Foreign domestic workers in the UK who experience abuse may qualify for modern slavery protections. The government's National Referral Mechanism (NRM) is designed to help those who came to the UK on an overseas domestic worker visa (ODWV) and ended up in abusive situations with their employers.

It is important to stress, however, that the NRM is neither a visa not the same as asylum status. It is a governments scheme designed to provide support after a migrant escapes an abusive employer. 

Under certain circumstances, it can also allow those affected to work temporarily. 

This is what you need to know about the NRM.

What is modern slavery?

Human trafficking, slavery, servitude and forced labour are all forms of exploitation which fall under the umbrella term of modern slavery. 

Foreign domestic workers who are victims of modern slavery commonly tell of being moved to the UK without their consent, or being deceived into moving to the UK. 

They recount abusive working conditions such as being on call all the time, having their pay withheld and not being allowed to leave without supervision. In some instances, they also recall having their passport or phone taken away, being given little food and experiencing verbal, psychological, physical or sexual violence. 

What are the steps involved?

In order to qualify for NRM as a victim of modern slavery, domestic workers have to be referred by a so-called "first responder organisation."

There are eight governmental authorities and ten non-governmental organizations they can turn to. InfoMigrants spoke to one of the ten charity-run groups, Kalayaan, which specializes in the rights of domestic workers.

In many cases, migrants affected by such abusive situation will actually first connect with community organizations which can help with immediate support, before being referred to first responders.

For example, InfoMigrants spoke to Filipino domestic workers who sought help with the Filipino Domestic Workers Association (FDWA).

Marissa*, a Filipino domestic worker who arrived in the UK from Qatar in 2018, told InfoMigrants that she had to clean two properties for her abusive employer.

"I didn't have any days off, I was working 24/7," Marissa recalled. "I was sleeping on the floor, and whatever food there was that was left for me was just bread, eggs and water."

In 2019, she managed to escape and went through the NRM program, and was recognized as a victim of modern slavery.

Questions upon questions

First responder organizations like Kalayaan conduct multiple interviews with affected migrants, focusing on questions about their journey to the UK, their life while working for their employer and details about their escape. 

"We do ask lots of questions," Avril Sharp, policy and casework officer at Kalayaan, told InfoMigrants. 

"It's not to be annoying. It's so that we've got all the information we need in order to make that assessment," she stressed, adding that "working conditions need to deteriorate to the point of slavery in order for you to access (government) protections."

Once those interviews are complete, first responder organizations like Kalayaan will make their decisions on whether they can refer the case to the Home Office under the NRM.

However, if an assessment does not fulfil the requirements of the NRM, the only option remaining is to hire a lawyer and take the abusive employer to a labor court. Most migrant domestic workers, however, say they cannot afford to do that.

First decision

If the case is referred to the the Home Office, an initial answer called a "reasonable grounds decision" will be issued within about five working days. This can be a positive or a negative first decision. 

In the case of a negative decision, there are provisions to launch and appeal and to challenge the decision. In this scenario, the first responder organization that helped make the case can help with the appeal. Since access to resources is different for those who have a positive decision, it is advised that all negative decisions should be appealed.

With a positive reasonable decision, victims of abuse have access to legal aid, accommodation, and other types of support which usually are delivered by the Salvation Army and by other charitable organizations.

Second decision

Once the first positive decision is made, it can take up to two years for the the NRM to issue their second and final "conclusive grounds decision."

Organizations like Kalaayan expect this period to even increase further as more and more people continue to come forward as victims of modern slavery. 

However, when a positive conclusive grounds decision is issued, a new procedure begins: the Home Office will then start assessing individuals terms for each case, such as how much longer the migrant should be allowed to stay in the UK. 

This depends on factors like ongoing legal proceedings, compensation claims of special personal circumstances, which need to be taken into consideration.

"The NRM is not a pathway to settlement" in the UK, Sharp underlined, highlighting that the often-temporary authorization to remain in the UK is by far not the same thing as any protection or asylum status.

Victims of modern slavery can, however, also separately apply for asylum, and can cite the risk of being re-trafficked into slavery after returning to their country as a common claim.

Threat of falling back into abuse and slavery

It is important also to look closely at the wait time between the first and the second conclusive decision with regards to certain rights. 

In particular, the issue of work after receiving a first positive decision is a tricky one: If you receive a first positive decision within the six months of validity of your overseas domestic worker visa (ODWV), you are allowed to work while you wait for the second and final, conclusive decision. 

But if you receive a first positive decision after the six months of validity of your ODWV, you will not be allowed to pursue work while you wait for the second and final, conclusive decision.

This puts many of those affected by these abusive situations in a difficult situation: Most such domestic workers say they simply cannot afford to not work. Several foreign domestic workers told InfoMigrants that they had to support a sick family member or their children back home. 

However, employing someone without authorization exposes the potential employers to hefty fines and jail time, awhile migrant workers working without authorization risk detention and complications regarding their immigration status further down the line. 

Sharp told InfoMigrants that many such migrant workers thus "end up being re-abused and in some cases re-trafficked."

"They often end up working in the hidden economy, (where) they again are subject to a hostile environment, and their insecure status makes them ripe for unscrupulous employers looking to exploit them," Sharp highlighted.

*Name changed by InfoMigrants