Should Asylum Seekers be allowed to work?

Apr 05 2022

Human Rights and Asylum, UK Immigration

Currently, people seeking asylum in the UK can only apply for permission to work if they have been waiting for an initial decision on their asylum claim for over 12 months.

The delay in decision-making should not be the applicant’s own fault, rather it should be due to Home Office administrative delays. If an applicant successfully obtains permission to work, they can only undertake roles that appear on the Shortage Occupation List.

There are numerous campaigns demanding changes to the current policy, including reducing the length of time for eligibility to apply for permission to work, lifting the Shortage Occupation List restriction and allowing refused asylum seekers to work, if there is a temporary obstacle preventing their departure from the UK.

The latest statistics show that there are over 70 000 people waiting for a decision on their initial asylum application. This is a 73% increase from the past 2 years.

When compared globally, the UK policy seems to be the most restrictive when it comes to allowing asylum seekers access to employment. For instance, EU law requires asylum seekers to wait 9 months, the USA requires 6 months and Canada and Australia require no time period before seeking employment.

At the same time, there is a continuing labour shortage in the UK. The main industries presently affected are global vehicle production, petrol, milk, meat, toys and trees, and building materials.

In this context, it could certainly be worth reviewing the possible benefits that extending asylum seekers’ rights to employment could bring. Potential advantages include benefits to the economy and reduced costs to the taxpayer, improving the integration of asylum seekers in the UK and reducing their vulnerability to destitution or exploitation as an illegal worker.

For now, we will have to wait and see where the ongoing discussion takes us amidst the UK’s current labour shortage.

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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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