An individual’s immigration status will impact on the type of employment, training, and enterprise activities s/he can undertake. Therefore, some of the services included in the directory will be restricted to those who have permission to work and/or leave to remain. The Immigration Status Index at the end of the publication lists these projects.
Whereas refugees and others with temporary or indefinite leave to remain are free to undertake employment or start a business, asylum seekers who are awaiting the outcome of their claim are restricted in their activities.
Employment and business activity:
Asylum claimants are not entitled to work unless specifically authorised to do so by the UK Border Agency. As a general rule, the UK Border Agency will only grant permission to work if the applicant has had to wait more than a year for an initial decision on his/her case and the delay is not attributable to the applicant. The UK Border Agency can provide further information, including a link to an interactive toolkit for employers. The UK Border Agency can provide further information on the UKBA website.
Asylum claimants are not entitled to engage in a business or professional activity.
Training and voluntary activity:
From 1 August 2007, adult asylum seekers (19+) are only eligible for Learning and Skills Council funded further and adult education if they have legally been in the UK pending the consideration of their claim by the UK Border Agency for longer than six months. The LSC website contains a section on Learner Eligibility Guidance.
Supported asylum seekers meeting the above criteria can be accepted by a college on to a vocational course which includes unpaid employment (i.e. where the work placement is part of the course and not paid employment). They may wish to inform The UK Border Agency of their intentions, to avoid any misunderstandings with regard to 'work', 'pay' and ‘support'. Where training includes a 'training allowance' the UK Border Agency must be informed in order that the level of support may be reassessed. Vocational training that includes paid employment cannot be undertaken.
Volunteering is an activity that both refugees and asylum seekers are allowed to undertake. Volunteering is defined by the UK Border Agency as providing a service for non-profit making voluntary or charitable sector organisations, (or bodies that raise funds for either), as well as public sector agencies for which only reasonable expenses are paid. Volunteering is not unpaid work, which is defined, for these purposes, as providing a service for beneficiaries that is typically non-charitable in nature.
The UK Border Agency website provides further information on asylum support, including guidance on eligibility for vocational training and voluntary activity.
This information is produced for guidance only and was checked for accuracy in September 2007. It is not intended to provide the basis for legal advice for individuals, and is no substitute for specialist advice.