Recently, a technical error caused many asylum seekers in the UK to miss their weekly support payment of £39.63. The incident brought attention to a much bigger problem – the unbelievably meagre support payment. “With less than £6/day, how can an asylum seeker meet even his basic needs?” The question remains unanswered.
Clearly, all those people need a job. But they are unable to get one. The extremely restrictive policy by the Home Office denies most asylum seekers the right to work while they application is pending.
Who is an ‘asylum seeker’?
An asylum seeker is someone who has left his home country because he fears harm or persecution and has applied to the Home Office to be recognised as a refugee by the UK government so that he receives protection. He has completed the first stage of application i.e., attending the initial screening interview, and is awaiting the decision.
The decision is supposed to arrive in 6 months after the application is made. However, in many cases, it takes years for the decision to come even though the applicant has done nothing wrong.
Can they work while waiting?
Unfortunately, when the claim is under consideration, asylum seekers do not possess the right to work. Only those who hold a visa that includes the right to work are allowed to work.
Let’s say that at the time of applying for asylum, you had a visa that included the right to work. That means, you could continue working. But what if your visa expires while your claim is being considered? Please note that your right to work will continue until you get a decision on your asylum application.
Then, if the decision is in your favour and you are recognized as a refugee, you will continue to have right to work.
On the other hand, if the decision is not in your favour, you can appeal the decision and your right to work will be extended again. However, please note that there is a specified period within which you must lodge an appeal.
Applying for Permission to Work
Paragraph 360 of the Immigration Rules states:
“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.”
So, according to the rules, if an asylum seeker’s application is pending for more than a year, he can apply for permission to work. He will be required to present evidence that the delay is not his fault. He must also have attended all the scheduled interviews.
The procedure to apply is clearly outlined in the Home Office Guidance. If permission is granted, the applicant receives a new Application Registration Card (ARC) which will be endorsed with the right to work.
“Happy ending”? Not really.
There are severe limitations on the type of job the person is allowed to do. Paragraph 360A of the Immigration Rules states:
“(i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included on the list of shortage occupations…
(ii) no work in a self-employed capacity; and
(iii) no engagement in setting up a business.”
The ‘shortage occupation list’ mentioned above includes professions that require a high-level skillset – doctors, scientists, engineers, paramedics, dancers, architects and other similar roles.
Most asylum seekers do not have the skills and qualifications for such high skill jobs. But what if an asylum seeker was a doctor or an engineer in his home country?
He may still not qualify because the UK does not automatically recognise qualifications from other countries. He will need to undertake further tests and qualifications in the UK. But how can someone who gets a support payment of less than £6/day even dream of trying this?
With such severe limitations on permission to work, mot asylum seekers are still without a job. All they have is the weekly support payment which appears to be horribly insufficient.
Has the Policy ever been challenged? Yes, but…
When the policy was challenged in the High Court and the Upper Tribunal, both agreed that the policy, with its present restrictions, is unlawful and requires more flexibility. Even so, no meaningful amendments have been made to the policy until today.
The only major amendment was that in certain “exceptional circumstances”, a person can work even if he does not meet the requirements mentioned in 360A. But the “exceptional circumstances’ are so exceptional that only very rarely can someone get permission to work.
Why things need to change
According to officials, the reason for the restrictive policy is that if asylum seekers have jobs in the UK before getting asylum, it may lead far too many to migrate into the UK. But no strong evidence exists to support this assumption.
In contrast, providing right to work to asylum seekers will lead to at least three remarkable benefits
- The country’s economy will experience a boost
- With tax receipts increasing and support payments reducing, the public finances will improve significantly.
- Asylum seekers can get out of the miserable financial situation and live a respectable life.