Kalayaan’s 2024 Policy Briefing

Kalayaan is welcoming the new year with a reinvigorated focus on protecting migrant domestic workers from human trafficking and modern slavery. We invite the UK Government to join us in this aim by setting out our Policy Briefing and our three asks for 2024:

  1. Change the ODW visa to one that is 12 months’ long, renewable, and allows domestic workers to change employers.
  2. Give the right to work to all those entering the NRM.
  3. Create better monitoring and accountability of employers of migrant domestic workers.

Read the full briefing here.


UK Parliament receives evidence from Kalayaan

On 13 September 2023, Kalayaan provided oral evidence on the experience of migrant domestic workers in the United Kingdom.

Alex Millbrook (Lawyer at Kalayaan), Virginia Mantouvalou (Professor of Labour Law and Human Rights at UCL, and Trustee and Chair of Kalayaan) and Kate Roberts (Head of Policy at Focus on Labour Exploitation (FLEX), and Trustee at Kalayaan) were invited by the Joint Committee on Human Rights to provide evidence on the subject of Human Rights at Work.

At the meeting, Alex, Kate and Virginia set out various issues faced by populations at risk of human trafficking and modern slavery (including migrant domestic workers) in the United Kingdom. They covered the lack of inspection and enforcement of labour laws for those populations, the link between short-term non-renewable visas (such as the Overseas Domestic Worker visa or the Seasonal Worker visa) and the increased risk of exploitation, and the shortcomings of the National Referral Mechanism (NRM) – noting, in particular, that the mean time period for Kalayaan clients waiting for a final decision on the NRM is 941 days (2.6 years), and the median is 786 days (2.2 years).

The video recording of the oral evidence is available to watch here.


Kalayaan client and survivor of slavery on why access to work is crucial to enable independence and sustainable freedom

In 2019, Kalayaan launched our campaign to let survivors of slavery work whilst their claims are under consideration by the Home Office. Our research found that access to decent work supports survivors in their recovery and prevents them from being drawn into destitution where they are at real risk of being re-exploited. Since then, we have been delighted to have the support of 60 groups and individuals including MPs, trade unions, academics and think tanks who stand with us in calling for a change in policy. The Anti-Slavery Commissioner also mooted the idea of a pilot to trial the effectiveness of such a scheme.

The government’s response has been to await the findings of their review into letting asylum seekers work before considering whether to bring forward a specific scheme for survivors of slavery. At time of writing, this review has been ongoing for 3 years.

As the government embarks on a new programme of works to transform the National Referral Mechanism and seeks to lessen the dependency on this temporary support structure whilst centring the needs of survivors, Kalayaan has joined forces with Anti-Slavery International, ATLEU, Anti-Trafficking Monitoring Group, Coop, FLEX, The Sophie Hayes Foundation and Survivor Alliance to set out the simple and achievable way in which the government could permit survivors access to work. Our briefing, out today to mark the 6-year anniversary of the Modern Slavery Act, sets out how this could be achieved without the need to amend primary legislation.

You can download our briefing here.

Earlier this week, we found time to catch up with a client of Kalayaan who was granted refugee status just as the pandemic took hold to hear first-hand how she felt about being denied the right to work in the NRM. Her name is Maria* and this is her story…

Can you tell me a bit about your life before you came to the UK and why you chose to go abroad for work?

My life before I came to the UK was very difficult. I lived in the countryside far outside of the city. Growing up, there was always a conflict between the government and rebels which made life very dangerous for me and my family. I had a few jobs working in my country but my income was not enough to survive and my family and I struggled for our every-day needs. We struggled to buy enough food, clothes, to pay for electricity and school fees. That’s why I decide I had to go to another country to work and to see a new opportunity to help my family. It was so hard to leave them but I don’t have choice because I can’t find a good job and good income in my country.

When you entered the National Referral Mechanism (NRM) and found out that you would not be able to work, how did it make you feel?

I did not know what life I was looking for. At the time, I was so stressed and depressed because I knew I had nothing but I had to support my family. From that time until now, I have been very depressed. It has been so hard to recover and to change my feelings, my mind, and even, all activities, are lost. I did not want to communicate with anyone. I did not want to go outside. I felt blank. I did not know anything or have anything to do.

What impact did not working have on you whilst you waited for a final decision on your slavery claim?

It’s a big and miserable life I had, because first, it was very hard to find a friend to understand me, to find someone to stay with. The government offered me accommodation but they said it would be outside of London but all my friends are there. It was very hard to budget the £37 I got from Hestia for my allowance. I needed to keep some money for me, to put money on my phone so I could stay in contact with my family back home. I also had my own personal expenses and items, and had to pay for transportation to meet my appointments, with my solicitor, with Hestia, with my GP, my counsellor. At the time we could go out because it was before the pandemic. The £37 was not enough to get all my food, and the things I needed. I was ashamed because of my situation. I needed support so I had to ask for help from my friends as it was so hard to stand for myself. I had friends who were in the NRM who had kids and family in hospital who needed money for medication. They were so desperate they worked but hid this because they didn’t have the right permission but needed to support their families. Me, I was too scared to work so I waited for years for a second (conclusive grounds) decision but my family lost everything. We all have different problems in our lives, with kids, hospital bills, if we could work we could help support ourselves and pay taxes too.

What difference would it have made to you and your family if you could have worked whilst you were waiting on a decision?

First, if I was allowed to work, I can support my family because that is the main thing. That is why I went abroad. I am the only one supporting my family. I need to work to help them survive and to help for their every-day needs. Working would have kept myself busy too, but I spent a lot of time thinking about the past and not able to look to my future. I had trouble sleeping, I don’t like thinking about it now and what my life became. My mind was so busy but I couldn’t do anything. I sleep better now and have a normal appetite. I am still struggling to find a job because of the pandemic but my heart is relaxed and I feel so much better now and my family is so much happier too. I used to take medication to help my mental health but I don’t have to do that anymore. I always used to think, one day I will be able to work. I had to wait 3 years before I was permitted to work when the government accepted my claim and believed I was a survivor. I thought the government would help me when I reported my case but they didn’t believe me at the beginning which made me feel like I was dying, I can’t explain how it made me feel.

Why do you think it is important for survivors to have access to work whilst they are waiting for their claims to be decided by the Home Office?

We need to be able to support ourselves as survivors. We need to support our families. We need to overcome our past and what we have gone through. I had problems with my mind and with my body, it was the stress of everything that had happened. If survivors could work, we would have a new opportunity to help ourselves and our families. We could also contribute to the country and pay taxes. Our families would be safe and happy and this would make us happy too.

*This survivor’s name has been changed to protect her identity.

Watch below to hear from Maria speak at the Human Trafficking Foundation’s Forum on the importance of access to work (May 2021).


Help us reach out to more migrant domestic workers

Do you work with or provide support to migrant communities in the UK? Could you help us reach out to more migrant domestic workers? Kalayaan would love to hear from you

Kalayaan is developing a new outreach model and is keen to hear from NGOs, charities and businesses across the UK who support or speak to migrants in order to raise awareness of the independent services Kalayaan provides.

We want to be able to reach out to communities who include mainly – but not exclusively – Filipino, Indian and Indonesian migrant domestic workers who might need our help. Kalayaan can provide immigration advice and services and discuss any employment issues workers may be having with their employer in the UK. All services are free and confidential and are designed to empower workers so they know and can enforce their rights in the UK.

As part of this work we have developed some materials with our contact details on which we would be happy to share with different organisations. These materials include posters in various sizes and leaflets with details of our services and how we are campaigning for better protections for workers. We would love to have these displayed in community centres and in public places across the UK so that more workers can learn of our services and how to get in touch with us if they ever need help. We have also designed some banner pens with our contact details. All of our materials are produced in English, Tagalog, Hindi and Bahasa.

If you would like to help Kalayaan reach more workers or to find out more, please get in touch with us: outreach@kalayaan.org.uk.

Blog by Miela Lilles (Kalayaan Volunteer)


Strong support from Peers to end slavery of domestic workers

On Wednesday 10th December the Modern Slavery Bill reached Committee Stage in the House of Lords. Amendment 94, which would have done much to protect Overseas Domestic Workers from slavery but allowing them to change employer and apply to renew their visa if in full time employment as a domestic worker in a private household, was hotly debated. It is clear that many Peers keenly feel the injustice of the current system which bonds migrant domestic workers to their employers.

Disappointingly the Government continue to attempt to defend the current arrangement; in spite of all the evidence to date showing that the abuse of migrant domestic workers is being facilitated by the tied ODW visa. There is likely to be a vote on this matter at Report stage in February and Kalayaan remains positive that Peers will demand that the current tied visa is reversed.

 


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