• the risk of retaliation against the trafficked person and/or her or his family, and the capacity and/or willingness of the authorities in the home country to provide protection against such reprisals; • the risk of criminal or administrative prosecution by the authorities of the home country for status-related offences, including for crossing the border illegally or for working in the sex industry; • the lack of perspectives for victim’s social inclusion in her or his community in the country of origin, including an insufficient standard of living, taking into account the specific background of the trafficked person, the possible disruption of family ties and, in the case of trafficking for prostitution, social attitudes (stigmatization and discrimination) and state policies on prostitution; • the lack of adequate, confidential and non-stigmatizing support services; and • the presence of children.160 The only piece of EU legislation to specifically provide for the long-term (but not permanent) residence status of refugees in the destination country is the EU Qualification Directive, which allows those qualifying for refugee status to be granted a residence permit valid for at least three years, with the possibility of renewal, provided that there are no compelling reasons of national security or public order that require otherwise.161 Asylum All persons, including those who have been trafficked, have the right to seek and enjoy asylum from persecution.162 International refugee law sets out to provide legal protection to persons who are forced to flee their countries of origin due to well-founded fears of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion.163 Persons who are identified as victims of trafficking and who find themselves in either an asylum procedure system or in victim protection and assistance schemes are often treated within one system only, with no referral or information sharing – as may be relevant in individual cases – between these systems. Without a robust system of referral, the international protection needs of trafficked persons may not be properly identified or addressed.164 A UNHCR study noted that in most of the countries surveyed, systems for referring trafficked persons to asylum procedures or other 160  Report of the EU Group of Experts, p. 174. 161  EU Qualification Directive, art. 24(1). 162  See UDHR, art. 14; UN General Assembly Resolution 217 (A) of 10 December 1948. For more information on defining the expression “to enjoy asylum”, see, for example, Alice Edwards, “Human Rights, Refugees, and the Right ‘To Enjoy’ Asylum”, International Journal of Refugee Law, Vol. 17, No. 2, 2005, pp. 293–330. 163  UN Refugee Convention, art. 1A(2). 164  A British NGO has recommended including an independent asylum adviser in the early stages of the trafficking identification process, to ensure respect for the victims’ right to receive information, including on asylum. Sarah Richards, Hope Betrayed: An Analysis of Women Victims of Trafficking and Their Claims for Asylum, The POPPY Project, 2006, p. 22. 60 Part 2: Explanatory Report to the Principles