In the UK, asylum seekers are currently forced to navigate one of the strictest right-to-work policies in Europe. Even as they await decisions on their asylum claims — a process now plagued by unprecedented delays and backlogs — their right to work remains severely restricted. Asylum seekers who would otherwise face destitution must rely upon government support, receiving as little as £8.86 per week if their accommodation includes meals or £49.18 per week otherwise. These sums are so minimal that they leave most unable to meet even their most basic needs. And yet, despite these conditions, UK policy remains steadfast in prohibiting most asylum seekers from accessing employment.
The UK government’s October update to its guidance on permission to work and volunteering for asylum seekers underscores the rigidity of these restrictions, even introducing a new “Immigration Salary List” that will soon replace the prior “Shortage Occupation List.” This article unpacks the current rules on the right to work for asylum seekers, the obstacles they face, and the arguments calling for much-needed reform.
Who Are Asylum Seekers?
An asylum seeker, as defined by the UK government, is someone who has applied for protection from the Home Office, based on a credible fear of persecution or serious harm in their home country. They are awaiting a decision on their application, and this often lengthy wait only adds to the precariousness of their situation. The latest guidance also covers individuals who have received negative decisions on their asylum claims and are appealing or submitting further applications (referred to as “further submissions”).
The Current Landscape: No Automatic Right to Work
As a baseline, asylum seekers are not permitted to work while their claims are pending. The only substantial exception to this is where the asylum seeker had pre-existing leave to remain, which allowed them to work. This scenario would arise if, when they applied for asylum, they still had an active visa or other permission to stay that included work rights. Under section 3C of the Immigration Act 1971, this existing leave would automatically extend until their asylum claim is decided, provided the application was made before the existing leave expired.
Example Scenario: Consider Anna, an international student with leave to remain in the UK valid until 31 October 2024. Her visa allows her to work 20 hours per week during term time, with no restrictions outside of term time. On 15 October 2024, she makes an asylum application, automatically extending her leave and work rights until the Home Office makes a decision on her case. Should she be granted asylum in July 2025, she will have the right to work as a refugee. If, however, her application is refused and she subsequently appeals, her leave (and right to work) would extend until the appeal process concludes.
It’s worth noting that the Home Office has the discretion to amend conditions, including work rights, on a case-by-case basis. However, anecdotally, these permissions are often altered without explanation, further complicating the lives of asylum seekers.
Requesting Permission to Work After 12 Months: A Limited Right
The immigration rules permit an asylum seeker to apply for permission to work if their claim has been outstanding for over one year, provided any delay in processing is not attributed to them.
The process involves submitting form PTW1 to the Home Office, which, if granted, will endorse the asylum seeker’s Application Registration Card (ARC) with a right to work. Further submissions, filed under paragraph 353, follow a similar process, though these require submitting PTW1 to a different department.
However, this permission is restrictive: even when asylum seekers receive permission to work, their employment options are limited to occupations on government-controlled lists.
The Shortage Occupation List and the New Immigration Salary List
Since 4 April 2024, a new system applies: while asylum seekers who were granted work permission prior to this date remain bound by the Shortage Occupation List, all new applicants are now limited to roles on the newly introduced Immigration Salary List.
This list is significantly shorter than the previous shortage occupation list, reflecting only roles where labor shortages are most acute, such as bricklayers, care workers, and musicians. The Shortage Occupation List previously included a broader array of professions, from scientists and engineers to certain healthcare roles and even high-integrity pipe welders. While this list expanded slightly in 2022 to include care workers and home carers, the new Immigration Salary List has notably removed many of these occupations, restricting employment opportunities further.
The Impact of These Restrictions
For those who receive work permission, these lists mean that many remain effectively shut out of the workforce, as few possess the specialized skills required for the listed roles. This forces asylum seekers to continue relying on limited government support, unable to meet their essential needs through their own efforts. Despite being willing and able to contribute economically, most asylum seekers are left without meaningful employment options.
Legal Challenges and Calls for Policy Reform
The High Court and the Upper Tribunal have found the UK’s asylum work policy to be unlawful on multiple occasions, specifically due to its inflexible structure and lack of exceptions. As a result, asylum seekers now have a very limited option to request that the Home Secretary exercise discretion in granting work rights outside the established rules, although this is generally only granted in “exceptional circumstances.”
Despite these rulings, and a coalition of advocacy groups tirelessly campaigning to lift the ban on asylum seekers working, substantial policy change has yet to materialize. The Migration Advisory Committee has also advised abolishing the shortage occupation list, a recommendation that further bolsters arguments for reform.
Why Reform Is Necessary
The rationale behind the UK’s strict limitations on asylum seekers’ work rights is the fear of a “pull factor,” a belief that allowing asylum seekers to work will encourage more migration to the UK. However, there is no substantial evidence supporting this assertion. Allowing asylum seekers the right to work would enable them to support themselves, reduce poverty rates, and generate tax revenue. Moreover, this change could lead to significant cost savings for the government, as fewer individuals would require accommodation in hotels or other temporary housing.
A Policy Not Fit for Purpose
As it stands, the current policy continues to leave thousands in a state of limbo, where they face protracted waits for asylum decisions without the means to support themselves. In this landscape, the debate around asylum seekers’ right to work isn’t just about the legalities; it’s about human dignity, economic pragmatism, and social justice. Ensuring asylum seekers have a real, rather than merely symbolic, right to work could offer a lifeline for many — allowing them to live with greater stability while contributing to the communities they hope to call home.
Reflecting on the current framework, it is clear that the UK’s asylum work policy is overdue for meaningful reform. A policy shift could bridge the gap between humanitarian need and economic common sense, bringing benefits not only to asylum seekers but also to the broader UK economy and society.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.