SEFTON LSCB Safeguarding Policies and Procedures Online Manual

    Issuing discretionary leave

    Last updated 18/05/2017

    If the Home Office decides the person is a victim of human trafficking or modern slavery and requires discretionary leave (DL) they must:

    • issue the positive conclusive grounds decision using the letter ‘NRM 07 Positive CD’ (ICD.4055 on CID Doc Gen) to the person (through their appointed representative)
    • grant discretionary leave in line with Home Office discretionary leave policy
    • notify all relevant parties
    • update CID with the outcome, either:
      • VoT DL Granted (personal circumstances)
      • VoT DL Granted should be used for those who have been granted DL based on assisting the police with their enquiries

    Where discretionary leave is appropriate, the Home Office must issue a Biometric Residence Permit (BRP) where guidance requires this to be issued.

    Issuing discretionary leave to dependents of victims

    If the victim of human trafficking or modern slavery (called VoT below) is granted discretionary leave their dependents (partners and children) can be granted discretionary leave in line. The process for granting discretionary leave to dependents for the Home Office Competent Authority is set out below.

    1. Add each dependant to GCID under one of the following case types:

    • DEP O18 (BRP) (Dep Child) (except paras 317-322) – LTR (this option allows children over the age of 18 to be granted in line)
    • DEP Children (BRP) (except paras 296-303) – LTR
    • DEP Spouses (BRP) (except paras 277-289) – LTR

    2. Link each of the above to the VoT’s (‘main applicant’s’) case type (PVoT Conclusive Grounds) – to do this you must:

    • go into the VoT’s CG case type in GCID
    • click on ‘Case Creation/Link/Unlink’
    • select the first spare line of the ‘Linked Cases’ section
    • click on ‘Link Case’ at the bottom of the screen (this will take you back to the search screen)
    • search for the dependent you require, then double click on their BRP case type (this should insert the dependant’s case type into the ‘Linked Cases’ section)
    • repeat for each dependent

    3. Outcome the VoT’s case (DL granted – personal circumstances/DL granted).This is the option used when the VoT is co-operating with police enquiries in the UK.

    4. Outcome each dependant (DL granted) in line with dates of the VoT.

    Process for further applications for discretionary leave

    1. Request for further DL received and approved.
    2. New case type CID case type (App for further leave DL/HP) for main applicant (prior to leave expiring is fine).
    3. Check that personal details are correct eg the address.
    4. Add each dependant (where applicable) to GCID under one of the following case types:

    • DEP O18 (BRP) (Dep Child) (except paras 317-322) – LTR
    • DEP Children (BRP) (except paras 296-303) – LTR
    • DEP Spouses (BRP) (except paras 277-289) – LTR

    5. New BRP letters issued.
    6. Once enrolled, case outcomes entered, appropriate expiry date and new cards requested.
    7. Old BRP card(s) to be returned prior to new card been issued.