Asylum seekers may apply for permission to work if they have not received an initial decision on their claim within 12 months, but only if the delay was through no fault of their own.
Upon a successful application for permission to work, their right to work will be restricted to the jobs in Appendix Immigration Salary List and, for those granted permission before 3 April 2024, Appendix Shortage Occupations. Self-employment and engagement in setting up a business will not be allowed.
However, applicants who make an in-time asylum claim whilst having limited leave in another capacity that allows them to work, will be able to carry on working on the same conditions as that leave until their asylum claim is finally determined, pursuant to section 3C of the Immigration Act 1971. Issues may arise if an asylum claim was submitted out of time.
In all of the above cases, a correctly conducted right to work check must be completed by employers to make sure that the business is not at risk of employing an illegal worker.
If you have any questions regarding asylum seekers and right to work, do not hesitate to reach out for a conversation with our Business and Skilled Immigration team.