Home Office Guidance on Asylum Seekers Volunteering in the UK

Are Asylum Seekers Allowed to Volunteer?

Asylum seekers are permitted to volunteer while their claim is under consideration, even where they do not have permission to work. This position is supported by policy published by the Home Office.

However, it is critical that any such activity constitutes genuine volunteering and does not amount to employment or “worker” engagement in law.

The legal and practical distinction between volunteering and work is essential for compliance.

The Key Legal Distinction: Volunteering vs Work

The key distinction is that volunteering must not amount to unpaid work or job substitution.

An asylum seeker must not undertake duties that would ordinarily be performed by paid staff. There must be no contractual relationship and no mutual obligations between the individual and the organisation.

If a role is structured in a way that creates mutual obligations or provides remuneration beyond reimbursement of expenses, it may be classed as employment or worker engagement. This would expose the organisation to significant compliance risk.

Core Compliance Requirements

To qualify as lawful volunteering:

• There must be no obligation on the individual to perform work.

• There must be no obligation on the organisation to provide work.

• The individual must receive no payment, other than reimbursement of actual and reasonable expenses incurred (for example, travel or meals). Fixed allowances or benefits in kind may create worker status.

• The role must be with:
  • A registered charitable or voluntary organisation
  • An organisation fundraising for such bodies
  • A public sector organisation 

• Volunteering must not interfere with asylum-related appointments, including interviews or reporting events. These appointments will not be rearranged to accommodate volunteering. 

• The arrangement must not undermine immigration enforcement processes.
  

• The organisation must conduct appropriate safeguarding and background checks where required.

• Immigration-related personal data cannot be verified or confirmed by the Home Office for non-immigration purposes.

It is the joint responsibility of both the individual and the organisation to ensure the activity does not amount to unauthorised work. 

HR and Compliance Action Points for Organisations

Employers and charities should implement structured compliance controls to mitigate risk.

1. Review and document the legal status of all volunteering roles before recruitment.

2. Ensure role descriptions clearly confirm:
   1. No contractual obligations
   2. No entitlement to work or benefits
   3. Expenses-only reimbursement policy

3. Avoid assigning volunteers to roles that would otherwise be performed by paid staff.

4. Implement a written volunteering agreement (non-contractual in nature) clarifying status.

5. Train HR and line managers on the distinction between volunteering and work.

6. Maintain records of expense reimbursements to evidence compliance.

7. Conduct appropriate safeguarding checks where required.

8. Formal Right to Work checks are not required for volunteers. However, it is advisable to request and retain a copy of one of the following:
   1. Application Registration Card (ARC), ID card issued by the Home Office
   2. Bail 201 form
   3. Section 95 asylum support letter

It is worth drafting compliant volunteer agreement or reviewing existing arrangements to mitigate risk.

Why This Matters

Incorrectly structuring a volunteering role may result in:

• Civil penalties for illegal working

• Employment tribunal risk

• Reputational damage

• Scrutiny from immigration enforcement authorities

Given the increasing focus on employer compliance, organisations should review their volunteering frameworks carefully.