Every year in the UK, individuals arrive on care worker visas with the hopes of fair compensation and meaningful employment. Unfortunately, some find themselves in predicaments far from their expectations, where they are neither placed on the company’s payroll nor provided with the work opportunities promised. This disparity can lead them into the shadows of human trafficking, trapped under false pretenses and exploitation.
Identifying signs of human trafficking:
Victims of human trafficking may exhibit several indicators, including:
- Promises of a better life, often through offers of employment or relationships.
- Forced labour under exploitative conditions, such as long hours and minimal or no pay.
- Restricted freedom, which can involve confiscating passports, imposing debts, constant surveillance, or threats of violence.
What to do if you suspect trafficking:
If you believe you are a victim of modern slavery or human trafficking, it is crucial to seek help immediately. Contact law enforcement or a relevant support organization, such as the UK’s National Crime Agency. These agencies can initiate referrals to the Single Competent Authority (SCA), the body responsible for determining trafficking victim status.
Permission to stay in the UK:
Recent regulations in the UK provide avenues for trafficking victims to secure permission to remain in the country. However, obtaining this status requires more than just recognition as a victim such as:
- Assisting in their physical or psychological recovery from exploitation.
- Seeking compensation for harm suffered.
- Cooperating with authorities in investigations or legal proceedings related to trafficking.
Application process and duration of stay:
Victims with a positive conclusive ground decision are automatically considered for permission to remain. Extensions for staying longer than the initial grant may be possible, subject to meeting additional requirements.
Stay lengths vary, with up to 30 months for recovery or cooperation and up to 12 months for seeking compensation. Successful applicants gain the right to work and access public funds.
Challenges and appeals:
While there is no specific appeal process for refusal of permission to stay, individuals can request reconsideration. Alternatively, they may pursue legal remedies such as judicial review, particularly if human rights violations are involved.
Our team of solicitors specializes in assisting trafficking victims holding care worker visas with all aspects of their claims, from initial recognition to challenging refusals and securing the right to remain in the UK. We are committed to advocating for the rights and dignity of victims and providing comprehensive legal support throughout their journey towards safety and justice.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, reach out to GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.