Southampton and Winchester Visitors Group and Right to Rent: special problems for refused asylum seekers and a suggested solution

About SWVG Southampton and Winchester Visitors Group is a well-respected registered charity that has been offering practical advice and support to asylum seekers and refugees in the Southampton area for more than ten years. Much of our work is with refused asylum seekers who are invariably living in rented accommodation. In many cases SWVG, with the help of generous donors, pays the rent. A small network of landlords in Southampton are happy to accept our clients as tenants. Our support is always for a temporary period, the security allowing these clients to consider their options – either to take Voluntary Return or, if appropriate, to get the evidence needed for a fresh claim. During this time we provide friendship and support and ensure they have access to the best advice from immigration solicitors.

The impact of Right to Rent If Right to Rent is rolled out nationally, it will have a major impact on refused asylum seekers. Our clients and many others across the country would be unable to produce required documents for the checks that would be carried out by landlords. This is because, at this stage, they would not have status documents, including passports or visas, to show they have the right to live in the UK. Without secure accommodation, they will face homelessness and possibly destitution.

A solution SWVG is asking that asylum seekers who have their initial claim refused should be given a one year exemption from the Right to Rent regulations. This would allow them time to consider Voluntary Return or, if appropriate, prepare for a fresh claim – arranging necessary medical reports, getting and translating key documents, etc. Basically, it would be a breathing space during which they could discuss their options, get advice and plan for the future. It would prevent their becoming street- homeless, being exposed to the dangers of sleeping rough and the risk of exploitation. After some months, no more than a year, they could in a planned and orderly manner take Voluntary Return or, if a fresh claim has been submitted, move into National Asylum Support Service (NASS) accommodation. Why asylum seekers need this exemption The Right to Rent scheme is, on the face of it, designed to prevent migrants without permission to live in the UK from renting from landlords. It is not aimed at asylum seekers who often need time to recover from traumatic experiences. Having had their initial claims rejected, they are trying to work within the British legal system to get their cases heard a second time or, alternatively, consider taking Voluntary Return.

Our years of experience with asylum seekers demonstrates the value of providing support during this crucial period after an asylum claim has been refused. Since 2012, we have supported 68 clients on our ASSIST scheme which includes, where necessary, paying rent on their behalf to a private landlord. Of these, 27 have gone on to submit fresh claims (thereby becoming eligible for NASS support) while seven have returned (or are shortly to return) to their country of origin.

We cannot say for certain how many people who submitted fresh claims were then granted Leave to Remain, as it is not unusual for the group to lose contact with ex- clients in this situation. However, a significant number have gained Leave to Remain, including Nebi (see story below). If he and other clients had been forced into homelessness while preparing a fresh claim, they would have undoubtedly been denied justice and exposed to risk and severe hardship.

Nebi’s story Nebi is from Eritrea. He arrived in the UK, in a lorry, in 2007 after escaping through Sudan and Libya. After his initial claim for asylum was refused by the Home Office, SWVG provided him with financial and other support, including paying for him to live in private rented accommodation in Southampton for just under a year. Eventually, in 2013, his fresh claim was successful and he was granted Leave to Remain in the UK for five years. He is currently training to be both an accountant and a hairdresser, while working in the city as a waiter. How the exemption might work Asylum seekers whose initial claims are rejected are sent a dated letter by UK Visas and Immigration. They could show this letter to a landlord or other interested parties at any time during the next 12 months as confirmation of their status in the UK. Furthermore, in the case of clients such as ours, they would also have the backing of a registered charity.

We hope you will consider our submission sympathetically. We wish to stress that SWVG is not offering open-ended support to anyone. Furthermore, we are not trying to influence landlords or persuade them to take any client they do not wish to. However, we strongly believe that asylum seekers deserve to have their cases heard fairly and to get good advice about alternative options. Only through them receiving shelter as well as other support can this situation continue.