Policy paper

Modern slavery: leave to remain

Updated 13 October 2023

The Government is committed to effectively supporting victims of modern slavery to help them recover from their exploitation and to support the prosecution of their exploiters. Our core principle is that the entitlements provided to victims are based on their needs, delivering a firm but fair approach, which provides temporary leave to remain where it is needed, while reducing any opportunities for the system to be misused.

1. What does the Nationality and Borders Bill do in relation to temporary leave to remain for victims of modern slavery?

• For the first time in primary legislation the Nationality and Borders Bill will set out the circumstances in which confirmed victims will receive temporary leave to remain.
• This clause in the Bill clearly sets out and defines the circumstances in which those without immigration status will be entitled to a grant of temporary leave to remain. The approach set out in the Bill builds on our end-to-end needs-based approach to supporting victims.
• Crucially, this includes providing clarity that temporary leave to remain will be provided for any length of time necessary to enable victims to engage with authorities to help to bring their exploiters to justice.

2. How will decisions on temporary leave to remain be made?

• The consideration of temporary leave to remain will be made on an individual assessment of the full facts of each case and will consider whether assisting with the specific physical and psychological recovery needs of the individual can be met outside the UK.
• Where needs cannot be met in another country, and it is necessary for the individual to remain in the UK to assist with their physical and psychological recovery, then temporary leave to remain will be granted.
• This approach builds on the premise that temporary leave to remain should only be granted where necessary and seeks to provide more clarity to decision makers and victims on when a grant of leave is “necessary”.
• The length of leave granted will depend on the individual needs in each case with no standard period of leave given. This allows for flexibility and the ability to grant leave in line with the specific needs of the victim, rather than a fixed period which may be more or less than required.

3. What else are you doing to tackle perpetrators of modern slavery?

• We are committed to prosecuting those who perpetrate the horrendous crime of modern slavery and it is right that we focus efforts to increase prosecutions. That is why this Government has committed to provide nearly £2 million in 20/21 to develop our policing response and pilot ways on supporting victims to engage with the criminal justice system.
• We have also supported police roll out of victim liaison officer training, to upskill policing capability to build trust with victims and facilitate positive engagement with the criminal justice system.