[2024] UKUT 00067 (IAC)

Appendix: Temporary Permission to Stay for Victims of Human Trafficking or Slavery (IR-VTS) commenced on 30 January 2023. The suitability requirements for temporary permission to stay as a victim of modern slavery or human trafficking are that:

“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).”

The eligibility requirements for temporary permission to stay provide that:

“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.”