Commission

eflect without concerns about new employers. Once someone has B8 status they are allowed to
work. If they have no work, they can apply for welfare support. Those with B8 status have a dedicated
case-worker who supports them to file paperwork required for such benefits. Support providers
also provide assistance in applying for benefits.
Similarly, trafficked persons interviewed in the UK expressed a strong desire to work. This was
particularly the case for trafficked persons who had migrated to the UK for the purpose of work
in order to send money home. Eligibility to work for trafficked persons in the UK is dependent on
immigration status. If a person is determined by the UK Home Office to be a victim of trafficking,
they may be granted Discretionary Leave for one year, which entitles a person to work. Discretionary
Leave is granted in compelling personal circumstances or where the individual is cooperating in
an ongoing police investigation. In the current system, victims tend to prefer to claim asylum as a
successful claim provides a longer and more secure grant of leave to remain via refugee status or humanitarian
protection. EEA nationals do not require leave to remain to continue to live and work in
the UK, however one support organization reported that Discretionary Leave is increasingly being
sought and awarded to EEA victims of trafficking in order to provide them easier access to benefits.
GAPS
Limited employment options leads to re-trafficking
For many trafficked persons, economic pressure to contribute to or support family members means
that they have few options but to return immediately to the job market, even if this implies accepting
less than desirable and possibly even close to exploitative working arrangements (working overtime,
not taking breaks, working on the grey market, unqualified jobs, jobs under their educational level).
“When I returned home, I just wanted to find a job, no matter the conditions; I was thinking that I
have to work as quickly for my two children” (Interview with trafficked person, Romania, 2015)
Trafficked persons face further obstacles in Romania as they may only receive benefits or the national
minimum wage if they disclose their identity. The State provides for a minimum wage to be granted
to everyone, by means of a subsidy, but this subsidy must be applied for by providing data and information
about the reason for application. Such information is then known to the social services and
local authorities in the areas of residence of victims and may produce additional community stigma,
especially in small communities. On weighing the costs and benefits of this programme, ADPARE
does not advise its clients to apply, as it considers it to be a violation of their privacy. Furthermore
in practice, social housing is not available to trafficked persons as the waiting lists are so long. Given
the high number of requests for housing, trafficked persons may wait for years until they receive
any support.
Recent restrictions on access to benefits for EEA nationals in the UK means that without employment,
trafficked persons face homelessness and destitution upon termination of NRM support.
This means that their need for employment is all the more pressing. This desperation leads to an
increased risk of exploitation, as observed by migrant and homelessness organisations in the UK.
Benefit restrictions also pose a problem for victims in the Netherlands. Should trafficked persons
from outside the EEA no longer be recognised as such then their residence permit and, linked to
that, their income support and work permits are removed. At this stage trafficked persons who
are third country nationals become undocumented and vulnerable. This leaves victims of trafficking
vulnerable to exploitation and in need of an alternative State supported safety net.
RECOMMENDATIONS
1. Comprehensive employability services should be offered to all trafficked persons
In order to increase the likelihood that trafficked persons will secure safe employment, it is recommended
that a range of employability services be offered including CV workshops, volunteer placements,
IT training and English classes, as well as information on labour rights. These offer meaningful
and helpful skills-building activities and can be a way of combatting social isolation and boredom.
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