Can Asylum Seekers Work in the UK?

Can Asylum Seekers Work in the UK?

Generally, an individual who has claimed asylum cannot work in the UK. However, they can apply for permission to work from the Home Office if they have been awaiting a decision on their claim or for further submission for at least 12 months.

An asylum seeker may apply for permission to work only if the delay in processing their claim is not attributable to their actions. For example, the Home Office may deny a work permission request if the delay results from the applicant’s failure to comply with immigration procedures. However, the application may be accepted if the authorities are the cause of a processing delay.

Also, the Home Office may consider the request for permission to work if the applicant has a genuine reason for interfering with their asylum-seeking process, such as an illness.

Dependents of asylum seekers and children under 18 cannot get permission to work in the UK. However, dependent children can access the education system until they are 18. They can also undertake work experiences or other placements required as part of their education.

Asylum Seekers with Exceptional Circumstances

Asylum seekers who do not meet the requirements to be granted permission to work may be able to apply for permission under exceptional circumstances. 

For instance, if granting a person seeking asylum with permission to work is in the best interest of their dependent child, the Home Office might consider their request on a discretionary basis, outside the Immigration Rules. Another instance of exceptional circumstance is an asylum case involving victims or potential victims of trafficking. 

The Home Office reserves the right to decide what constitutes exceptional circumstances. The applicant must also be able to justify why a departure from the Immigration Rules should apply to their case. 

Asylum Seekers with an Existing Leave

Asylum seekers with existing permission to leave or remain in the UK that allows them to work can continue working if they applied for their asylum claim before their current permission expires. 

In line with Section 3C of the Immigration Act 1971, if their existing leave expires while their claim is being processed, their permission to work will automatically be extended, and they can continue to work on the same terms as their previous visa.

However, people seeking asylum after their permission to leave or enter the UK expires will not benefit from Section 3C, even if that visa permitted them to work. Thus, their authorisation to work ceases on the date their permission expires.

Can Asylum Seekers Volunteer in the UK?

Asylum seekers can volunteer in the UK at any time while their claim is being considered if it does not interfere with their reporting events, substantive interviews, or other asylum-related activities. They are advised to volunteer as it can help them integrate into UK society easily if their claim is approved.

Volunteering involves undertaking unpaid and non-contractual services to benefit the environment or someone other than or in addition to close relatives. Asylum seekers do not need permission from the Home Office to volunteer.

Volunteers must:

• Not receive any payment or allowances other than travel or meal expenditures that they incur. 
• Not be under contractual obligations to volunteer.
• Only volunteer in a registered charitable organisation, a public sector organisation, or an organisation that raises funds for charities
• Not volunteer in a role that a salaried worker should fill. 

What Jobs Can Asylum Seekers Do if They Are Approved to Work?

If an asylum seeker’s request for permission to work is granted, they can only undertake jobs on the Immigration Salary List (ISL). The ISL consists of different job types; some are highly specialised, such as chemical scientists and pharmaceutical technicians, and others might be non-specialised, such as bricklayers and carpenters. 

The Home Office is not mandated to verify an asylum applicant’s qualification or experience for jobs on the ISL, although they can do so if necessary. The applicant and their employer are responsible for ensuring compliance with employment and immigration terms.

Asylum seekers applying for jobs with a prerequisite work experience must not have obtained their experience from illegal jobs. 

Additionally, asylum seekers granted permission to work cannot be self-employed or open a business in the UK.

How to Apply for a Work Permit for an Asylum Seeker

Asylum seekers can apply for a permit to work by completing and submitting the “Application for permission to work PTW1” form. The form requires the applicant to complete detailed information about themselves, their immigration status, immigration advisor (if any), and other requested additional information. 

Applicants can submit their application by post to the following address; 

Permission to Work Team

Level 0

Capital Building Old

Hall Street

Liverpool

L3 9PP

Alternatively, they can submit their application by email to

• [email protected] if they made an asylum claim or
• [email protected] if they made a further submission.

Required Documentation for the Application

Applicants must provide supporting documents with their applications. Applications sent by email should include scanned copies of the documents in PDF, PNG, JPG, or JPEG. Applicants must ensure that the documents are clear and legible, whether they submit them online or by post.

Evidence required for an asylum seeker work permit application includes;

Identity and Asylum Status Documents

• Application Registration Card (ARC)
• Asylum Registration Letter
• Home Office Correspondence

Proof of Pending Asylum Claim

• Freedom of Information (FOI) request response
• Home Office acknowledgement letters or emails indicating that the case is under review
• Confirmation letter from legal representatives or support organisations
• Section 94 or Section 4 support documents

Work Eligibility Documents

• Copy of ISL list with applicant’s job highlighted
• Official job letter from employer (for applicants with a job offer)

Other Documents

• Medical report for exceptional circumstances

Application Review and Processing Times

The Home Office will first review an applicant’s asylum claim or further submissions to determine the reason for the processing delay before granting permission to work. If required, they will contact the applicant for additional information or verification of their submitted documents.

Processing time is typically 8 weeks. However, it can take longer due to the volume of submitted applications and application-specific issues.

Obtaining a Decision and the National Insurance Number

Asylum-seekers whose permission to work has been approved will receive a confirmation letter through their submission medium. They must submit their Asylum Registration Card (ARC) to the authorities and get a new one that reflects their updated status.

After updating their registration card, they must apply for a National Insurance Number (NIN) on the gov.uk website to monitor their insurance and tax payments. Applicants for a National Insurance Number must have an identity document, such as an ARC card. They may also need to submit a photograph of themselves holding the identity document(s).

The Home Office will send an application reference number immediately after a successful NIN application. Applicants should expect their National Insurance Number four weeks after applying.

Asylum seekers in Northern Ireland should apply for their NIN on the NIDIRECT website. The application process and required documents are similar to those on the gov.uk website.

Asylum Seekers’ Permission to Work Costs

The Home Office does not charge a fee for permission to work applications for asylum seekers. However, applicants should consider other potential fees, such as;

• Printing and postage
• Legal fees
• Travel costs
• Translation and certification of documents (if required)

Can a Permission to Work as an Asylum Seeker Be Refused?

Yes, an application for permission to work as an asylum seeker in the UK can be refused. If that happens, such an applicant will not be allowed to work. However, they can reapply for permission to work with new and improved evidence.

Here are possible reasons the Home Office can refuse an application:

• It is submitted on an asylum claim or further submissions that have not been pending for at least 12 months
• The 12-month delay is due to the applicant’s fault and not that of the Home Office or an exceptional circumstance, such as illness.
• The Home Office found evidence of a crime that the applicant committed in the UK or abroad.
• The applicant’s further submissions claim is not based on humanitarian protection but on family or medical grounds, where the applicant could have made a non-asylum immigration application.
• Improperly submitted applications, such as one containing information or filing errors, or insufficient evidence

Revoking Permission to Work

The Home Office will revoke an asylum seeker’s permission to work if their ongoing asylum claim or further submission is refused and they have exhausted their appeal process. Individuals with revoked work permission must quit all employment they are currently engaged in and cannot undertake a new role unless their situation changes.

The ARC will also be amended to reflect that their permission to work has been revoked.

On the other hand, applicants whose asylum claims or further submissions are successful can continue working. They can also get other rights based on their refugee status. For instance, they can work in any job in the UK and are no longer restricted to those on the Immigration Salary List.

Additionally, they can obtain a Biometric Residence Permit (BRP) and have a genuine pathway to permanent residency.

How Does Permission to Work Affect Asylum Support?

The UK Government provides support, including accommodation and cash allowance, to asylum seekers and their dependents to ensure they can sustain themselves in the UK. However, obtaining permission to work can lead to a reduction or withdrawal of asylum support. 

The Home Office mandates that asylum seekers declare any employment with Migrant Help. They would evaluate the applicants’ details to determine if they still need asylum benefits.

The government can withdraw support if the asylum seeker earns enough to cater for themselves and their dependents in the UK. They can reduce the support if an individual’s earnings are insufficient to cater to their basic living expenses. 

Failure to report employment to Migrant Help can result in the withdrawal of asylum support without a review of the asylum seeker’s situation.

Let IAS Help You With Your Asylum Claim

Claiming asylum in the UK is a complex process. The UK government places strict eligibility criteria on who can legally make a claim under the Refugee Convention and how to do so. Additionally, the UK asylum process can be very lengthy, leading to an emotional toll on applicants.  

If you intend to claim asylum in the UK, our lawyers at Immigration Advice Service (IAS) can help you. We are experts in immigration laws and understand all aspects of the UK asylum system, including making an initial claim, the right to appeal, and requesting permission to work. 

We have helped numerous clients obtain a successful decision on their asylum and further submissions claim, and here is how we can help you:

• Reviewing your situation to determine your eligibility for an asylum claim
• Preparing documented evidence to support your claim
• Preparing you for the asylum interview process and any reporting events
• Advising you on your rights as an asylum seeker in the UK
• Providing legal help if you’ve been detained as a result of an unsuccessful asylum claim
• Applying for permission to work during the asylum process.
• Representing you in an asylum appeal case.

For more information on how we can help with your asylum claim, call us at +44 (0)333 414 9244 or complete our online contact form, and we will contact you.