Requesting Permission To Work As an Asylum Seeker

Overview

The only requirement for asylum seekers to work in the UK is that there must be a claim or further submission on the grounds of protection that has been undecided by UKVI (UK Visas and Immigration) and has been outstanding for a minimum of twelve months from the date when the claim was made.

This is only applicable to UKVI-decided cases. In cases where a decision was made within 12 months but an appeal against the decision is pending, the applicant cannot get permission to work.

Those who have been dealing with permission to work applications will first review the case of the asylum claim to assess why the claim decision has been delayed and ensure that the case will not receive further unnecessary delays.
The delay cannot be due to the applicant; if so, they will not be granted permission to work.

The Home Office is obligated to consider an application for permission to work should the delay not be, in the opinion of the Secretary of State, the applicant’s fault. A caseworker who is considering the application will also need to consider how much time the 12-month delay is due to the applicant. This will include considering the reasons behind the applicant’s contribution to delays. This could include periods of non-compliance with the asylum process.

If the delay is the fault of the applicant, permission to work will be refused.
In cases where the applicant is partially responsible for the delay due to non-compliance with procedures, reasoning for non-compliance should be considered.

For example, in a case where an individual gives reasoning for failure to comply with the necessary procedures, these must be considered. If the applicant had a period of serious illness, this would be considered a valid reason for non-compliance. Alternatively, a prison sentence would not be considered acceptable.

Dependents Of Asylum Seekers

The UK government has no provision in the Immigration Rules to grant permission to work to the dependents of an asylum seeker or a failed asylum seeker. This includes instances where a claim or further submission for asylum has been outstanding for over 12 months.

If permission to work is granted to the primary applicant claiming asylum, it is important to note that caseworkers need to ensure that it is clear that this permission to work is not extendable to the applicant’s dependents.

Asylum Seekers Who Have Existing Leave

Should an applicant claim asylum but still have limited leave in another form that allows them to work, they can ask if they can still work beyond the date of their leave expiration. The permissions will depend on whether or not the applicant applied for asylum before the expiration of their current leave.

If an asylum application was made before the expiration of the current leave and this leave was not a type that prohibited work, the applicant can continue to work on the same conditions as their leave until they receive a decision on their claim for asylum.

The Immigration Act, 1971, Section 3C automatically extends the leave of an individual who applies for further leave to remain (of which asylum is included) as long as they have existing leave to remain (or enter) at the time of the application being made. The applicant needs to be informed in this case that they can continue working on the same terms as they did on their previous visa.

However, should an applicant make their claim out of time, then Section 3C cannot be applied, and any conditions attached to the leave will cease from the date that the leave expires. This means that permission to work will be refused unless requirements are met under Paragraph 360.

Overview

Every application for permission to work as an asylum seeker or as a failed asylum seeker needs to be made by making a statement to UKVI (UK Visas and Immigration). This should include the required information, as follows:

• The full name of the applicant, their date of birth, and their nationality.
• The applicant’s Home Office reference number.
• A statement from the applicant setting out their request for permission to work in the UK
• Contact details of the applicant and a legal representative of the applicant, if they have one

Applications need to be sent to the relevant team, there are a variety of teams that regularly receive these applications.

Asylum Casework Teams

Those who are still waiting on an initial decision on the claim or those who have a failed asylum claim with outstanding further submissions need to submit requests for permission to work to the Permission to Work team.

It should be made clear in this whether or not the application is related to an asylum claim or for further submissions. Decisions to grant permission to work should never be taken without the asylum claim or further submission first being reviewed. This is necessary to assess why the decision has been delayed.

Requests in this form are dealt with as soon as is reasonably possible and without any unnecessary delays.

Permission To Work Applications Dealt With At Reporting Centres

Should an applicant request permission to work at a reporting centre, staff at this location will advise the applicant to write to the Asylum Casework Team as above.

Reporting centre staff are not able to decide on permission to work applications.

Permission To Work Applications In Litigation

If a request for permission to work is submitted as part of a pre-action protocol letter or as a part of a judicial review application that relates to another matter, it is necessary to inform the applicant that they need to contact UKVI.

A formal application needs to be made in writing to UKVI for the request to be considered. Permission to work requests cannot be considered unless made following the appropriate process.

Overview

With the exclusion of exceptional circumstances, applications made for permission to work by asylum seekers who are awaiting an initial decision should only be considered where there is a pending asylum claim with the Home Office that has been outstanding for an excess of 12 months.

Caseworkers making decisions on these applications need to consider the relevant criteria.

An Outstanding UKVI Decision On Grounds Of Protection

To consider a permission to work application, an asylum or further submission regarding protection grounds must be made. This claim needs to have not yet been decided by UKVI and has to have been outstanding for at least 12 months from the date on which the claim was made.

This is only relevant to UKVI decisions. Should a decision have been made within 12 months; but an appeal is pending, the application will be rejected.

Delays

If the applicant is not at fault for the delay in the decision of their claim, then the Home Office is obligated to consider the permission to work application. This includes considerations regarding the reasoning for delays, non-compliance issues, and the reasoning for non-compliance.

An applicant who has been non-compliant due to severe illness and has a delayed claim for over 12 months may get permission to work. However, an applicant who has been non-compliant due to jail time and has a delayed claim for over 12 months will not get permission to work.

Criminal Offences

Failed asylum seekers and asylum seekers who have been convicted of a criminal offence cannot receive permission to work if the decision on the claim has been delayed due to a need to wait for the outcome of the prosecution.

Delays on this basis are considered to be attributed to the applicant.

Dependents Of The Primary Applicant

The dependents of the primary applicant cannot get permission to work, even if the claim has been outstanding for over 12 months. Dependents of a primary applicant also do not get permission to work, even if the primary applicant obtains permission to work.