Joint Briefing: Updated policy for granting temporary permission to stay for victims of human trafficking and slavery (‘VTS leave’)

Providing the right support and protection to survivors of human trafficking and modern slavery, including long-term leave to remain, is integral to ensuring that they can recover and rebuild their lives and reduce the risk of re-trafficking or further exploitation. 

Stability and safety is crucial for long-term recovery. For those without secure immigration status, a form of leave to remain with the right to work or access to benefits and housing and a route to settlement is vital. It is impossible for survivors to recover and rebuild their lives while living with the insecurity that comes with having no leave, or very short-term leave. 

Despite this, a Freedom of Information request confirmed that in 2023 only 113 recognised adult victims of trafficking received a grant of temporary permission to stay for victims of human trafficking and slavery (‘VTS leave’) to assist with their recovery. 

Following judicial review challenges brought on behalf of survivors of modern slavery, in late July 2024, the government committed to reconsidering its policy and approach for deciding when to grant VTS leave. The updated policy was published on 24 October 2024.

While there are some welcome changes within the policy there are still considerable improvements that need to be made to ensure it is a more humane, victim-centred policy that is compliant with the Council of Europe Convention on Action against Trafficking in Human Beings (“ECAT”).

This joint briefing by a group of organisations working in the anti-trafficking sector addresses further changes to the policy needed, the importance of a needs-based approach, and the impact on survivors of being unable to secure stable and long-term leave. 

It calls for:

1. Meaningful consultation and a survivor-centred approach

2. Grants of leave for at least 30 months for all who receive positive conclusive grounds decisions.

3. Section 65 of the Nationality and Borders Act (“NABA”) to be repealed.