What are the rules about asylum seekers’ right to work in the UK?

In 2002, the Government removed asylum seekers’ right to work. Although further changes introduced in 2005 mean that people who have been waiting over 12 months for an initial decision on their asylum claim can now apply for permission to work, in practice most asylum applicants cannot benefit from this concession, because the majority of initial decisions are made in less than 12 months - although it may take considerably longer to complete the appeals process, or receive a decision on a fresh asylum claim. Instead of allowing asylum seekers to work whilst they are waiting for a decision on their case, the Home Office provides them with financial support and accommodation.

Asylum seekers who have been refused and exhausted the appeals process are also prohibited from undertaking paid employment, even if the Home Office accepts that there are valid reasons why they are temporarily unable to leave the UK (such as there being no safe route of return to their country of origin). In these circumstances they will be provided accommodation and supermarket vouchers in order to cover their essential living needs whilst they remain in the UK. The Supreme Court of the European Union has declared that asylum seekers have the right to work as a basic human right. Asylum seekers would have to be qualified maths teachers, chemical engineers, high-integrity pipe welders or even experienced orchestral musicians or ballet dancers.

For and Against

The Government considers that allowing asylum seekers to work would act as a “pull factor” which would encourage more people to claim asylum in the UK

Responses indicate that asylum seekers are highly motivated to work

Asylum Seekers were anxious to contribute to society and did not want to be dependent on state support

Restrictions were undermining asylum seekers’ mental health and wellbeing and efforts to integrate into UK society

Accommodation for asylum seekers is on a no-choice basis with a small amount of supermarket vouchers to cover their essential living needs

Millions of Britons are out of work and jobs are in short supply

The Home Office estimates there at least 45,000 people seeking asylum in this country

Those eligible are restricted to only working in certain jobs where this is a skills shortage

The benefits system is already heavily overloaded with claimants

Asylum seekers can challenge the Home Offices’ decision and make a fresh a ppeal. This means further benefits paid out

The vast majority of asylum seekers who come to the UK would rather support themselves through work than be forced to be homeless or to rely on Government support

Denying asylum seekers the chance to work means they cannot contribute to the UK economy and condemns asylum seekers and their families to abject poverty.

Immigrants, including refugees, pay more into the economy compared to their UK born counterparts. (Institute for Public Policy Research)

Immigration officers have the power to detain asylum seekers, even if they have not committed any crime

An estimated 30,000 jobs have been created in Leicester by Ugandan Asian refugees since 1972. The Observer 8 august 2002

About 1,200 medically qualified refugees are recorded on the British Medical Association’s database 2008

It is estimated that it costs around £25,000 to support a refugee doctor to practise in the UK. Training a new doctor is estimated to cost between £200,000 and £250,000. October 2009 NHS Employers

Asylum-seeking children contribute very positively to schools across the country. This in turn enables more successful integration of families into local communities. (Office for Standards in Education, October 2003)

The top ten refugee producing countries in 2008 all have poor human rights records or ongoing conflict. Asylum seekers are fleeing from these conflicts and abuses, looking for safety (UNHCR)

The Home Office detains around 1,000 children seeking asylum with their families each year

The UK is home to less than 2% of the world’s refugees – out of 16 million worldwide..(UNHCR) 2008 Global Trends: Refugees, Asylum Seekers 2009

About 80% of the world’s refugees are living in developing countries, often in camps. Africa and Asia between them host more than three quarters of the world’s refugees. Europe looks after just 14%.
(UNHCR 2008)

Almost 10,000 failed asylum seekers received an average of £150 a week in accommodation and food allowances while they appealed against deportation. Ministers have admitted the significant increase in costs borne by the taxpayer – almost 20 times the £4 million spent four years ago – is due to a large backlog of failed claimants, who cannot be removed despite judges ruling they have no right to stay here 2009

In the financial year 2007/08, about 9,365 failed asylum seekers received £73 million in accommodation and food allowances – the equivalent of £8,000 a year or £150 a week for each claimant

A spokesman for the Home Office said that the number of failed asylum seekers claiming assistance had more than doubled from 5,180 in 2004/05 to 10,850 by the first quarter of this year.

The Law says that those who can prove they are destitute can claim free accommodation and £35 a week in food vouchers.