DEBRA support of non-UK citizens residing in the UK. (Refugees, asylum seekers and illegal immigrants)

 

Table of contents

1. Title
2. Policy Statement
3. Purpose
4. Scope
5. Objective
6. Policy detail
7. Procedure
8. Complaints Procedure
   Appendix

 

1. Title

DEBRA support for non-UK citizens residing in the UK.

 

2. Policy Statement

DEBRA is committed to providing a free, fair and accessible support to all UK citizens residing in the UK. This policy and guidance provides information for DEBRA staff, partners and stakeholders about the support non-UK citizens living with EB can expect to receive from the DEBRA EB Community Support Team. This support is provided regardless of age, gender, background, religion, ethnicity, sexual orientation, culture or type of EB. 

This policy was written with guidance taken from the gov.uk website, Guidance on Immigration. Please check the website for the most up-to-date information.

 

3. Purpose

To provide guidance to those living and working with individuals and families affected by EB who are not citizens of the United Kingdom.

 

4. Scope

This policy applies to all staff working within DEBRA, specifically the EB Community Support and Membership Teams. Information within the policy will inform other professionals and members of the EB community about the support non-UK citizens residing in the UK can expect from the DEBRA EB Community Support Team.

 

5. Objective

DEBRA aims to provide support of non-UK citizens residing in the UK which is both sensitive and practical and in keeping with the UK standards law and regulations.

Our aim is to make access to the service easy and transparent. The EB Community Support Team aims to provide an efficient, effective and confidential service which operates to the highest standards.

 

6. Policy detail

6.1 Definitions

6.1.1 Migrant

The term migrant can be understood as "any person who lives temporarily or permanently in a country where he or she was not born, and has acquired some significant social ties to this country”.

6.1.2 Asylum Seeker

A person who has left their home country as a political refugee and is seeking asylum in another. "Only asylum seekers who are granted refugee status are allowed to work in the country".

6.1.3 Refugee

A person who has been forced to leave their country in order to escape war, persecution or natural disaster. A person who ‘owing to a well-founded fear of being persecuted for the reasons of race, religion, nationality, memberships of a particular social group, or political opinion, is outside the country of his nationality and is unable to, or owing to such fear, is unwilling to avail him/herself of the protection.

6.1.4 Illegal Immigrant

Illegal immigration is the migration of people across national borders in a way that violates the immigration laws of the destination country. There are four major categories:

• people who have been smuggled into the country
• people who enter the country with false papers
• those who come with visa but stay beyond it
• asylum seekers whose cases fail but who stay in the UK.

6.1.5 Stateless People

A “stateless person” is someone who is not considered as a national by any state under the operation of its law (Article 1 of the 1954 Convention relating to the Status of Stateless Persons). Here, nationality refers to the legal bond between a person and a state.

 

7. Procedure

Please refer to the flowchart in the Appendix (Referral in form/pathway summary).

7.1 Referral to the Community Support Team

A referral about a non-UK citizen living with EB to the EB community support can come from a number of different sources. For example:

1. Health and social care teams
2. Other charities
3. Family, friend, or carer
4. Through social media
5. Immigration services
6. Community leaders

7.2 Community Support Manager assigned to the family

1. A Community Support Manager will usually be assigned based on where the individual or family are residing.
2. A Community Support Manager may be assigned based on other factors: e.g. area of special knowledge or if the individual requires assistance with translation.

7.3 Gain consent to record information on the DEBRA database

1. Consent must be gained to include the details of the person being referred to the EB Community Support Team.
2. The personal information will be saved on the DEBRA database system and SharePoint.
3. Please refer to the following policies:
   1. Referral policy
   2. Data Protection policy

7.4 Work with Immigration services and translation services

1. Contact should be made with the local immigration services for advice about the current legislation and guidance relating to immigration.
2. Ensure that the person with EB who is referred to the EB Community Support Team is able to access translation if English is not spoken wherever possible. For example you should expect a translation service in NHS hospitals and within the government benefit system.

7.5 Identify support need and immigration status

With permission of the individual or advocate, try to determine the immigration status of the individual by looking at their documents if they are available.

1. Entitled to public funds and services
   1. The person with EB is not a UK citizen but has permission to work and has been in the UK for longer than two years and is entitled to receive UK benefits.
   2. If a referral is made to the EB Community Support Team from the EB health team and EB has been confirmed, support will be provided.
   3. If a request for a support grant is made, funding from alternative sources will be made in the first instance.
   4. If alternative funding is unavailable, the priority will be determined, and a support grant may be given.
   5. A panel of senior Community Support and Membership staff/or SMT approval may be required for larger support grants
   6. Please refer to the Support Grant Policy
2. Legal status unclear
   1. The person with EB is not a UK citizen, and has been in the UK for less than two years and is NOT entitled to receive UK benefits.
   2. If a referral is made to the EB Community Support Team, from the EB health team and EB has been confirmed, support will be provided
   3. If a request for a support grant is made, funding from alternative sources will be made in the first instance.
   4. If alternative funding is unavailable, the priority will be determined, and a support grant may be given.
   5. A panel of senior Community Support and Membership staff/or SMT approval may be required for larger support grants
   6. Please refer to the Support Grant Policy
   7. Referral or signpost to other charities
3. Not entitled to public funds
   1. If a non-UK citizen living with EB is referred to the EB Community Support Team, but is only in the UK for a short stay they will receive limited support, e.g.:
      1. EB without Borders
      2. Social media
      3. On holiday in the UK
   2. This support will include:
      1. Signposting or referring to other agencies
      2. Provision of general information

7.6 Membership status and access to support grants

1. Non-UK citizens residing in the UK who wish to become members will be put in the ‘pending’ group.
2. The Community Support Senior Managers Panel will consider each application for a support grant on a case-by-case basis.
3. The final decision about membership will be made by the Trustees. Please see Section 10 of the ‘Articles of Association’ for further information about membership.

7.7 Related DEBRA policies and procedure

Please refer to the following related policies for further guidance:

1. Data Protection policy
2. Safeguarding policy
3. Referral policy
4. Equality and Diversity policy
5. Support Grant policy
6. Articles of Association

 

8. Complaint’s procedure

If the client or the client’s relative or representative wishes to make a complaint about the EB community support of non-UK citizens residing in the UK, they have the option of having further discussion with their nominated Community Support Manager. If they are still unhappy, they can raise the issue with the National Community Support Manager. If they feel the matter is still not resolved they can contact the Director of Healthcare, Membership and Community Support and follow the DEBRA complaints procedure, a copy of which can be found on the DEBRA website.

Director of Healthcare, Membership and Community Support
DEBRA, Capitol Building, Oldbury, Bracknell, Berkshire, RG12 8FZ

Email: [email protected]

 

Appendix (referral in form/pathway summary)

Download the referral in form/pathway summary