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National Referral Mechanism
The NRM is created to support people who have been trafficked or suffered modern slavery. These applications can be complex, but Seraphus can provide expert immigration legal advice.
How does the National Referral Mechanism support victims of trafficking and modern slavery?
The ‘National Referral Mechanism’ (NRM) is a system designed to assist and support those who have been trafficked or suffered modern slavery, it may lead to a grant of leave to remain in certain circumstances.
The first consideration that the Home Office will make is whether there are reasonable grounds to believe that someone is a victim of trafficking. This involves the Home Office considering whether there is over a 50% chance of likelihood that someone has experienced trafficking. If the Home Office agree with this, they will provide a positive reasonable grounds decision. A positive reasonable grounds decision enables an individual to access a variety of support, including legal, financial, emotional, and psychological support.
After issuing a positive reasonable grounds decision, the Home Office will consider if there are conclusive grounds to believe that someone is a victim of trafficking. This means the Home Office will decide whether an individual is conclusively accepted to be a victim of trafficking or modern slavery.
Can a victim remain in the UK if they receive a positive conclusive grounds decision?
There are different outcomes depending on whether an applicant was granted a positive conclusive grounds decision before or after 30 January 2023. For those who obtained a positive conclusive grounds decision prior to 30 January 2023, discretionary leave may be granted, at the discretion of the Home Office.
If an applicant receives a positive conclusive grounds decision after 30 January 2023, they may be eligible for temporary permission to stay for up to a maximum of 30 months if one of the following conditions can be satisfied:
- The applicant is recovering from any physical or psychological harm arising from the relevant exploitation,
- The applicant is seeking compensation in respect of the relevant exploitation,
- To cooperate with a public authority (for example, to further a police investigation/prosecution).
If an individual has been subjected to trafficking or modern slavery and fears persecution under the Refugee Convention, they may apply under both the trafficking and asylum system concurrently – this means someone may have an asylum and an NRM claim pending at the same time. If an applicant is granted refugee status, they will not be granted leave as a victim of trafficking.
It is important to seek immigration legal advice for NRM and asylum applications because the situations are normally very complex and require specialist advice.
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We specialise in providing personalised support to help you navigate the complexities of the application process, ensuring a seamless and hassle-free experience.
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