UK Visa Rules: Changes to support modern slavery victims in place
September the 3rd saw the Home Office announce that victims of modern slavery on Skilled Worker visas are to receive a 'game-changing' relief under new Immigration Rules as laid out in the UK government's Statement of Changes.
The changes take effect on October 8th, and give migrant workers formally identified as the victims of modern slavery, greater freedoms to leave employment where the conditions are considered exploitative.
The changes address vulnerabilities that workers’ rights organisations and unions (amongst other campaigners) raised concerns about, indicating that exploitative employers could use immigration status as a means of control.
Under the Modern Slavery Act 2015 it is illegal for anyone to traffic people for the purposes of exploitation.
Key employer obligation under the Modern Slavery Act 2015
Under the Modern Slavery Act 2015, UK companies have defined duties to support the fight against modern slavery. The law mainly covers organisations with an annual turnover of £36 million or more. Businesses in this category must, by law, publish a yearly statement setting out the actions they have taken to make sure modern slavery and human trafficking are not occurring within their own operations or across their supply chains. This is referred to as a Modern Slavery Statement.
The Act recommends that employers cover the following areas in their statement:
Organisational structure and supply chains
Policies relating to slavery and human trafficking
Processes relating to due diligence
Risk assessment and management
KPIs relating to effective measures taken
Training relating to modern slavery and trafficking.
Employers found in breach can be subject to an injunction issued by the Secretary of State, failure to comply with the injunction could lead to businesses being deemed in contempt of court and issued an unlimited fine.
Critics of the original act had gone so far as to call it, *’...not fit for purpose in preventing forced labour in business supply chains', claiming that the reliance on employers voluntarily reporting their actions relating to forced labour, did very little to clean up business supply chains.
*Note: Referenced at Anti-Slavery International.
How do the changes protect migrant workers under modern slavery law?
The new changes introduced, apply to those workers on the Skilled worker route, who have had a referral from the National Referral Mechanism (NRM) and are in receipt of a Conclusive Grounds decision confirming that they are a victim of modern slavery during their current immigration period.
When the worker meets the criteria, restrictions attached to their visa can be amended, allowing the worker to undertake work for another employer, pursue self-employment or undertake voluntary work, for the remainder of their visa permissions.
A statement on behalf of The Home Office to the House of Commons, revealed that in the current crackdown, UK Visas and Immigration (UKVI) has already revoked more than 7,500 sponsor licenses, including 1,800 in the care sector alone.
Jo White, Parliamentary Under-Secretary of State for Migration and Citizenship, said:
"The sponsorship system is designed to ensure overseas recruits have a genuine job to come to, will be paid appropriately, and can enjoy their employment rights. However, we have seen instances of Skilled Worker visa holders who entered the UK in good faith, complied with the terms of their visa, and have experienced exploitation. This is simply unacceptable.
Talk to a Croner Employment Law professional
Get more information and expert advice on the new Statement of Changes, as well as employer responsibilities under the Modern Slavery Act 2015. Talk to a Croner Employment Law specialist today.
Call 0800 470 9999.