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Supporting people with No Recourse to Public FundsGood practice in homelessness services

Tasmin Maitland, Head of Innovation and Good Practice

tasmin.maitland@homelesslink.org.uk

@tasmin_igp

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Refugees have recourse to public funds!

Refugee status

Humanitarian protection

Discretionary leave

Indefinite leave to remain

usually same entitlement to public funds as UK citizens and able to work

although, increasingly, discretionary leave is awarded with NRPF

www.homeless.org.uk/effective-action/refugees

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NRPF refers to people who are subject to immigration control and have no entitlement to welfare benefits or public housing

High risk of homelessness and destitution

No access to mainstream housing, welfare benefits

No / limited access to employment

Hidden homeless

Mistrust of statutory and voluntary agencies

Few specialist services

Generic services reluctant to engage – assume nothing can be done

The issue

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Asylum seekers

o asylum claim in process, Home Office Asylum Supporto reached the end of the legal process and been refused

Undocumented or ‘irregular’ migrantso entered without a visao stayed after visa expiry o other immigration irregularities

Documented or ‘regular’ migrants with no incomeo entered with visa, loss of income due to change in circumstances

Migrants who do not have the right to resideo includes non-EEA migrants and some EEA nationals

Migrants who do not pass the habitual residence testo includes returning UK citizens

Who has no recourse to public funds?

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It is Home Office Immigration Enforcement’s role to take action where necessary, not the role of charities.

Even when a client has absconded (i.e. evaded Home Office reporting, detention or deportation) there is no obligation on services to contact the Home Office and report them.

It is legal to support ‘irregular’ migrants

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1. Return to ‘country of origin’

2. Regularise immigration status to remain in the UK legally

3. Start or re-start a claim for asylum

4. Get support to alleviate destitution

Assessment & Support

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Check status, collect information, source translation

Explain all the options at the start

Legal aid

Working with Home Office Immigration

Home Office financial support:o Section 95: active asylum claims

o Section 4: hardship claims

Accommodation:o Specialist services

o Voluntary sector – night shelters, SWEP, spare room schemes, hostels, supported housing etc

Local Authority / Social Services / Mental Health

Assessment & Support

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Statutory sources:

o Home Office Asylum Support

o Local Authority Homelessness Grant

o Social Services

o Mental Health Act

o Domestic Violence (Local Authority)

Voluntary sector:

Mixed funding streams for bed space allocation

Grants and donations

Challenging ‘contract culture’

Funding

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ResourcesHomeless Link guidance:

www.homeless.org.uk/effective-action/nrpf

www.homeless.org.uk/effective-action/refugees

www.homeless.org.uk/effective-action/trafficking

www.homeless.org.uk/effective-action/EEAresponseandoffer

www.homeless.org.uk/effective-action/reconnectingroughsleepers

www.homeless.org.uk/effective-action/EEAentitlements

Other useful links:

www.nrpfnetwork.org.uk

www.lawcentres.org.uk

www.asylumaid.org.uk

www.ilpa.org.uk

tasmin.maitland@homelesslink.org.uk

Refugee Action’s Services

Refugee Action is a independent national charity working to enable migrants to build new lives. With more than 30 years’ experience, we empower refugees, asylum seekers and migrants by providing confidential, impartial and non-directive advice.

Support and Advice to

Asylum SeekersUNHCR Gateway

Protection Programme for

Refugees

Policy and Campaigning

Assisted Voluntary Return

Choices

Model of Advice

Choices

Client Centred• Explore all options available

to client• Life in UK• Legal avenues (OISC 2)

Impartial, non-directive & independent

Empower clients to make their own informed decision

ConfidentialNo personal details need be given, nor will any be passed on to 3rd parties (including UKBA), in order to obtain information and advice.

Motivation of ReturnPull Factors

• Change of government

• Peace agreement

• Family Illness

• Death/bereavement

• Offer of employment

• Marriage

• Partner and family ask to return

• Homesickness

Push Factors

• Refusal of asylum/appeal

• Time waiting for decision

• Refusal of a friend/family member

• Poor accommodation/Destitution

• Limited access to legal advice

• Unable to seek employment

• Language difficulties

• Isolation/loneliness

• Cultural differences/way of life

Choices

Assisted Voluntary Return Programmes

• Assisted Voluntary Return for Irregular Migrants programme (AVRIM)

• Voluntary Assisted Return and Reintegration Programme (VARRP)

• Assisted Voluntary Return for Families and Children Programme (AVRFC)

Choices

Eligibility Criteria

• Irregular Migrants

• Asylum Seekers or refused Asylum Seekers

• Migrants with Discretionary Leave to Remain

Not eligible if:

• Subject to on going criminal proceedings in the UK

• Received prison sentence in UK which adds up to 12 months or more (FRS)

• Removal Directions issued

Choices

Assisted Voluntary Return Programmes

Our 3 programmes offer:

• Flight and onward travel to final destination• Assistance with obtaining Travel Documents• Reintegration planning• Assistance at the airport

In addition financial assistance is provided to:

• Asylum Seekers and migrants with Discretionary Leave to Remain - up to £1500

• All families and unaccompanied minors – up to £2000 per family member

• Irregular Migrants -vulnerability payment up to £1000 in exceptional circumstances

Choices

Client Journey

Choices

Pre-Decision

Stage

• Non-directive advice• Completing form• Signposting/referral

Logistics Stage

• Travel Document• Flight

Reintegration Stage

• Reinegration Plan

Safeguarding Policies

• Physical and Mental Health Needs

• Victims of Trafficking (NRM, Salvation Army, First

Responder)

• Domestic Violence

• High Risk Countries

• Unaccompanied Minors (Best Interest Assessment/Social,

CFAB)

Choices

Assistance by our Overseas Partners

• Meet and Greet at Airport

• Reintegration payments

• Advice and assistance

• Tailored reintegration packages

Choices

• Algeria• Bangladesh• Bolivia• Brazil• China• Ghana• India• Iraq • Jamaica• Malawi• Mauritius• Mongolia• Nigeria• Pakistan• South Africa• Sri Lanka• Uganda• Zimbabwe

How to contact Choices

Clients can call us Freephone on:

0808 800 0007

Or visit the Choices website:www.choices-avr.org.uk

Choices

We have multilingual Leaflets and posters available

Drop-in Sessions:Mondays &

Wednesdays10am – 12pm2pm – 4pm

Personal Contact Details

Aftaar Malik

AftaarM@refugee-action.org.uk

Mobile: 07795300766

Choices Freephone Number: 08088000007

Referrals: ChoicesDutyLondon@refugee-action.org.uk

Choices

Accommodating People with No Recourse to Public Funds

Set up Boaz Trust in 2004 To provide accommodation and holistic

support for destitute asylum seekers Currently supporting 78 people: 58

refused asylum seekers with NRPF and 20 refugees.

Accommodating People with No Recourse to Public Funds

NACCOM began in 2005 Network of organisations accommodating

destitute asylum seekers and migrants Currently 31 projects from Brighton to

Glasgow July 2013 there were 374 accommodated naccom.org.uk/news report - “Tackling

homelessness and destitution”

Accommodating People with NRPF – The Challenges

Not mainstream: against the tide Hard to fund (especially statutory): no

rents or HB Not profitable Long-term sustainability The numbers with NRPF are huge!

Accommodating People with NRPF – Solutions

Think outside the box Schemes will be ethos-driven Quality staff working for less Shared resources Working with people of goodwill Less statutory = more resilient

Accommodating People with NRPF – Schemes

Hosting: spare rooms in private houses Night shelters Religious orders / communities

Accommodating People with NRPF – Housing Schemes

Rented for NRPF Asylum Link Merseyside

Private Leased Boaz Trust

Vicarages / Presbyteries Arimathea Trust

Housing Associations Hope Housing

Rented Mixed Open Door NE

Accommodating People with NRPF – Considerations

There must be a way out of NRPF There must be wide support, or staff and

volunteers will burn out Good communications are essential Campaigning is also important Funding will always be needed but seek

sustainability

Accommodating People with NRPF – Conclusion

It can be done! It requires determination and innovation Ultimately there has to be a political

solution