Work Permit For Asylum Seekers to Work In The UK
If you’re reading this right now you might be considering to get a work permit for asylum seekers uk. Before we’ll go further, I’d like to tell you that if this is exactly what you’re looking for, there’s no need to read any further as we have tracked down some valuable resources on the topic.
Introduction
Purpose of instruction
This guidance explains how caseworkers must consider applications under Part 11B, paragraphs 360 to 360E of the Immigration Rules for permission to work from those who have lodged an asylum claim or further submission which remains outstanding. It also provides guidance on the fact that asylum seekers can undertake volunteering at any stage of the asylum process.
Background
Those who claim asylum in the UK are not normally allowed to work whilst their claim is being considered. They are instead provided with accommodation and support to meet their essential living needs if they would otherwise be destitute. The policy outlining when permission to work will be granted to those who claim asylum is set out in the Immigration Rules. This outlines that the Home Office may grant permission to work to asylum seekers whose claim has been outstanding for more than 12 months through no fault of their own. Under this policy, those who are allowed to work are restricted to jobs on the shortage occupation list published by the Home Office. Any permission to work granted will come to an end if their claim is refused and any appeals rights are exhausted because at that point they are expected to leave the UK. Those who are granted leave have unrestricted access to the labour market.
Asylum seekers are encouraged to volunteer whilst their claim is being considered. Volunteering involves spending time, unpaid, doing something that aims to benefit the environment or someone (individuals or groups) other than, or in addition to, close relatives. By volunteering for a charity or public sector organisation, asylum seekers can support their local community, and this will also assist with their integration if they are granted leave to remain in the UK.
Policy intention
The policy objectives in restricting permission to work for asylum seekers and failed asylum seekers whilst their claim is considered are to:
- ensure a clear distinction between economic migration and asylum that discourages those who do not need protection from claiming asylum to benefit from economic opportunities they would not otherwise be eligible for
- prevent illegal migration for economic reasons and protect the integrity of the asylum system so that we can more quickly offer protection to those who really need it
- be clear that asylum seekers can undertake volunteering as this provides a valuable contribution to the wider community and may help those who qualify for leave to remain here to integrate into society
Application in respect of children
Considering an application for permission to work is an immigration function and as such must take into account the need to safeguard and promote the welfare of children in the UK. This is in accordance with requirements under Section 55 of the Borders, Citizenship and Immigration Act 2009. This means caseworkers need to take account of the impact on children of a refusal to grant permission to work.
Those who do not cooperate with the asylum process and are responsible for the delay in considering their claim should not be granted permission to work. It may be argued that refusing permission is not in the best interests of a child. Provision is made in the asylum process for the essential safeguarding and well-being needs of children who are dependent on their parents’ claim through appropriate support and accommodation arrangements where this is needed. It is therefore very unlikely that a decision to refuse permission to work for an adult would adversely impact on a child or override the public interest in refusing permission to those who do not comply with the process in accordance with the Immigration Rules.
Paragraph 360 of the Immigration Rules only applies to the principal applicant in an asylum claim and there is no provision to grant permission to work to dependants on the claim.
Children under the age of 18 should not be given permission to take employment. However, unaccompanied asylum seeking children or children dependent on their parents are entitled to secondary education whilst their claim is being considered. They are also able to take part in work experience placements or training if that forms part of their education.
For further information on the key principles to take into account, see: Section 55 Children’s Duty Guidance.
Relevant legislation
Domestic legislation
For the purposes of this guidance the terms ‘employee’ and ‘worker’ are defined in statutory provisions, in particular:
- Section 230 of the Employment Rights Act 1996 defines the terms ‘employee’ and ‘worker’
The Immigration Rules
Part 11B of the Immigration Rules sets out the policy criteria for granting asylum seekers permission to take up employment. In particular:
- paragraph 360 sets out that asylum seekers may apply for permission to work if they have not received an initial decision on their claim within 12 months but this will only be considered if that delay was through no fault of the claimant
- paragraph 360A sets out the restrictions on employment for those granted permission to work under paragraph 360 and refers to the Shortage Occupation List published by the Home Office
- paragraph 360B makes clear that any permission to work granted will only be valid until the claim has been determined and any appeal rights are exhausted
- paragraphs 360C to 360E mirror the provisions set out above for failed asylum seekers who have lodged protection based further submissions and were introduced on 9 September 2010 following the Supreme Court judgment in ZO (Somalia) [2010] UKSC 36
Permission to work application process
All applications for permission to work from asylum seekers or failed asylum seekers should be made by writing to UK Visas and Immigration (UKVI) and should include the following information:
- full name of the applicant, date of birth and nationality
- Home Office reference number
- a statement setting out the request for permission to work
- contact details for the applicant and legal representative (if they have one)
Applications must be sent to the one of the following teams:
Asylum Casework Teams
Asylum seekers awaiting an initial decision on their claim should submit any request for permission to work via email to AomPTW@homeoffice.gov.uk or by post to:
Permission to Work Team
Asylum Operations
Department 139, The Capital
Old Hall Street
Liverpool, L3 9PP
Refused Case Management
Applications for permission to work from failed asylum seekers who have outstanding further submissions are dealt with by Refused Case Management and should be sent via email to RCMPTW@homeoffice.gov.uk or by post to:
Permission to Work Team
Administrative Unit
Level 7, The Capital
New Hall Place
Liverpool, L3 9PP
Any decision to grant permission to work must not be taken without first reviewing the asylum claim or further submission to assess why a decision has been delayed. Requests must be dealt with as soon as possible and without unnecessary delay.
Contacting Refused Case Management
Any queries relating to outstanding further submissions should be emailed to CSUpostteam@homeoffice.gov.uk.
Applications for permission to work at reporting centres
If a request for permission to work is made at a reporting centre, staff should advise the applicant to contact the team dealing with their case. Reporting centre staff must not take a decision to grant permission to work.
Applications for permission to work in litigation
Where a request for permission to work is submitted as part of a pre-action protocol letter or judicial review application relating to another matter, the claimant must be advised that they need to make a formal application in writing to UKVI in order for their request to be considered. A request for permission to work will not be considered unless it is made in accordance with the process set out above.
Considering permission to work applications
Excluding exceptional circumstances, applications for permission to work by asylum seekers awaiting an initial decision only need to be considered where a decision by the Home Office on their asylum claim is still pending and has been outstanding for more than 12 months. This requirement is set out in Part 11 B of the Immigration Rules in Paragraph 360.
Following the Supreme Court judgment in ZO (Somalia) [2010] UKSC 36 the Rules were amended on 9 September 2010 so that failed asylum seekers whose further submissions have been outstanding for more than 12 months can also apply for permission to work.
The following criteria are relevant and must be considered by caseworkers when deciding whether to grant permission to work:
Outstanding UKVI decision on protection grounds
To consider any permission to work application there must be an asylum claim or further submission on protection grounds that has not been decided by UK Visas and Immigration (UKVI) and has been outstanding for at least 12 months from the date the claim was lodged. This only applies to UKVI decisions. Where a decision has been made within 12 months but an appeal against that decision is still pending an individual will not be granted permission to work.
Caseworkers dealing with a permission to work application must first review the asylum claim to assess the reason for the delay and ensure that the case is not unnecessarily delayed any further.
Delay
The Home Office must consider applications for permission to work if the delay is not, in the Secretary of State’s opinion, the claimant’s fault. Caseworkers must take into account how much of the 12 month delay is down to the claimant. This includes considering the reasons behind the claimant’s contribution to any delay, such as repeated or long periods of non-compliance with the asylum process. Permission to work must be refused where the delay was their fault.
Where an individual puts forward reasons for failing to comply with required procedures, these must be taken into account when considering whether the delay was their fault. For example periods of serious illness would be an acceptable reason, a prison sentence would not. If there is evidence that absconder action has been taken at some point and there is no further evidence that the applicant has resumed contact, permission to work must be refused.
Criminality
Asylum seekers or failed asylum seekers who have been convicted of criminal offences must not be granted permission to work if the decision on their asylum claim has been delayed to await the outcome of any prosecution. Any delay on this basis is, at least in part, attributable to the claimant.
Dependants
There is no provision in the Immigration Rules to grant permission to work to dependants of an asylum seeker or failed seeker even where the claim or further submission has been outstanding for more than 12 months. Where permission to work is granted to the main claimant caseworkers need to make clear that this permission does not extend to any dependants.
Applications from asylum seekers with existing leave
Those who claim asylum whilst they still have limited leave in another capacity that allows them to work may ask whether they can still work beyond the date on which their leave expires. This will depend on whether they applied for asylum before their current leave expires.
Where an application for asylum was made before the expiry of their current leave, and that leave did not prohibit work, the claimant is able to carry on working on the same conditions as that leave until their asylum claim is finally determined. Section 3C of the Immigration Act 1971 (as amended) automatically extends the leave of a person who applies for further leave to remain (eg asylum) providing they have existing leave to enter or remain when they lodge the application. The claimant must be informed that they can continue to work on the same terms as their previous visa.
If an asylum application is made out-of-time, then they cannot benefit from Section 3C leave and any conditions attached to that leave, including permission to work, cease from the date the leave expires. If the claimant has not made an application for asylum, or if the application was lodged after their current leave expired, caseworkers should refuse permission to work unless they meet the requirements under Paragraph 360.
Immigration bail conditions
Information on immigration bail conditions regarding permission to work is set out in the published immigration bail guidance – see the section on work or occupation.
Work that forms part of a further education course
When considering permission to work applications for work that forms part of a further education course, caseworkers must check that the individual meets the requirements under Paragraph 360 or 360C or that the role in question meets the volunteering requirements set out in this guidance.
If you’re reading this right now you might be considering to get a work permit for asylum seekers uk. Before we’ll go further, I’d like to tell you that if this is exactly what you’re looking for, there’s no need to read any further as we have tracked down some valuable resources on the topic.
Conclusion
Caseworkers must be aware that under no circumstances must they reply directly to enquiries by employers on a particular case without first seeking the permission of the claimant, as this may contravene our obligations under the Data Protection Act 1998.