What is the National Referral Mechanism?
The National Referral Mechanism (NRM) is a government body which decides, based on evidence, whether a person is a victim of trafficking or not.
When a person is rescued, they are given the option of entering the NRM which will provide them with a place in a safehouse (limited spaces available), access to legal support, health care and psychological support. The Salvation Army hold the government contract for this type of support (Victim Care Contract) and they sub-contract to a number of organisations across the UK. If a person chooses to take this option, the Home Office then gather evidence to make a decision on a person’s trafficking case.
The person is provided with 30 days ‘reflection and recovery period’ after which the Home Office begin collecting evidence to make a decision. The whole process often takes longer than a year. If the Home Office believe that a person has been a victim of trafficking, they give a ‘positive conclusive grounds’ decision. The person is then provided with another 45 days of support until they must find alternative accommodation.
If the Home Office do not believe that a person has been a victim of trafficking, they give a ‘negative conclusive grounds’ decision. They must find alternative accommodation within 9 days of this decision.
There is no appeal system for NRM decisions but occasionally the Home Office will agree to a reconsideration, in which case the person goes back into the NRM process and starts all over again. A positive conclusive grounds decision does not automatically entitle a person to any leave to remain or access to benefits or employment. If a person is an asylum seeker, they must make this claim alongside the NRM process. The video to the right helps to explain in more detail.
The Asylum Process
Many of our guests are at some stage of the asylum process and each person’s journey is different.
People who enter the UK from outside of the EU must claim asylum in order to be able to stay. Once they have found a solicitor and submitted their claim, they are eligible for National Asylum Seeker Accommodation (NASS). They will be allocated accommodation and generally have no choice in where they are sent. They cannot access any benefits or employment and are provided with a very small amount of money to live on each week.
If the Home Office accept this claim, they are either granted Discretionary Leave to Remain (for a limited period and they will need to re-apply when this time is up) or Indefinite Leave to Remain (forever). They then have ‘Refugee status’ and can access benefits and employment. They must leave the NASS accommodation and find their own place to live. Usually there is a gap between being evicted from NASS and their benefits being paid, leaving them destitute. If the Home Office rejects their claim, they are also evicted from NASS accommodation and become destitute. Their solicitor will usually gather evidence to put in a fresh claim. Once this is submitted, they will be eligible for NASS housing again, but until this happens, they are also destitute.
There are many appeals and different routes that solicitors and asylum seekers take, and more detailed information can be found at the R2C2 website and Right To Remain
*Please note, it is illegal to give immigration advice if you are not qualified to do so. This information is simply to help our understanding of the situations our guests find themselves in.
