Part 5: Modern Slavery Section 65: Leave to remain for victims of slavery or human trafficking:
Overview: This section sets out the circumstances in which the Secretary of State must grant temporary, limited leave to remain to confirmed victims of modern slavery. Further detail pertaining to the grant of leave will be set out in the Immigration Rules. This section will also set out the circumstances in which the Secretary of State is not required to grant leave. It further makes provision for the circumstances in which leave, which has already been given, may be revoked.
	Background: Under Article 14 of the Council of Europe Convention on Action Against Trafficking in Human Beings (ECAT) a renewable residence permit should be issued to victims of modern slavery if one, or both, of the following situations apply: the competent authority considers that their stay is necessary owing to their personal situation; the competent authority considers that their stay is necessary for the purpose of their cooperation with the competent authorities in investigation or criminal proceedings (Article 14(1)(a) and (b)). Section 65 also provides for a grant of leave where necessary to enable the person to seek compensation in respect of the relevant exploitation in line with the previous non-statutory guidance "Discretionary Leave for Victims of Modern Slavery" and in light of Article 15 of ECAT "Compensation and legal redress".
	Subsection 1 stipulates that this section applies to confirmed victims of modern slavery who are not British citizens and who do not have leave to remain in the UK.
	Subsection 2A provides that where the authority is satisfied that 63 (1) (a) or (b) applies there is no requirement to grant limited leave to remain in the United Kingdom to a person who meets any requirement under this section.
	Subsection 2 provides that the Secretary of State must grant limited leave to remain if it is considered necessary for the purposes of (a) assisting the person in their recovery from any physical or psychological harm arising from the relevant exploitation, (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.
	Subsection (2)(a) clarifies the obligation in Article 14(1)(a) of ECAT which provides for a grant of leave where it is "necessary owing to their personal situation". This subsection provides that leave is necessary owing to the individual’s personal situation where, it is necessary in order to assist with recovery from any physical or psychological harm arising from the relevant exploitation.
	Subsection 2(b) provides a grant of leave for confirmed victims of modern slavery to pursue compensation in respect of the relevant exploitation, in light of the obligations in Article 15 ECAT.
	Subsection 2(c) reflects Article 14(1)(b) ECAT and provides for a grant of leave where necessary to enable the person to co-operate with a public authority in connection with an investigation or criminal proceedings in respect of the relevant exploitation
	Subsection 3 (a) provides that, if the Secretary of State considers that the person’s need for assistance is capable of being met in another country or territory, as defined in subsection 4, leave is not necessary for the purpose of assisting the individual with their recovery.
	Subsection 3 (b) sets out that leave is not necessary for the purpose of Subsection (2)(b) if the Secretary of State considers that the person is capable of seeking compensation from outside the UK, and it would be reasonable for them to do so in the circumstances.
	Subsection 4 clarifies the meaning of "country" or "territory" for the purpose of subsection 3(a).
	Subsections 5 and 6 state that the Secretary of State is not required to grant leave under subsection 2 and may revoke any such leave if it has been granted where the Secretary of State is satisfied that the individual is a threat to public order (see Section 63 for further details) or has claimed to be a victim in bad faith.
	Subsection 7 sets out that leave given to a person under subsection 2 may be revoked in such other circumstances as may be prescribed in Immigration Rules.
	Subsection 8 sets out that subsections 3 to 7 of Section 63 apply for the purposes of this section.
	Subsection 9 provides definitions of "positive conclusive grounds decision" and "the relevant exploitation", for the purposes of this section. The "relevant exploitation" is defined as the conduct that resulted in the positive conclusive grounds decision.
	Subsection 10 stipulates that this section is to be treated for the purposes of section 3 of the Immigration Act as if it were provision made by that Act.