slavery

• If they are applying on the basis of recovery from physical or psychological harm, they should include evidence such as medical letters or reports, GP records, hospital records, or NRM support provider letters

• If the grant of permission to stay is necessary for the purpose of applying to co-operate with a public authority (e.g., police or CPS), the applicant can submit evidence such as police letters, confirmation of an investigation, CPS correspondence, witness statements, or confirmation that they are assisting or expected to assist

• If the grant of permission to stay is necessary for the purpose of seeking compensation, the applicant may submit evidence such as a CICA (Criminal Injuries Compensation Authority) application, civil claim documents, legal correspondence, or solicitor letters explaining why staying in the UK is necessary

• If they are applying under KTT DL (trafficking-related asylum claim), they should provide evidence such as proof of a pending asylum or protection claim, asylum screening or substantive interview records, or legal submissions showing risk of re-trafficking on return

Additional important documents

• A written statement by the applicant explaining their trafficking experience, how it has affected them, why they need to stay in the UK, and which ground they rely on (recovery, co-operation, compensation, or asylum)

• A legal representative letter, if the applicant has one 

• Fee waiver application (if required) with evidence of lack of funds, support letters, and Bank statements (if available)

Decision on an application for temporary permission to stay 

If the decision maker is satisfied that the applicant has fulfilled all the eligibility and suitability requirements, they will grant the applicant permission to stay in the UK; otherwise, they will refuse the applicant. 

A confirmed victim of human trafficking may request reconsideration of the decision if their application is refused. The person will be notified of the process for requesting a reconsideration of their refusal decision.

These decisions are made using the standard of proof that the applicant has, on the balance of probabilities, met the requirements. 

Criminals or extremists do not normally benefit from permission to stay because it is a Home Office priority to remove them from the UK. 

Any VTS decision made after 30 January 2023 will not normally have a risk of re-trafficking assessment (this is an evaluation carried out by UK authorities to decide whether there is a real risk for a confirmed victim of human trafficking to be exploited or trafficked again if they are asked to leave the UK and return to their country/territory of origin or another country/territory) carried out.

Granting permission to stay

The applicant shall be granted permission to stay for the following period when the Secretary of State (UK) considers such permission is necessary for the following purposes: 

Up to 30 months if it is for the purpose of helping the person to recover from any physical harm or psychological harm arising from the relevant exploitation or enabling the person to assist/co-operate with a public authority in an investigation/criminal proceedings within the UK in respect of the relevant exploitation, or 

Up to 12 months if it is for the purpose of enabling the person to seek (apply) for compensation from the perpetrator (s) in respect of the relevant exploitation.

Applying for a dependent child of the Victim of Human Trafficking

The dependent child under 18 must be a child of an applicant who has or is at the same time being granted temporary permission to stay in the UK on the basis of being a victim of Human Trafficking. The child must be in the UK on the date of application, and if born in the UK, they must provide a full UK birth certificate.

The dependent child must not be subject to refusal on the basis of a threat to public order.

If successful, the dependent child will be granted permission to stay in the UK for a period that ends on the same date as the permission of their parent, who has been or is being granted permission to stay on the basis of being a victim of Human Trafficking.

How can Visa and Migration help?
We are always ready to offer you a supportive and practical role in applying for permission to stay in the UK on the basis of being a victim of modern slavery/human trafficking, as these cases are often sensitive and complex.
We can help you with your application by:

• Explaining to you the UK immigration rules and the Home Office guidance clearly

• Helping you with the NRM (National Referral Mechanism) referral process

• Helping you gather and organise documents for your application 

• Assisting you with completing all the Home Office forms

• Ensuring that you do not miss the deadlines and that correspondence is tracked

• Drafting clear, factual summaries to support legal submissions

• Helping you respond to Home Office letters or requests for further information

• Providing you with reassurance and updates during long processing times