TL;DR: Updated Home Office caseworker guidance clarifies how temporary permission to stay for victims of human trafficking is assessed and granted to confirmed victims of modern slavery. The guidance sets out eligibility criteria, decision-making processes and the conditions attached to such leave, affecting confirmed victims identified through the National Referral Mechanism.
Introduction
The Home Office has published updated caseworker guidance on temporary permission to stay for victims of human trafficking and slavery, setting out how immigration officials in the United Kingdom assess and grant this form of leave. Published on 18 September 2026, the guidance is used internally by Home Office decision-makers when determining whether a confirmed victim of trafficking or slavery qualifies for a grant of temporary permission to stay outside the standard Immigration Rules. This form of leave exists to provide stability and protection to individuals who have been formally identified as victims through the National Referral Mechanism (NRM), allowing them to remain lawfully in the UK while they recover from exploitation or engage with the criminal justice process. The guidance is a technical but significant document for affected individuals, their legal representatives, and support organisations working with survivors of trafficking, as it directly shapes who receives leave, for how long, and under what conditions.
What is Temporary Permission to Stay for Victims of Human Trafficking?
Temporary permission to stay for victims of human trafficking is a discretionary form of leave granted by the Home Office to individuals who have received a positive conclusive grounds decision confirming they are victims of trafficking or modern slavery. It is not an automatic entitlement but is assessed against specific criteria, including whether the individual needs to remain in the UK owing to personal circumstances, to seek compensation, or to co-operate with a police investigation or prosecution linked to their exploitation. The guidance instructs caseworkers on how to apply these tests consistently.
Eligibility Criteria and the Conclusive Grounds Decision
The Role of the National Referral Mechanism
Before any consideration of temporary permission to stay for victims of human trafficking can begin, an individual must have been referred into and processed through the National Referral Mechanism. The NRM produces two key decisions: a reasonable grounds decision, made at an early stage, and a conclusive grounds decision, which represents a formal determination on the balance of probabilities that the individual is a victim of trafficking or slavery. According to the updated guidance, only those who receive a positive conclusive grounds decision are eligible to be considered for a grant of temporary permission to stay.
Personal Circumstances and Compensation Claims
The guidance directs caseworkers to consider whether an individual’s personal circumstances mean they cannot reasonably be expected to leave the UK. This may include ongoing medical or psychological treatment linked to the trafficking experience, safety concerns about return to a country of origin, or family circumstances. Separately, caseworkers must consider whether the individual needs to remain in the UK to pursue a compensation claim against traffickers, recognising that civil or criminal compensation proceedings can take considerable time to conclude.
The Home Office states that a positive conclusive grounds decision is a prerequisite before temporary permission to stay for victims of human trafficking can be granted.
Co-operation with Law Enforcement
A further ground concerns co-operation with police or prosecuting authorities. Where a victim is assisting with an investigation or prosecution connected to their trafficking or exploitation, caseworkers are guided to assess whether the individual’s continued presence in the UK is necessary for that co-operation to proceed effectively.
How Are Decisions Made and What Conditions Apply?
Assessment Process
Caseworkers examine each case individually, drawing on information provided by the Single Competent Authority or the Immigration Enforcement Competent Authority, which are responsible for making NRM decisions. The guidance sets out that decision-makers must document their reasoning clearly, referencing the specific limb of the eligibility criteria under which leave is being considered, whether personal circumstances, compensation, or law enforcement co-operation.
Length and Conditions of Leave
Where granted, temporary permission to stay for victims of human trafficking is typically issued for a defined period rather than indefinitely, reflecting its purpose as a bridge to recovery or resolution of related proceedings rather than a permanent immigration status. The guidance sets out the conditions that may be attached, including restrictions or permissions relating to work and access to public funds, and clarifies how caseworkers should record and communicate these conditions to the individual concerned.
Interaction with Other Immigration Routes
The guidance also addresses how temporary permission to stay for victims of human trafficking interacts with other immigration statuses an individual may hold or be pursuing, such as asylum claims or other forms of leave. Caseworkers are instructed to consider the full immigration history and any parallel applications when reaching a decision, ensuring that grants of leave under this route do not conflict with or duplicate other protections already in place.
Implications for Affected Individuals
For confirmed victims of trafficking and slavery, the updated caseworker guidance provides greater clarity on how decisions affecting their immigration status will be made. Individuals who have received a positive conclusive grounds decision, and their legal representatives, can better understand the specific evidence and circumstances that caseworkers will weigh when considering an application for temporary permission to stay. Support organisations assisting survivors may also use the guidance to prepare more targeted representations addressing personal circumstances, compensation claims, or ongoing co-operation with law enforcement. Because the guidance is discretionary in nature rather than a fixed entitlement, affected individuals should be aware that outcomes depend heavily on the specific facts of each case and the quality of supporting evidence submitted alongside any application or representation made to the Home Office.
Frequently Asked Questions
Q: Who qualifies for temporary permission to stay for victims of human trafficking? A: According to the guidance, individuals who have received a positive conclusive grounds decision through the National Referral Mechanism may be considered, provided they meet criteria relating to personal circumstances, compensation claims, or co-operation with law enforcement.
Q: Is temporary permission to stay for victims of human trafficking automatic after a positive conclusive grounds decision? A: No. The guidance confirms that a positive conclusive grounds decision is a prerequisite but does not automatically result in a grant; caseworkers assess each case against specific eligibility criteria.
Q: How long does temporary permission to stay last? A: The guidance indicates that leave is granted for a defined period linked to the purpose of the grant, such as recovery, participation in compensation proceedings, or co-operation with a criminal investigation, rather than being indefinite.
Q: Can a victim work while holding temporary permission to stay? A: The guidance sets out that conditions, including any permission to work, are determined on a case-by-case basis and recorded by the caseworker at the point of grant.
Q: Does temporary permission to stay affect an asylum claim? A: The guidance instructs caseworkers to consider an individual’s full immigration history, including any parallel asylum claims, when assessing an application for this form of leave, ensuring the routes are considered together rather than in isolation.
Key Takeaways
- The updated caseworker guidance governs how the Home Office assesses temporary permission to stay for victims of human trafficking and slavery.
- A positive conclusive grounds decision through the National Referral Mechanism is required before this leave can be considered.
- Eligibility rests on personal circumstances, pursuit of compensation, or co-operation with police and prosecuting authorities.
- Leave is granted for a defined period with specific conditions rather than as permanent status.
- Caseworkers must consider an individual’s wider immigration history, including any parallel asylum claims, when reaching a decision.
Conclusion
The updated guidance on temporary permission to stay for victims of human trafficking and slavery provides Home Office caseworkers with a clearer framework for assessing some of the most sensitive immigration decisions handled within the system. By setting out defined eligibility criteria linked to personal circumstances, compensation, and law enforcement co-operation, the guidance aims to bring greater consistency to decision-making affecting confirmed victims of exploitation. Affected individuals and their representatives are likely to reference this guidance closely when preparing representations to the Home Office.