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asylum support crisis response website...helping to secure housing and support for eu accession nationals
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Stop Press - Home Office: has given in…almost 3000 households saved from imminent abyss, legal case postponed
What's New: Alerts
Summaries:
| 03 June 04 | Refugee Council issues briefing detailing their concerns about: the lack of planning, notice and consultation over the options available to people, scale of potential destitution, homelessness, race relations implications and says further legal challenges on a "number of fronts" are being considered. With delays in securing employment or self-employment, worker registration, obtaining national insurance numbers, processing benefits applications by the DWP, Inland Revenue and local authorities and delays carrying out assessments.
| 28 May 04 | NASS to start sending letters out, giving 3 days notice of an assessment visit. Support could be stopped immediately if no one is available for assessment. Advisers can ask support agencies or landlords to be informed of visits. Written notice of 14 to 28 days to be given, with reasons for decision, if NASS believe support should not be continued. Rights of appeal to the Asylum Support Adjudicator (ASA) against any decision to refuse support can still be exercised. NASS trying to sort out problems with documents needed to prove people have the right to work.
| 24 May 04 | NASS revises Asylum Support Appeals bulletin No: 23. Community Care Magazine reports that more than 150 people have been refused support. Article does not give any reference to the Section 55 Limbuela judgement of 21 May 2004 or the Indefinite Leave to Remain (ILR) amnesty. Article seems to be based on 17 May 2004 Hansard report, in which Des Browne confirmed that people could continue to be supported if failing to do so contravened their convention (human-rights) or Community Treaty rights. Rights that NASS never properly addressed in its original blanket-policy attempt to cancel everyones accommodation and welfare benefit support on 1 May 2004.
| 21 May 04 No: 4 | Full-text of ground-breaking Section 55 Limbuela judgement available for download in html, pdf, text and word versions. Which offers the most definitive guidance on how rules should be applied to core aspects of the NASS and Local Authority asylum support EU accession cases.
| 21 May 04 No: 3 | Citizens' Advice calls for in-human law to be scrapped. After court judge said it was "abhorrent, illogical and expense" for the Home Office to "wait-and-see" how a persons situation could become on the verge of "inhuman and degrading treatment" by denial of the right to work, housing and welfare-benefits to survive. The Home Office was therefore found to be in breach of Article 3 of the European Convention on Human Rights
| 21 May 04 No: 2 | Shelter is a basic human right, says Court of Appeal as Charity Shelter today heralds the Court of Appeal ruling saying that ‘shelter of some form from the elements at night’ is a ‘basic amenity’ as Blunkett loses 3 Section 55 asylum support appeals at the Court of Appeal. Shelter requests urgent help to find case studies, as court case has potentially huge implications for "single homelessness and the statutory housing rights of people from abroad" Court states case-by-case ECHR Article 3 'inhuman and degrading treatment' appeals should not be dealt with through the courts. The Home Office may now need to carry out a root-and-branch review of its asylum-support policies and procedures, especially getting rid of rules that deny people from the right for NASS to review any decision by them to refuse support. Further media reports.
| 21 May 04 No: 1 | Housing Today magazine report that EU accession families and single people are saved from eviction after the "Home Office abandoned its hardline policy"
| 18 May 04 | Gloucestershire Action for Refugees and Asylum Seekers (Garas) help families and single people overcome shock and despair at having services cut. Refugee Childrens' Consortium discuss bungled attempt at evicting familes, causing chaos, confusion and litigation.
| 15 May 04 | One page summary of situation, to date.
| 14 May 04 | Climate of fear, The Home Office have given in...The Treasury Solicitor sends letter to Pierce Glynn Solicitors, which confirms High Court challenge adjourned for 5 to 6 weeks: Dated 14th May 2004. Letter from Director of NASS to Chief Executives about continuing and terminating support: Dated 14th May 2004. Solicitors letter and all others can be downloaded from this website. London Asylum Seekers Consortium (LASC) to hold meeting on EU accession and Indefinite Leave to Remain (ILR) amnesty. Interesting! media report about non-loss of accommodation...and mis-understandings about fundamental human rights. Funding problems for local authorities. Solicitor expresses note of thanks.
| 11 May 04 | Leaflets updated for asylum seekers and their advisers. NASS note: Home Office retained ID not required to register as a worker. NASS letter to Chief Executives about Indefinite Leave to Remain amnesty. More case law added.
| 10 May 04 | Indefinite Leave to Remain (ILR) amnesty: Letter from David Blunkett to Citizen's Advice, confirms those being considered will have housing and support continued until a decision is made. How to apply
| 7 May 04 | Home Office perform an 11th-hour U-turn. Period of grace for asylum seekers to find "work". Councils offered say in judicial review on asylum seekers for new EU states. London Asylum Seekers Consortium (LASC) to hold urgent meeting on EU accession and 1998 Human Rights Act, LASC training notes available
| 5 May 04 | NASS: "Urgent review launched" Threatened with eviction? Telephone NASS on 020 8633 0341 - Leave for Judicial Review against the DWP refused. Urgent Request: Please email evidence of difficulties people have getting into work. High Court case notes on breaches of human rights and being unreasonable, case to be heard next week for two days, after the Limbuela Section 55 judgement has been issued.
| 4 May 04 - No: 3 | Leave for Judicial Review granted, to challenge "unlawful and discriminatory" policies. Not reasonable to cut off housing and support. Court not pleased to be used to sort out mess, causing waste of public money. Three months requested to sort things out, Challenges to benefits regulations. Are other regulations discriminatory? Questions about... remain. Further media reports
| 4 May 04 - No: 2 | Battle Won, as "The Way it has been done is arguably unfair" Justice Collins. Roma families trapped
| 4 May 04 - No:1 | Des Browne states "no evictions", NASS emergency number given out on BBC Radio 4, NASS says people can stay in their accommodation, Kafka insults: At start of a Bank Holiday told to look for work or get out, No papers to work, Told to work from Saturday, Worker regulations published Friday, Delays with leave to remain 'Amnesty', Asylum Support court cases this week, Advisers struggling sorting lives out, Test cases on welfare benefits, Website Poster created, Further media reports
| 1 May 04 | Red Cross providing tents, Accession Worker Registration and Habitual Residence Test regulations published, Race backlash fear, Roma and powerful exclusionary forces, Further media reports
| 30 April 04 - No: 2 | Model letters to Social Services requesting help, Shelter provide emergency service and send letter to Chief Executives, Local authorities stop evictions and apply pressure on Home Office, Medical Foundation for the Care of Victims of Torture offers help, David Blunkett letter to Chair of Local Government Association, What to do flow chart, Refugee Council Press Releases, Des Browne confirms NASS to review cases, Further media reports
| 30 April 04 - No: 1 | Bank Holiday contacts: NASS issues emergency paper and telephone numbers, Child Poverty Action Group (CPAG) looking for welfare benefit test cases, Details of three successful Asylum Support Adjudicator appeals, 'Council believes it has found a way of continuing to support', Councils in last-ditch bid to save asylum families. Further media reports
| 29 April 04 | Reprieve - NASS and local authorities will hold off on evicting asylum seekers and will provide them with emergency support
| 28 April 04 | '. . .crisis looms as families cut adrift, Catastrophe will strike - people are devastated and frightened
| 27 April - 04 | Specimen grounds for Judicial Review and a bundle of new documents added to support High Court and Asylum Support Adjudicator (ASA) appeals and representations. Further media reports
| 26 April 04 | NASS to review cases, Out of time Asylum Support (ASA) appeals allowed, Local authority agrees to carry out assessments, Wanted: Counsel willing to represent pro bono at ASA and Solicitors to take on cases, Refugee Council Briefing, Roma community groups desperate for help
| 25 April 04 | Website launched
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Are you an asylum seeker from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia?

| Download this information as a leaflet | and | 10 page advisers guide |

On May 1st, these countries joined the European Union. This does not stop you from continuing with your claim for asylum, but it may affect your asylum support and any accommodation provided by the National Asylum Support Service (NASS) or local authority social services departments. You may already have had a notice telling you that you will lose your accommodation and support. These are new laws and there is a lot of uncertainty about your rights and options. The government has told local authorities what to do, but many lawyers believe that these instructions are not lawful and hope to change them through court action.

What can I do?

Appeal

If you have been told that you are to lose your accommodation or support from NASS you can appeal to the Asylum Support Adjudicators. You may want to argue that:

  • You have not been given enough time between being told you must leave and actually having to leave ("enough notice of the withdrawal of services")
  • Your individual circumstances have not been taken into account
  • The withdrawal of services is legally wrong

You can get free help with this appeal from a lawyer (paid for by the Community Legal Service) or an advice service.

Appeals need to be made as soon as possible, but even if the official time limit for appealing is over, it is still possible to put in a late appeal, if you can show a good reason for being late.

The more help you can get with an application to an Asylum Support Adjudicator the better, but even if you can get only a little help with filling in the forms, it is still worth going along to the appeal and explaining your individual situation.

If Social Services are providing your accommodation or support, there is no appeal to an asylum support adjudicator system, but a lawyer can take a court case to keep your accommodation and support or suspend the withdrawal.

Get advice and support

You have a lot of decisions to make and may need help with forms, applications and appeals. If an organisation that gave you this leaflet they may be able to help or to recommend another organisation to do it. It is especially important that you keep in touch, because, with legal cases going on, your rights and options may change a lot in the coming weeks and you need to be kept informed about this.

If you are in a flat or house, you do NOT have to leave on May 1st: you can insist that you will not go unless a court orders you out. But you should get advice about this.

Get help from Social Services or NASS

The government has agreed that they will not stop your accommodation and support in certain circumstances. You should telephone 0208 633 0341 to make sure your accommodation and support is continued, however it is provided by the council or by NASS. If you have already lost your accommodation or support it is worth telephoning the number anyway.

The government has agreed that

  • People who are waiting for the amnesty (see below)
  • People who are seeking or just starting work

Should be allowed to stay in their accommodation, and may also continue getting support until they get their amnesty or their job.

There is also a court case due to be heard towards the end of May 2004 that will look at whether it is reasonable for people to lose their accommodation or support with so little notice. Until that is decided, councils and NASS should not evict if you contact them and tell them that you want to stay until then.

The law says that your accommodation or support should not be taken away if this would be an abuse of your human rights. It says that children cannot be left without any accommodation and support, even if their parents can.

Social services have a responsibility towards children, old people, the ill, the disabled and other people who are vulnerable, which may include accommodating and supporting them if no-one else can. You may need a lawyer or adviser's help to convince them to help you. You should be able to get help if:

  • You have children and there is nowhere for you to live or you have no money for basic necessities like food
  • You are ill or disabled and there is nowhere for you to live and you have nothing to eat
  • You have been forced to sleep rough and do not know where your next meal is coming from
  • You have children but need help with childcare, support, other expenses or accommodation until you can get work
Social Services may tell you that they cannot help you at all unless you agree to go home. This is not true, but if they insist you should get advice

Start work

From May 1st, all people from the 8 countries listed at the start of this information have the right to work in the UK. There are special rules for people who are already working legally in the UK, but these do not apply to asylum seekers or anyone who was not allowed to work by the immigration authorities. Within the first month after starting work, you must register with the Home Office to get a registration card and certificate, which will cost £50. You will be asked for a National Insurance number, which you can apply for through the local jobcentre plus, but you can start work without one. Your employer will need proof that you are a citizen of an EU country: a letter from an advice centre should help with this as long as you get your passport or some other form of ID soon and can then show the employer the registration card and certificate when they arrive.

When you are in work you may be able to claim benefits to help pay the rent (Housing Benefit) and Council Tax. You may also be able to claim tax credits if you are not earning very much money and to help pay for childcare. You can be working part-time or full time and can have either a permanent or a temporary job.

Workers whose households include anyone who is pregnant, elderly, disabled, ill or vulnerable or whose families include children can get the local council to give them temporary accommodation until they find a permanent home, by applying for help as a homeless person. This application can be made by any adult in the family. All workers and their family members can apply to go on council housing lists, but in many areas it is unlikely that this will get you any accommodation soon. Once you have been a registered worker for 12 months you can get a residence permit and will be able to claim all benefits and housing services and work without registering.

Alternatively, you could become self-employed. You do not need to register under the Home Office scheme for this, nor do you need a national insurance number to start, but you would need to show that you will make some money. You would have to register as self employed with the Inland Revenue who collect taxes. An advice centre can show you how to do this.

The government has said that it would like to help those who start working, and it is looking at whether it is possible for them to stay in their asylum accommodation and pay rent (with help from housing benefit if needed). If you want this, contact the NASS telephone number 0208 633 0341 and ask them to do it.

Wait for the amnesty (backlog clearance programme)

Families who

  • Applied for asylum before October 2nd 2000 and
  • Include at least one dependant in the UK who has lived in the UK since October 2nd 2000 and was still under 18 on October 24th 2003 and
  • Do not include anyone with a criminal conviction, an anti-social behavior order or a sex offenders order, or who has made multiple asylum applications

should have been contacted to fill out a questionnaire with a view to getting offered indefinite leave to remain. If you are one of these families and have not had a questionnaire, get advice immediately. If you have had a questionnaire, fill it out immediately, keep a copy and send it off. If you have sent back the questionnaire, or if you are covered by the conditions set out above, you will be able to get accommodation or support from social services or NASS until you get your leave. Telephone the NASS number 0208 633 0341 if you are given notice to leave and explain that you want to stay there until you get your amnesty. Ask them to send a questionnaire if you have not already returned one. Once you get leave, you will be able to claim benefits, apply for housing and work.

Claim benefits

A small number of people who are in the UK from the countries listed above can claim basic benefits (Income Support, Income Based Job Seekers Allowance, Housing Benefit, Council Tax Benefit) if they are not working.

  • If you were already on these benefits or were entitled to be on them on 30th April you can continue to get them from 1st May 2004. This includes asylum seekers who were getting benefits at a lower rate because they applied for asylum on entry before April 2000 or generally before February 1996 and have not yet had a decision on their asylum case
  • If you have the right to reside in the UK then you can claim benefits. The right to reside means that you have leave to enter or remain. If you applied for asylum while legally in the UK (for example, as a visitor) and your asylum claim is still going on, or you have appealed within the time limits, you still have the right to reside in the UK and so can claim the basic benefits
  • People from the Czech republic, Hungary, Latvia, Poland and Slovakia may have had the right to benefits before 30th April 2004, because they were legally present and habitually resident in the UK. If you did not realise you could have claimed benefits before then, you can claim now for backdated benefit explaining why you did not claim before, and if the claim is agreed you will get benefits after that date as long as you are entitled.

People from EU countries can also claim Disability Living Allowance if they have needed help for 3 months because of a severe physical or mental illness or disability, and are likely to need it for at least another 6 months.

Return to your home country

If you want to return to your home country you are free to do so, but your asylum claim will end when you leave the UK. As a European national you will be able to travel freely to and from the UK, but you will only be able to claim benefits and housing if you come back to the UK, if are a registered worker or have been one for 12 months. If you want to consider your options for returning you could contact the Choices voluntary return project: an advice agency can tell you how. People who want to return home can ask their local authority for help with the cost of travel and also for somewhere to live until they leave. You can only get this help once. For this reason you need to be clear on your decision to return home, and if you are not, to get advice. This is not a short-cut for getting food and shelter, but part of a bigger decision on whether you want to work and live in the UK and whether you are safe to go home.

 


11th May 2004