Understanding the Asylum Work Permission Process
As a seasoned IT professional, I’m often asked about the complexities surrounding the right to work for those seeking asylum in the UK. The process can be confusing, with numerous rules and restrictions to navigate. In this comprehensive article, we’ll dive deep into the nuances of applying for permission to work as an asylum seeker, providing practical tips and insightful guidance to help you through the journey.
The Basics of Asylum Work Permission
Most people who have claimed asylum in the UK are initially not allowed to work. This can be a significant challenge, as it can feel like you are unable to move forward with your life and earn your own money while waiting for a decision from the Home Office. However, the immigration rules do allow for you to request permission to work if you have been waiting for more than 12 months for a Home Office decision on your asylum claim “through no fault of your own.”
This 12-month period may start from the time you initially claimed asylum or from when you submitted further submissions to be considered as a fresh claim. It’s important to note that if you have received a refusal of your claim from the Home Office and have lodged an appeal, you will not be able to apply for permission to work during this time.
Navigating the Immigration Salary List
Almost everybody granted permission to work under this policy is only allowed to work in a job on the Home Office’s Immigration Salary List. This list was introduced in April 2024 to replace the previous Shortage Occupation List. It outlines jobs that have a shortage of workers in the UK, such as specialized roles like chemical scientists or classical ballet dancers.
While this may seem limiting, there are also more general jobs like bricklaying, roof tiling, construction, and care work available on the list. It’s important to understand that the Immigration Salary List is separate from the Skilled Worker Visa, which has different requirements and restrictions.
Applying for Permission to Work
Permission to work is not issued automatically; you must apply to the Home Office for it. If you have a lawyer, it’s a good idea to ask them to help you with the application process. If you don’t have a lawyer, the Migration Justice Project has published a useful guide in multiple languages to assist you.
When applying, you’ll need to provide the Home Office with evidence, including:
– A copy of your asylum registration card (ARC)
– Confirmation that your asylum claim or further submissions have been outstanding for at least 12 months
– An explanation of why the delay in your case is not your fault
Once your application is approved, you’ll be issued a new ARC card to reflect your permission to work. Keep in mind that you’ll also need to apply for a National Insurance Number to be able to legally work in the UK.
Potential Challenges and Solutions
Unfortunately, the process of obtaining permission to work can lead to additional challenges for many asylum seekers. Some common issues include:
Impact on Asylum Support: If you start earning money through employment, you have a legal duty to notify the Home Office. They will then review your situation to determine if you still meet the “destitution” requirement for asylum support. Depending on your income, your weekly asylum support subsistence or housing accommodation may be reduced or stopped.
Delays: Many asylum seekers face significant delays in the asylum process, which can also impact the timeline for obtaining permission to work. Reaching out to your local Member of Parliament (MP) can sometimes help to expedite the process, or at least bring attention to the issue.
Share Code Issues: Another common problem is that even after being granted permission to work, some asylum seekers encounter difficulties when trying to obtain a “share code” from the Home Office website to prove their right to work. In these cases, you can try using the “ASL 4264” letter from the Home Office or asking your employer to use the Employer Checking Service.
Employer Discrimination: Unfortunately, some employers withdraw job offers when they find out an applicant is seeking asylum. It’s important to understand your rights in these situations and be prepared to challenge any unlawful discrimination.
By being aware of these potential challenges and knowing how to address them, you can better navigate the asylum work permission process and advocate for your rights.
The Right to Volunteer
While the rules around permission to work can be quite restrictive, it’s important to note that asylum seekers have the right to volunteer at any stage of the asylum process. Volunteering can be a valuable way to contribute to the community, gain work experience, and support your integration if you are granted leave to remain in the UK.
However, it’s crucial to ensure that any volunteering activities do not interfere with scheduled events like asylum interviews or reporting requirements. The organization you volunteer for should also be aware of the rules and be willing to accommodate your immigration status.
Conclusion
Applying for permission to work as an asylum seeker can be a complex and frustrating process, but it’s essential to understand your rights and the steps involved. By familiarizing yourself with the Immigration Salary List, the application process, and potential challenges, you can better navigate the system and advocate for your right to work and contribute to your new community.
Remember, the team at IT Fix is always here to provide practical tips and in-depth insights on technology, computer repair, and IT solutions. If you have any further questions or need additional support, don’t hesitate to reach out.
