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Asylum Seekers Right to Work

Asylum seekers awaiting a decision on their application often cannot work in the UK. Read more about the right to work status of asylum seekers in the UK.

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Do asylum seekers have the right to work in the UK?

Asylum seekers do not have the right to work in the UK whilst they are waiting on a decision about their asylum claim. This policy has been debated numerous times over the past few years, with the UK government’s stance remaining tough. In this post we discuss the policy more and discuss exemptions to the rule.

Are asylum seekers allowed to work in the UK?

As a general rule, asylum seekers are not allowed to work in the UK whilst their claim is being evaluated. However, whilst asylum seekers are awaiting a decision they are given accommodation and may be eligible to receive support to meet their essential living needs.

 

Exceptions to the rule

It is important to note that there are certain circumstances whereby an asylum seeker may be eligible to work in the UK whilst awaiting a decision on their application. The Home Office may allow asylum seekers to work in the UK whilst they await a decision if they meet the following: 

  • They are aged at least 18 years old and have waited over 12 months for an initial decision on their asylum claim or for a response to a further submission for asylum and this delay is no fault of their own.

  • They will be employed in a role which is featured on the Shortage Occupation List. Those who are granted permission by the Home Office to work in the UK whilst they wait for a decision can only be employed in jobs that are featured on the shortage occupation list which is published by the Home Office. The jobs on the Shortage Occupation List are very specialist and are almost exclusively at graduate level or above, and so, to date it has been very difficult for asylum seekers to find suitable work.

 

Can I apply to work as an asylum seeker?

If you believe that you meet the eligibility requirements laid out previously and wish to apply to work as an asylum seeker then please contact an asylum lawyer to assess your suitability further.

In order to apply for permission to work in the UK as an asylum seeker or failed asylum seeker a written application must be made to the UKVI and contain information about why a request to work in the UK has been made. Applying to receive permission to work in the UK as an asylum seeker can be a difficult process and requires a well developed argument, and so, it is recommended that the support of an asylum lawyer is sought.

Speak to an immigration advisor

If you are an asylum seeker who wishes to know more about your right to work in the UK, then get in touch with us to speak to an immigration advisor.

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How will I know that I have the right to work in the UK?

If you have applied to gain permission to work in the UK then you will be informed if your application is successful. If you are successful you will receive an updated Asylum Registration Card which will either state one of the following:

  • Work permitted: you have the permission to work in the UK.

  • Shortage occupation: you can work in the UK in a role which is featured on the shortage occupation list.

  • No public funds: you cannot access benefits or housing assistance from the government.

 

When will a claim for permission to work in the UK be refused?

It is up to the Home Office caseworkers to decide on permission to work applications. Below is a list of some of the reasons why an application may be rejected (this is not an exhaustive list):

  • The individual has not been waiting for 12 months to receive a decision on their claim for asylum.

  • The delay in the decision is (partly) due to the individual and there is no need to use discretion in their favour.

  • The individual has committed a crime in either the UK or elsewhere which has delayed the decision.

  • Additional submissions are not protection based.

 

Can my permission to work in the UK be revoked?

Yes, your permission to work in the UK can be revoked in certain circumstances. For instance, if you have been granted permission to work in the UK because your asylum claim has been outstanding for more than 12 months and then the decision is refused and appeal rights have been exhausted, then you will no longer have permission to work in the UK. Your Asylum Registration Card will be updated to reflect the fact that you don’t have the right to work in the UK.

 

 

Are asylum seekers allowed to volunteer in the UK?

Yes, asylum seekers are allowed to volunteer in the UK because volunteers are not classified as employees or workers. Therefore, if you are awaiting a decision on your asylum claim you can volunteer for a charity or public sector organisation. However, it is important that your volunteering activities do not interfere with events pertaining to your asylum claim, e.g. an asylum interview or reporting event. As a volunteer it is important that you don’t receive payment (except from reimbursements for travel etc.), you don’t have any contractual obligations, and you are not fulfilling the role of a salaried worker.

 

Do refugees have the right to work in the UK?

Yes, if you are granted refugee status then you will get permission to work in the UK.

 

 

How can Paragon Law help?

At Paragon Law, our asylum solicitors and lawyers have a track record of supporting individuals to claim asylum in the UK. If you require assistance with your right to work status as an asylum seeker, or require support to claim asylum in the UK then please contact us to arrange a consultation with an expert immigration lawyer.

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