Right to Work for Asylum Seekers UK

The General Rule

When you claim asylum in the UK, you do not have the right to work. The government's position is that asylum seekers are supported through the asylum support system while their claims are being processed. The official guidance is on the GOV.UK asylum page.

Permission to Work After 12 Months

Paragraph 360 of the Immigration Rules, part 11B says an asylum applicant may apply for permission to take up employment if:

• no first decision has been made on the claim within one year of the date it was recorded, and
• in the Home Office's opinion, the delay in reaching that decision cannot be attributed to the applicant

The same right applies to a person whose claim was refused and who has made further submissions on protection grounds that have been outstanding for more than 12 months.

An application is made by writing to the Home Office. The caseworker guidance describes the details recorded on a decision: full name, date of birth, Home Office reference number, and the date the claim was lodged. A legal aid solicitor can help with this.

Which Jobs Permission to Work Covers

Permission to work does not open up the whole labour market. It is restricted to jobs on a published list, and which list applies depends on the date the application for permission was made. The Home Office caseworker guidance sets out both positions.

• Applications made before 26 March 2026: restricted to jobs on the Immigration Salary List published by the Home Office.
• Applications made on or after 26 March 2026: restricted to jobs in Appendix Skilled Occupations that are skilled to Regulated Qualifications Framework level 6 or above on the Skilled Worker route. Level 6 is degree level.

This is a narrow permission, and it narrowed again in March 2026. An older version of this restriction pointed at the Shortage Occupation List, which was replaced by the Immigration Salary List in April 2024. If you read that the Shortage Occupation List governs asylum permission to work, the page you are reading is two revisions out of date.

Paragraph 360A attaches two further restrictions whichever list applies: no work in a self-employed capacity, and no setting up a business.

Paragraph 360B says permission to work lasts only until the asylum claim has been finally determined. The caseworker guidance puts the same point plainly: permission comes to an end if the claim is refused and appeal rights are exhausted.

Permission to work does not extend to family members. The guidance says there is no provision in the Immigration Rules to grant permission to work to dependants of an asylum seeker, even where the claim has been outstanding for more than 12 months.

What Does Not Count as Your Fault

The caseworker guidance says the Home Office must consider an application where the delay is not, in its opinion, the applicant's fault, and that caseworkers must take into account how much of the 12-month delay is down to the applicant. Delays that are not attributed to the applicant include:

• The Home Office taking a long time to schedule the interview
• The Home Office taking a long time to make a decision after the interview
• Administrative backlogs

The guidance lists refusal reasons that include the delay being entirely the result of the applicant's actions or inaction, and the delay being partly due to them where it is not appropriate to exercise discretion in their favour. Examples of conduct the guidance treats as the applicant's contribution to delay include repeated or long periods of non-compliance with the asylum process.

Volunteering

The caseworker guidance says asylum seekers can volunteer while their claim is being considered, without being granted permission to work.

Rules the guidance sets for volunteering:

• It must not amount to engagement as an employee or a worker, as those terms are defined in section 230 of the Employment Rights Act 1996
• Payment must not go beyond reasonable travel and meal expenditure

See our community groups guide for organisations that involve volunteers.

If You Receive Refugee Status

If an asylum claim succeeds and the person receives refugee status or humanitarian protection, the restrictions above fall away. The protection route guidance describes immediate and unrestricted access to the labour market. That means:

• Work for any employer in any role
• Self-employment
• Setting up a business

The length of that permission to stay changed in March 2026, and it now depends on the date the asylum claim was lodged — see refugee status for the two positions.

Employers verify a right to work using the Home Office online checking service. Biometric residence permits stopped being issued at the end of 2024; status is now held online in a UKVI account, known as an eVisa.

Employer Considerations

For an employer considering hiring an asylum seeker who has permission to work:

• The permission-to-work letter from the Home Office sets out what is permitted
• The role must be on the list named in that letter — the Immigration Salary List for permission applied for before 26 March 2026, or Appendix Skilled Occupations at level 6 or above for permission applied for on or after that date
• A sponsor licence is not required
• The person has the same employment rights as any other worker (minimum wage, holiday, sick pay)

The guidance notes that the Home Office does not routinely review an applicant's qualifications and experience when deciding a permission to work application, and that it is for the employer to check the applicant is qualified for the position before they take up the post.

See our right to work check guide and employment rights guide.

The Debate on Asylum Seekers' Right to Work

The restriction on asylum seekers working is a subject of ongoing debate in the UK. Many organisations, businesses, and charities argue that allowing asylum seekers to work sooner would benefit the economy, reduce support costs, and improve mental health. As of 2026, the 12-month rule remains in place, and the restriction on which jobs it covers was tightened on 26 March 2026 by Statement of Changes HC 1691.

Where to Read the Rules

Related guides:

• UK asylum process
• Asylum support
• Asylum interview guide
• Immigration Salary List

The official sources are the Immigration Rules part 11B and the permission to work caseworker guidance.

Questions and answers