This guide is maintained as a current resource for July 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explains who can work while claiming asylum in the UK, the conditions for permission to work after 12 months awaiting a decision, the application process, types of permitted work and practical considerations for claimants and employers.
In the United Kingdom, people who claim asylum normally do not have an automatic right to work while their claim is being considered. Work rights for asylum seekers are tightly regulated and arise only in limited circumstances under immigration law and Home Office policy. These rules intersect with rights to support, access to public funds, and broader policy debates about integration, labour shortages, and asylum system pressures. This article explains the current legal framework governing work rights during the asylum process, how permission to work can be obtained, practical considerations, and common questions for claimants, advisers, students, and members of the public.
Legal Framework Governing Work Rights
Default Rule: No Work While Decision Pending
As a general rule, asylum seekers are not permitted to work in the UK while their application for international protection is being considered by the Home Office. This applies from the moment a claim is lodged until an initial decision is made or further submissions are assessed. The right to work is not automatic and must be granted explicitly.
Claimants without work rights typically rely on asylum support to meet their essential living needs rather than employment income.
Eligibility for Permission to Work
Under current Immigration Rules (Part 11B), asylum seekers can apply for permission to work if they meet the following key conditions:
- Their asylum claim has been outstanding for more than 12 months without a decision being made, and
- They were not responsible for the delay in processing the claim.
The same rule applies to failed asylum seekers who have lodged further submissions that remain outstanding for more than 12 months.
The Home Office will consider the application and may grant permission, but this is not guaranteed; refusal can occur if the delay is due (in whole or part) to actions or inaction by the applicant or other specified reasons.
Limited Scope of Work Rights
If permission to work is granted under these rules:
- The individual may take up **employment only in jobs on the Immigration Salary List (which replaced the Shortage Occupation List). It contains specific roles deemed to address labour shortages.
- Self‑employment, business activities, and professional practice outside employed roles are not permitted.
These restrictions are intended to control the impact of asylum status on the UK labour market while allowing work in sectors with recognised shortages.
Exceptions
Certain people who make an asylum claim may retain work rights automatically:
- Individuals who were already legally employed in the UK on a visa that allowed work (for example, a Skilled Worker visa) and who claimed asylum before that visa expired may continue working in accordance with the terms of their original visa.
This reflects the legal principle that extending leave under section 3C of the Immigration Act 1971 preserves existing rights until a decision is made.
Volunteering
Asylum seekers may volunteer without needing permission from the Home Office. Volunteering must be unpaid and with a charity, public sector organisation or community group. Volunteering can support integration and may strengthen practical skills and networks, but does not provide an entitlement to paid work.
Timing and Application Process
Applying for Permission to Work
An asylum seeker who has waited 12 months without a decision can apply using the Permission to Work (PTW1) form. The application must include:
- A copy of the Application Registration Card (ARC) showing the date the asylum claim was submitted;
- Supporting evidence that the delay was not the claimant's fault; and
- Any relevant documentation (such as previous leave that included work rights).
There are no fees for a permission‑to‑work application, and it must be sent to the Home Office's Permission to Work Team.
Decision‑Making and Documentation
If the proposal is granted, the Home Office will issue an updated ARC confirming the work entitlement, which can then be used to:
- Apply for a National Insurance number via the Department for Work and Pensions; and
- Provide evidence of entitlement to work to employers for Right to Work checks.
Failing to update the ARC or working outside the scope of permitted employment risks enforcement action and loss of support. Employers must conduct statutory Right to Work checks using current documentation.
Interaction with Broader Immigration Policy
The current work rights regime for asylum seekers is often debated in political and policy contexts. Some parliamentary reports have called for work rights to be extended after six months instead of 12, particularly for roles in sectors with acute labour shortages.
Comparisons with EU countries show that many member states allow asylum seekers to work sooner or with fewer restrictions, which advocates argue supports economic integration and reduces dependency on public support.
Nonetheless, the UK Government's position, as reflected in official statements, has been to retain a distinction between asylum and economic migration, emphasising the need to manage immigration control and deter irregular arrival solely for employment.
Practical Considerations and Risks
Work Rights and Housing/Support
Recent policy statements indicate a shift in how asylum support may be provided in future, with proposals to limit support for those who have the right to work but do not take up permitted employment. These changes reflect broader reforms to asylum support obligations but are subject to implementation detail and statutory change.
Illegal Working
Working without permission remains unlawful and may lead to immigration enforcement consequences, including loss of asylum support or impact on claim credibility. Employers also risk penalties for hiring individuals without appropriate documentation.
Dependants and Education
Dependants of asylum seekers do not gain an automatic right to work unless they have made an asylum claim in their own right and meet the eligibility criteria. Children under 18 remain ineligible for work but may engage in work experience or training that forms part of education.
Common Questions
Can any asylum seeker work immediately after claiming?
No. The default position is that asylum seekers are not allowed to work until they have been waiting 12 months or have specific retained rights from prior valid leave.
What kinds of jobs can asylum seekers take if permission is granted?
Work is generally limited to roles on the Immigration Salary List, which includes occupations where there are recognised labour shortages. Self‑employment and business activities are not permitted under permission to work.
Does volunteering affect asylum support?
Volunteering is allowed and does not require permission, but unpaid activities must not be substituted for employment or used to circumvent work restrictions.
Final Thoughts
Rights to work while claiming asylum in the UK are limited and regulated. Asylum seekers are generally prohibited from working until their claim has been outstanding for 12 months without decision and they have successfully applied for permission to work. Even then, permitted employment is restricted to roles on the Immigration Salary List, and work rights are not equivalent to those of refugees or other visa holders. Understanding these rules, the application process, and potential risks is critical for asylum seekers, advisers, employers and others engaged with the UK immigration system.
