When can an asylum seeker work in the UK?
Under paragraph 360 of Part 11B of the Immigration Rules, an asylum seeker may apply for permission to work if:
- they have been waiting more than 12 months for an initial decision on their asylum claim;
- no decision has yet been made; and
- they have not contributed to the delay in the decision-making process.
Permission to work is not granted automatically after 12 months. An application must be made to the Home Office and approved before employment can begin.
If the Home Office considers that the applicant has contributed to the delay in deciding their claim, permission to work may be refused.
How does an asylum seeker apply for permission to work?
An application for permission to work must be made using the PTW1 form, which is available online. An applicant can complete the form themselves or ask their immigration lawyer to assist them.
Once completed, the application can currently be submitted by post to:
Permission to Work Team
Level 0
Capital Building
Old Hall Street
Liverpool
L3 9PP
Alternatively, the completed form can be submitted by email to: [email protected]
There is currently no Home Office fee for making an application for permission to work.
How can an asylum seeker prove their right to work?
If permission to work is granted, the asylum seeker will receive an updated Application Registration Card (ARC). This card will confirm whether they are permitted to work and will typically display either:
- “Allowed to work”; or
- “No work permitted”.
See the Home Office guidance for examples of Application Registration Cards and the work categories shown on them.
Following the grant of permission, the Department for Work and Pensions (DWP) will usually contact the individual and invite them to apply for a National Insurance number, which will also be required by employers.
What right to work checks should employers carry out?
Employers must carry out the appropriate right to work checks before employment begins.
Where an asylum seeker presents permission to work, employers should:
- Obtain a copy of the ARC; this verifies ID and confirms that an asylum seeker has permission to work
- Request their National Insurance number
- Use the Home Office Employer Checking Service (ECS) to verify the individual's immigration status and right to work.
Employers should also check that the particular job being offered falls within any restrictions attached to the individual's permission to work.
This is important because permission to work as an asylum seeker does not necessarily mean that the individual is permitted to undertake any job in the UK.
Are there restrictions on the type of work an asylum seeker can do?
Yes. Even where permission to work is granted, the employment an asylum seeker can undertake is heavily restricted.
An asylum seeker with permission to work is generally limited to roles:
- Listed on the Immigration Salary List (ISL); or
- Included within Appendix Skilled Occupations at RQF Level 6 or above.
Permission to work does not allow an asylum seeker to:
- Work a job not listed in the ISL or Appendix Skilled Occupations, RQF level 6 or above
- Work on a self-employed basis
- Engage in business or professional activities
- Access public funds (other than asylum support where eligible).
This is one of the most restrictive aspects of working as an asylum seeker. In practice, an individual may be granted permission to work but still find it difficult to secure a job that falls within the categories permitted by the Home Office.
What impact could employment have on asylum support and legal aid?
Obtaining employment may affect an individual's eligibility for both asylum support and legal aid.
Asylum support under section 95 and legal aid are both subject to a means test, which means that an individual’s income must come under a specified threshold to receive living support, accommodation, and access to a free lawyer.
If an asylum seeker begins earning a regular income after obtaining permission to work, this may affect their eligibility for Asylum Support and Legal Aid.
Depending on their individual circumstances, employment could result in:
- Loss of accommodation provided through asylum support;
- Loss of subsistence payments; and
- A requirement to contribute towards, or fully fund, legal representation.
The financial thresholds differ between asylum support and legal aid, so individual eligibility should always be checked with Migrant Help and any legal aid provider.
Anyone who secures employment should notify Migrant Help immediately by reporting a ‘Change of Circumstances’. Failure to notify Migrant Help, may result in Asylum Support being withdrawn altogether, even if they would have remained eligible otherwise.
When could an asylum seeker's employment come to an end?
The right to work will depend on the progress and outcome of the individual's protection claim.
If the asylum seeker’s protection claim is successful
If an individual is granted refugee status, they will usually receive unrestricted permission to work in the UK.
This means they can continue working without the restrictions that applied to their permission to work as an asylum seeker.
If the asylum seeker’s protection claim is refused but appealed
Where an asylum claim is refused and an in-time appeal is lodged, permission to work that was granted while the asylum claim was pending can generally continue while the appeal is heard.
If appeal rights are exhausted
An asylum seeker who becomes Appeal Rights Exhausted (ARE) will lose permission to work in the UK.
Similarly, if an appeal is not lodged within the relevant deadline, the individual may lose both their right to work and their right to remain in the UK.
Can asylum seekers undertake voluntary work?
Yes. Asylum seekers can undertake genuine voluntary work at any stage of the asylum process without first obtaining permission to work.
However, there is an important distinction between volunteering and unpaid employment.
Volunteering must not amount to unpaid work or replace a role that would normally be undertaken by a paid worker.
A genuine volunteering arrangement should generally involve:
- No payment should be received, other than reasonable reimbursement of expenses such as travel and meals
- There should be no contractual obligation to perform the work
- There should be no contractual entitlement to employee benefits
- The organisation should generally be a charity registered with the Charity Commission for England and Wales or public sector body
Volunteering can provide asylum seekers with valuable opportunities to develop skills, gain experience, build connections and contribute to their local communities while their asylum claim remains outstanding.
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