Responsible person: Paul Grimsey
Policy Projects Manager
Reviewed 15.7.05
1. Introduction
2. Requests for support from adults from abroad with no means of support
2.1 Asylum Seekers
2.2 Refugees
2.3 Illegal Immigrants
3. Requests for support from refugee children and unaccompanied asylum seeking children
3.1 Refugee Children
3.2 Unaccompanied Asylum Seeking Children
3.3 Unaccompanied asylum seeking children (UASCs) who want to live with a
friend or relative
4. Frequently Asked Questions
5. Definitions
6. Useful Contacts
This guidance relates to people from abroad (without British Nationality) who present at Social Services with no apparent means of financial support.
Determine if the person is an Asylum Seeker, Refugee or an Illegal Immigrant by asking to see their documentation.
2.1 Asylum Seekers
All individuals who have claimed asylum are issued with an ARC (Application Registration Card) or a SAL 1 (Standard Acknowledgement Letter.) They are advised to carry it with them at all times. Both forms of ID include a photograph and date of birth.
If someone does not have the above ID but says they are an asylum seeker then you or the individual concerned can contact the regional office of the National Asylum Support Service (NASS) (see useful contacts), or if necessary the Immigration Service in Plymouth.
The support needs of asylum seekers should be met by the National Asylum Support Service unless there is a need for residential accommodation as a result of infirmity and destitution.
2.2 Refugees
People formally recognised as refugees have the same rights entitlements as UK citizens. They may need advice on where to get information about their entitlements.
2.3 llegal Immigrants
Ilegal Immigrants should be advised to seek legal advice from a solicitor with specific knowledge of immigration issues, and to inform the Immigration Service.
If it is not possible to communicate with the person in English contact Language Line – an interpreting and translation service subscribed to by DCC.
A refugee child is entitled to the same services under Section 20 and Section 17 of the Children's Act 1989 as any child born in this country. They are also entitled to education and health care.
3.2 Unaccompanied Asylum Seeking Children (UASCs)
One of the difficulties in providing services is deciding whether a young person is under 18, as many arrive with either false, incomplete or no papers. Carry out:-
If you establish he/she is over 18 and been NASS supported he/she must return to his/her dispersal location. Contact Regional NASS.
If the person under 18 has been supported by another Social Services Children’s Team in the past he/she should return to the area where he/she was first supported. Contact the area where support was offered in the past and confirm with the county solicitor that his/her individual circumstances do not make him/her the responsibility of DCC.
If the person under 18 has not been supported by any other Social Services Children’s Team in the past he/she is the responsibility of the local Social Services Children’s Team for accommodation and support. Check with the Immigration service to see if they have any knowledge of the person. Contact the County Solicitor to determine the extent of the support that should be offered – make sure that he/she is aware of the outcomes of all the document, age assessment and immigration checks that have been made. In the light of this information the County Solicitor will determine the extent of the support that should be offered.
Further advice and information can be obtained from Joe Heatley – NASS Specialist Advisor on Children’s Services (Croydon) or Refugee Council – children’s advice line
3.3 Unaccompanied asylum seeking children who want to live with a friend or
relative
An unaccompanied asylum seeking child who wants to live with a NASS supported friend/relative can do so. However, Social Services has a duty of care to check that the carer and accommodation are appropriate. If appropriate the carer (with Social Services help) must advise NASS of their change of circumstances and NASS will arrange for additional monies to be paid to the carer in recognition of the support they are offering the child.
An unaccompanied asylum seeking child who wants to live with a friend/relative who is not an asylum seeker can do so. However, Social Services has a duty of care to determine if the carer and accommodation are appropriate. If appropriate Social Services need to provide financial support to the carer and claim the money back from the Home Office. Contact the County Solicitor to determine the extent of the support that should be offered and Martin Roberts (Management Accounts) for details about reclaiming costs from the Home Office.
NB:
1. It is essential to consider whether the child is being privately fostered. A revised policy and procedures on private fostering will be published early in 2005. ( for more information contact Alison Davies Policy and Standards Manager - Childrens Services)
2. if an unaccompanied asylum seeking child arrives in the Britain in the care of, or to be in the care of an adult relative or friend and the care being provided by the adult(s) subsequently breaks down, the child becomes the responsibility of Social Services and the cost of support cannot be reclaimed from the Home Office.
Is there a team that deals exclusively with Asylum Seekers?
No. The Asylum Seekers Project Team set up to work with asylum seekers dispersed to Exeter from Kent and London is being disbanded and so is no longer able to offer any help or advice.
Someone has presented to the office claiming that they have the right to be in the UK. How can I be sure?
ALL individuals who have claimed asylum are issued with an ARC (Asylum Registration Card) or a SAL 1 (Standard Acknowledgement Letter.) They are advised to carry it with them at all times. Both forms of ID include a photograph and date of birth.
If someone does not have the above ID but says they are an asylum seeker then contact the National Asylum Support Service or Immigration Service to verify the situation.
Someone has presented to the office with a paper saying that they have been granted Humanitarian Protection or Exceptional Leave to Remain or Discretionary Leave but that they have a negative decision on their asylum claim. Are they entitled to anything?
Whilst Humanitarian Protection, Exceptional Leave to Remain and Discretionary Leave are considered to be negative asylum decisions they entitle the holder to temporary permission to remain in the UK. The date to which permission is granted is shown in the letter from the Home Office. A person with Humanitarian Protection, Exceptional Leave to Remain or Discretionary Leave is allowed to work and/or can claim full state benefits up to this date.
An adult asylum seeker who is NASS supported but living with a friend has been told by the friend that they can no longer stay there what should I do?
The asylum seeker or you should contact Refugee Action. Refugee Action may be able to provide temporary emergency accommodation for the asylum seeker and will liaise with NASS re permanent accommodation and support.
NB The temporary and permanent accommodation could be anywhere in the UK.
Client Groups
Asylum Seeker
An asylum seeker is a person who has formally applied for asylum and therefore wants to be recognised as a refugee but whose asylum application has not been decided.
Illegal Immigrant
An Illegal immigrant is a person who has entered a country illegally, or is staying in a country illegally having entered it legally but remained beyond the date by which they should leave.
Migrant
A migrant is a person who moves to another country or to another area within his/her own country to work. This is often for a limited period.
Refugee
A refugee is a person who has fled their home and country because of danger..Under International Law, refugees are people who have fled because of a well founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. They are also unable to get protection from their own government.
Immigration Status
Discretionary Leave (DL)
Discretionary Leave is granted to a person who does not qualify for refugee status but their removal from the UK would result in a breach of their human rights or alternatively they cannot be removed for practical reasons. DL is time limited for up to 3 years. For unaccompanied asylum seeking children the leave granted will be 3 years or until the 18th birthday whichever is soonest. A person with DL can work or claim state benefit for the period that DL is granted.
Exceptional Leave to Enter (ELE)
Exceptional Leave to Enter is very rarely issued now but in the past was issued to port applicants. Effectively ELE entitled the person to remain in the UK for up to 4 years. A person with ELE can work or claim state benefit for the period that ELE is granted.
Exceptional Leave to Remain (ELR)
Exceptional Leave to Remain grants a person up to 4 years permission to remain in the UK. It is no longer being issued and has been replaced by Humanitarian Protection and Discretionary Leave to Remain. A person with ELR can work or claim state benefit for the period that ELR is granted.
Humanitarian Protection (HP)
Humanitarian Protection is granted to a person who does not meet the criteria for refugee status but would face a real risk of death, torture or other inhuman or degrading treatment if they were to return to their home country. DL is time limited for up to 3 years. A person with HP can work or claim state benefit for the period that HP is granted.
Indefinite Leave to Enter (ILE)
Indefinite Leave to Enter is effectively the same as that of someone with ILR but is either issued in an independent country before the person arrives in the UK or is issued to port applicants (people applying for asylum at their airport, seaport or station of entry to the UK). A person with ILE has no conditions set on their stay in the UK – they have the same rights as any UK citizen. A person with ILE can work or claim state benefit.
Indefinite Leave to Remain (ILR)
Indefinite Leave to Remain gives a person permission to remain in the UK indefinitely ie permission is not time specific. A person with ILR has no conditions set on their stay in the UK – they have the same rights as any UK citizen. A person with ILR can work or claim state benefit.
Miscellaneous
Refugee Action
A charity working funded by the Home Office to provide advice and support to asylum seekers. This support includes the facilitation of access to NASS support and emergency accommodation.
Refugee Council
A registered charity offering advice and support to asylum seekers and refugees including working with refugee community organisations, training and employment courses for refugees, campaigning and lobbying for asylum seekers and refugees. Refugee Council also provide information on asylum and refugees issues.
National Asylum Support Service (NASS)
The branch of the Home Office dealing with accommodation and financial support of those people going through the asylum process ie asylum seekers.
Joe Heatley, NASS specialist advisor on children’s services (Croydon) - 020 860
46880
Home Office Immigration and Nationality Directorate web site - www.ind.homeoffice.gov.uk
Immigration Service (Plymouth) 3rd Floor Ballard House, West Hoe Road, Plymouth
PL1 3BJ - 01752 275150
Immigration Nationality Directorate - 0870 606 7766
Language Line - 020 7520 1430
Martin Roberts, Management Accounts AG25, County Hall, Topsham Road, Exeter
EX2 4QR Tel 01392 382448
NASS Regional help line (Bristol) Unit 1, Greystoke Business Centre, Portishead BS20 6PY -01275 815325
NASS General Enquiries Line - 0845 602 1739
Refugee Action (Plymouth) Virginia House, 40 Looe Street, Plymouth PL4 OEB –
01752 519860 or 01752 519867
Refugee Council children’s advice line (London)- 020 7582 4947
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