Can asylum seekers work while waiting for a decision on their case?

Asylum seekers who would otherwise face destitution must rely on financial support from the government. This support is limited to either £9.95 a week if the accommodation provides meals or £49.18 in other cases, which means most will struggle to meet their basic needs. Given this meagre level of support, you might expect that asylum seekers would automatically be granted permission to work while their claim is pending. However, those applying for asylum face extensive restrictions on their right to work.

Over recent years, there have been several developments in the Home Office’s policy on asylum seekers’ right to work. This article looks at the right to work rules for asylum seekers. It also covers a recent agreement by the Home Office to amend its policy to allow asylum seekers to work as doctors, nurses and other skilled professionals.

Who does this policy apply to?

The right to work policy for asylum seekers applies to those with pending asylum claims and those who have submitted ‘protection based further submissions’.

For the purposes of this article, an asylum seeker is someone who has applied to the Home Office for protection on the basis that they have a well-founded fear of persecution or serious harm in their home country. They are awaiting a decision on that application.

The policy also covers those who have received a negative decision on their asylum claim and are in the appeal process, as well as those who have submitted ‘further submissions’ (we have a guide to making further submissions here).

The most recent statistics show a backlog of 80,000 asylum appeals, significant delays and poor quality decision-making. Given the timeframes for decision-making and the backlog in the appeals process, the ability to work during this time is arguably more important than ever.

Basic rule: no right to work 

As a starting point, asylum seekers do not have the right to work while their claims are being considered.

The only meaningful exception to this rule is where the person has an existing right to work. This would come about if, at the time they applied for asylum, they had another form of leave (i.e. a visa or permission to stay) which came with a right to work. Where someone with existing leave makes a valid application – including an asylum claim –  before that existing leave expires, it is automatically extended by section 3C of the Immigration Act 1971 until their application is determined.

It is important that someone in these circumstances who is considering claiming asylum does so before the expiry of their leave to benefit from this provision. A late claim will mean that section 3C does not apply.

Example

Anna is in the UK with leave as a student, valid until 28 February 2025. The conditions on her student visa give her the right to work for 20 hours a week in term time, with no restrictions on hours of work outside of term time.

Anna makes an asylum application by attending a screening interview on 15 February 2025. Her leave is automatically extended, including her right to work, until the Home Office makes a decision. Anna is granted asylum and recognised as a refugee in December 2025. From that point on, she has the right to work because of her refugee status.

If the Home Office refused the application and Anna appeals within the specified period for lodging an appeal, her leave (including her right to work) will be extended again until her appeal is finally determined.

It is worth highlighting that the Home Office can amend the conditions on someone’s leave, including the right to work.

Requesting permission to work after 12 months

Part 11B of the rules allows asylum seekers to apply to the Home Office for permission to work if their asylum claim has been outstanding for over a year:

360 An asylum applicant may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within one year of the date on which it was recorded. The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant.

Paragraph 360C of the same part confirms that this also applies to those with pending further submissions. So, an individual may apply for permission to work after a 12-month delay in decision-making which is not attributable to their own actions.

However, if granted, it is not a matter of simply receiving an unrestricted right to work. The following restrictions will apply to any permission to work:

(i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included in Appendix Immigration Salary List;

(ii) no work in a self-employed capacity; and

(iii) no engagement in setting up a business. 

What is Appendix Immigration Salary List?

Those who are granted permission to work must only take up employment in jobs identified in ‘Appendix Immigration Salary List’. This list replaced the old ‘shortage occupation list’, which now only applies to those who applied for permission to work before 3 April 2024.

The Immigration Salary List focuses on roles where there is a significant shortage of labour. It includes roles such as care workers, nursing auxiliaries and assistants, carpenters, roofers and bricklayers. However, the list is extremely restrictive and the limitations on the types of employment someone may take up mean that most people granted permission to work will be shut out of the workforce. Instead, they will be forced to rely on meagre asylum support payments that are often not enough to meet their basic needs. 

What about doctors, nurses, and other skilled professionals?

In a welcome development, a recent challenge to the Home Office’s use of the Immigration Salary List to restrict jobs for asylum seekers eligible to work has resulted in the Home Office agreeing to amend the policy and immigration rules. The changes, which come into effect from 26 March 2026, mean that any asylum seeker granted permission to work will now be able to work in any occupation listed in Appendix Skilled Occupations at RQF level 6 (graduate level) or above. This will include doctors, nurses, and a wide range of skilled roles across different sectors.

How to apply

The procedure for applying for permission to work is outlined in the guidance. It is straightforward and involves completing form PTW1.

First-time asylum claimants should send the form to AsylumPTW@homeoffice.gov.uk, and those with pending further submissions should send it to FurthersubmissionsPTW@homeoffice.gov.uk.

Considerations

The guidance indicates the matters a decision-maker will have regard to when reaching a permission to work decision. First, they will check that the pending claim is a protection claim; that means one based on the refugee convention. If not, permission to work will not be granted.

There will also be consideration of the reasons for delay. If, for example, someone has a history of not complying with Home Office requests, this may count against them and they may not be granted permission to work. Criminality will also be considered. If an individual’s claim has been delayed awaiting the outcome of a pending prosecution, then the Home Office’s position is the delay is at least partially attributable to that person. 

Dependants

There is currently no provision for dependants to apply for permission to work, unless they are claiming asylum in their own right.

Demonstrating permission to work

If granted, the Home Office will reissue the asylum seeker’s Application Registration Card (ARC) and endorse it with the right to work, subject to conditions. We don’t know how many people are granted permission to work in accordance with the immigration rules because the Home Office doesn’t publish any data. In our experience, such applications are usually granted (eventually).

But someone who does get permission to work may run into a further problem. Their earning capacity may mean they become ineligible for legal aid to support with legal fees through the asylum process, even if they do not earn enough to pay for a lawyer privately. 

Haven’t there been legal challenges about all this?

The policy denying asylum seekers the right to work except in these very restrictive circumstances has been successfully challenged in the High Court, the Upper Tribunal and then the High Court again. Each time it was held that the policy as it then stood was unlawful because it allowed no possibility of exceptions.

As a result of these challenges, it is now possible to ask the Home Secretary to exercise discretion to grant permission to work outside the immigration rules. Although, as ever, the applicant will need to demonstrate that there are exceptional circumstances.

In addition to the legal challenges, there is a coalition of hundreds of organisations continuing to campaign to lift the ban on asylum seekers working. The Migration Advisory Committee has also recommended that the shortage occupation list is abolished.

Policy not fit for purpose

The official thinking behind this extremely restrictive policy is that enabling asylum seekers to access the job market before being granted asylum would serve as a “pull factor” for migration into the UK. To the best of our knowledge, there is no evidence to support this assertion. 

Giving asylum seekers an effective, rather than symbolic, right to work would allow them to support themselves financially, lower poverty rates, and generate higher tax revenues. It would also significantly reduce the cost of housing asylum seekers in hotels. Surely then, this is a policy change that should appeal to both sides of the political spectrum.

This article was originally co-authored with Alex Piletska. It has been updated by Katherine Soroya so that it is correct as of the new date of publication shown.