Immigration Rules Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery
This route is to provide for temporary permission to stay for victims of human trafficking or slavery and their children.
The applicant must be in the UK.
A confirmed victim as classified in VTS 1.1 (a), who has not been considered for permission to stay under this route, need not apply under this route, as for those in scope permission to stay will be automatically considered following a positive Conclusive Grounds decision. A confirmed victim who has been considered previously for permission to stay under this route or the Discretionary Leave for victims of Modern Slavery policy and has been refused permission to stay cannot apply or re-apply under this route.
Individuals who already have permission to stay as a victim of human trafficking or slavery, or as their child dependents, or who have been granted Modern Slavery Discretionary Leave as a victim of human trafficking or slavery, or as their child dependents can apply to extend their permission under this route.
The suitability and eligibility requirements set out at VTS 2.1 and 3.1-3.4 below will apply both to first time applicants under this route and those applying to extend an existing grant of permission to stay under this route or a grant of Modern Slavery discretionary leave that has not expired.
This route is not a route to settlement.
- VTS 1.1. An applicant for an extension of temporary permission to stay as a victim of Human Trafficking or Slavery must meet the following validity requirements:
- (a) the applicant must have been served with a positive conclusive grounds decision (as defined by Section 69 (1) of the Nationality and Borders Act 2022); and
- (b) the applicant must have permission to stay as a victim of Human Trafficking or Slavery, or as a child of a victim of Human Trafficking or Slavery; and
- (c) the applicant must apply on the specified form on the gov.uk website: FLR (HRO); and
- (d) any required fee must have been paid; and
- (e) the applicant must be in the UK on the date of application.
VTS 1.2. A person is not required to apply as a victim of Human Trafficking or Slavery but references to “applicant” are to a person who is being considered under this route or who has applied to extend their existing permission to stay as a confirmed victim of Human Trafficking or Slavery, or to extend their existing grant of Modern Slavery Discretionary Leave.
VTS 1.3. Where no application is made because VTS 1.2 applies references to ‘date of application’ are to the date of the conclusive grounds decision, but if the person is applying to extend their permission to stay under this route, the date of application is the date on which they apply to extend their permission to stay under this route.
VTS 2.1. The applicant must not fall for refusal as a threat to public order (as defined in Section 63 of the Nationality and Borders Act 2022), or as a person who has claimed to be a victim of Human Trafficking or Slavery in bad faith (as per Section 63 of the Nationality and Borders Act 2022).
- VTS 3.1. The requirements to be met by a person for permission to stay on the grounds of being a confirmed victim of Human Trafficking or Slavery are (as set out in Section 65 (2) (a) to (c) of the Nationality and Borders Act 2022), that the grant of permission to stay is necessary for the purpose of: -
- (a) assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation; or
- (b) enabling the person to seek compensation in respect of the relevant exploitation, or
- (c) enabling the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation.
- VTS 3.2. For the purpose of VTS 3.1 the following apply:
- (a) “physical or psychological harm” means harm of a type that results in physical trauma to the person; or psychological harm that causes mental or emotional trauma or that causes behavioural change or physical symptoms that require psychological or psychiatric care and where the physical or psychological harm arises from the “relevant exploitation”; and
- (b) “assisting the person in their recovery” for psychological or physical harm means that the applicant requires support either through the National Referral Mechanism or other services to assist in their recovery from their exploitation (this support does not need to accomplish recovery); and
- (c) “seeking compensation” means that the person must have made an application for compensation in respect of the relevant exploitation; and
- (d) “an investigation or criminal proceedings” means an investigation by the public authorities or criminal proceedings within the UK which has been confirmed by the relevant public authority or by the Criminal Prosecution Service; and
- (e) “relevant exploitation” means the conduct resulting in the positive conclusive grounds decision.
- VTS 3.3. Permission to stay is not necessary for the purpose of VTS 3.1(a), as set out in Section 65 (4) (a) of the Nationality and Borders Act 2022:
- (a) if the Secretary of State considers that the applicant’s need for assistance is capable of being met in a country or territory of which they are a national or citizen; or one to which they may be removed in accordance with an agreement between that country or territory and the UK (which may be, but does not need to be, an agreement contemplated by Article 40(2) of the Trafficking Convention).
VTS 3.4 Permission to stay is not necessary for the purpose of VTS 3.1(b) as set out in Section 65 (4) (b) of the Nationality and Borders Act 2022, if the applicant is capable of seeking compensation from outside the UK, and it would be reasonable for them to do so in the circumstances.
VTS 4.1. If the decision maker is satisfied that all of the eligibility and suitability requirements are met the applicant will be granted permission to stay in the UK, otherwise the applicant will be refused permission to stay.
VTS 4.2. A confirmed victim may request reconsideration of the decision if their application is refused. The individual will be notified of the process to request a reconsideration with their refusal decision.
VTS 5.1. Permission to stay will be granted for a period not exceeding 30 months when the Secretary of State considers such permission is necessary for the purposes of VTS 3.1(a) or (c), and for a period not exceeding 12 months where the Secretary of State considers such permission is necessary for the purposes of VTS 3.1(b).
- VTS 5.2. The grant will be subject to the following conditions:
- (a) access to public funds; and
- (b) work is permitted; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS.
- VTS 6.1. In order to make an application, the dependent child must be a child of an applicant who has or is at the same time being granted temporary permission to stay as a victim of Human Trafficking or Slavery, and meet the following requirements:
- (a) must be in the UK on the date of application; and
- (b) must be aged under 18 at the date of application;
- (c) if born in the UK, they must provide a full UK birth certificate.
VTS 6.2. An application which does not meet the validity requirements by a child of a person who is a Victim of Human Trafficking or Slavery may be rejected as invalid and not considered.
VTS 7.1. The dependent child must not fall for refusal as a threat to public order (as defined in Section 63 of the Nationality and Borders Act 2022).
VTS 8.1. If the decision maker is satisfied that all the validity and suitability requirements for the dependent child of a victim of Human Trafficking or Slavery are met, the application will be granted, otherwise the application will be refused.
VTS 9.1. Permission to stay will be granted for a period that ends on the same date as the permission of the parent who has been or is being granted permission to stay as a victim of Human Trafficking or Slavery.
- VTS 9.2. The grant will be subject to all the following conditions:
- (a) access to public funds.
- (b) work is permitted; and
- (c) study is permitted, subject to the ATAS condition in Appendix ATAS (if the study will commence when the child is aged 18 or over).
- VTS 10.1. A person’s permission to stay as a victim of Human Trafficking or Slavery or the child of a victim of Human Trafficking or Slavery may be cancelled where any of the following apply:
- (a) the applicant would fall for refusal as a threat to public order (as defined in Section 63 of the Nationality and Borders Act 2022), or as a person who has claimed to be a victim of Human Trafficking or Slavery in bad faith (as per Section 63 of the Nationality and Borders Act 2022).
- (b) paragraphs 9.2.2, 9.3.2, 9.4.2, 9.4.5, 9.5.2, 9.7.3, 9.20.1, 9.20.2, 9.23.1 or 9.24.1 Part 9: Grounds for Refusal apply.