Asylum Seekers and the Right to Work in the UK

As a general rule asylum seekers are not allowed to work in the UK. The purpose of this policy according to the government is to ‘create a clear distinction between economic migration and asylum’. In other words, they consider this policy will dissuade people from coming to the UK for economic reasons rather than seeking a place of safety from persecution. However, people who have claimed asylum in the UK can apply for permission to work if:

they have been waiting 12 months for a decision on their asylum claim:

or they have been refused asylum but have submitted further submissions for asylum over 12 months ago.

they are not considered to be responsible for the delay.

If permission is granted, the person will be allowed to take up jobs on the Immigration Salary List which is a list of jobs that are highly skilled and require formal qualifications for example, doctors, nurses, and psychologists. More recently, other skilled jobs that offer lower salaries such as laboratory technicians, welders, and care workers have been added to the list. Permission to work expires once the asylum claim has been finally determined and there are no more chances to appeal. People who are granted permission to stay in the UK as refugees may work with no restrictions.

Asylum seekers are allowed to do ‘voluntary ‘work as long as this does not amount to ‘unpaid work “However, the courts have emphasised that there is, in principle, discretion to allow other types of work only in rare and exceptional circumstances’ including the best interests of children and support for confirmed and potential victims of trafficking.

The most recent review of the ban on the right to work was held in 2021 when the government concluded that there should be no change. However, the Woolf Institute which has undertaken substantial research recommends that asylum seekers be allowed to work from six months of arriving in the UK, regardless of the progress of their application.

Many people wait far longer than 12 months for a decision on their asylum claim. Of the 128,786 people awaiting a decision, 65% (83,254 people) had been waiting for more than six months. The Guardian newspaper stated that by February 2024 Almost 5000 of those have been waiting for at least 18 months.

The ban on the right to work is more restrictive in the UK than many other countries

In the EU, countries must allow asylum seekers to work if they have waited nine months for an initial decision on their asylum claim and are not responsible for the delay. However, members of the EU can apply more favourable conditions and some countries do. For example:

In Italy, people can apply for work 60 days after making their asylum application. In Belgium, asylum seekers receive an unrestricted work permit if their claim hasn’t been resolved within 4 months.

Spain, Ireland the Netherlands, France, and Denmark allow applications after 6 months. In Sweden, asylum seekers can work straight away.

Denmark’s’ approach is focused on employment and their Integration Act explicitly states that ‘making newly arrived aliens (sic) self-supporting as quickly as possible through employment is a key objective of integration efforts. Working from day one remains a priority in Denmark’s immigration system”

There may be conditions attached to work for asylum seekers and, in the Netherlands, they cannot work more than 24 weeks in 12 months, in France, asylum seekers must obtain a temporary work permit and a similar position operates in Italy.

Further afield, in the USA applications to work can be made after six months, and in Canada, asylum seekers can work straightway.

Asylum seekers arriving in the UK want to work. They want to contribute to UK society yet three-quarters feel that not being able to use their skills or qualifications means they are unable to contribute to society as much as they would like. Not being able to work causes stigma, alienation, the feeling of being a burden to society as well as an increasing risk of poverty and inequality.

Currently, asylum seekers, who receive just under £7 a day, are not provided with sufficient funds to live on. The difficulties of trying to live on this allowance, the rising costs of living, and the extended delay in processing asylum claims have pushed many into taking jobs in the unregulated market, with its potential for exploitation and abuse. Here they experience zero-hour contracts, precarious positions, and undocumented work.

Many arrivals have high levels of education and many come from countries with strong traditions of entrepreneurship and small family business and have the potential to become employers themselves. When they are allowed to work they are less reliant on public funds and improve their self-esteem, self-reliance, and mental health. However, where well-qualified individuals end up in low-skilled jobs, there is a higher likelihood of health problems

Many asylum seekers have the education and skills to be able to contribute positively to the community in which they live. Being able to do so would improve integration and provide benefits for all members of the community – from civil society to businesses, healthcare, and public services. Integration would also help to enhance social cohesion and build stronger, more inclusive, and culturally diverse communities.

The British public is supportive of lifting the ban on asylum seekers working. Lift the Ban – a coalition of over 200 organisations campaigning for the right to work for asylum seekers – stated that 71% of the British public support lifting the ban.

Using the talent of asylum seekers would provide an opportunity to grow and diversify our workforce. Refugees and asylum seekers often possess a high level of education. Evidence presented to the House of Lords on 18 January 2024 identified about half of all refugees possessing a qualification equivalent to a UK A-level and above and 38% of Syrian refugees with a university degree. Where asylum seekers have limited access to education and employment, it prevents them from becoming self-sufficient. Better integration of refugees and asylum seekers has the potential to provide immediate economic benefit to the taxpayer by reducing government spending on refugee and asylum support.

A financial model developed by the London School of Economics found that if asylum applications were to be processed within 6 months, allowing people to work from then and providing employment support at that point, as well as providing English classes upon arrival to the UK, there would be a net economic benefit to the country of at least £1.2 billion within five years. Allowing the current situation to continue would only provide a total net economic benefit of £570 million by the end of the year.

Many asylum seekers wait for more than 12 months to have their claims processed and only if their claims are successful are they then eligible for general employment. If they were allowed to work six months after their first arrival there would benefits to the asylum seekers, their communities, and our economy. For this to happen, the government needs to meet its target to process asylum applications within six months and make asylum seekers eligible for general employment at this point – not restricting them to jobs on the Immigration Salary Lists.

Jobs on these lists could be made available to suitable asylum seekers from day 1. Ways to recognise overseas qualifications need to be put in place. Upon arrival, asylum seekers need to be provided with English lessons, and 6 months after arrival with employment support.