Employing Asylum Seekers
Can asylum seekers work in the UK? Understand when asylum seekers have permission to work and how to check their right to work.
Last updated: 30 January 2025
Asylum seekers have restricted work rights that require careful verification.
Can Asylum Seekers Work?
General Rule
| Status | Work Allowed |
|---|---|
| Initial claim | No |
| Under 12 months | Usually no |
| Over 12 months | May apply |
| With permission | Restricted jobs |
When Permission Granted
| Condition | Required |
|---|---|
| Claim outstanding | Over 12 months |
| Not their fault | For delay |
| Application made | For permission |
| Permission granted | By Home Office |
Permission to Work
How It's Obtained
| Step | Action |
|---|---|
| 1 | Claim outstanding 12+ months |
| 2 | Apply for permission |
| 3 | Home Office decides |
| 4 | If granted, document issued |
Restrictions That Apply
| Restriction | Detail |
|---|---|
| Shortage list only | Limited jobs |
| Cannot self-employ | Must be employed |
| Cannot be director | Of company |
| Specific occupations | Check list |
Shortage Occupation List
What It Is
| Feature | Detail |
|---|---|
| Government list | Of shortage jobs |
| Updated periodically | Changes happen |
| Skilled roles | Generally |
| UK-wide and regional | Versions |
Common Shortage Occupations
| Sector | Examples |
|---|---|
| Healthcare | Nurses, care workers |
| Engineering | Civil, mechanical |
| IT | Some specialist roles |
| Construction | Some trades |
| Education | Some teachers |
Checking the List
| Action | How |
|---|---|
| Check gov.uk | Current list |
| Regular updates | List changes |
| Confirm role | On list when hiring |
Checking Right to Work
Employer Checking Service
| Process | Detail |
|---|---|
| Use ECS | Not online share code |
| Asylum seekers | Cannot generate codes |
| Request check | Via ECS |
| Receive response | PVN if positive |
What You Need
| From Employee | Detail |
|---|---|
| Home Office reference | ARC number |
| Personal details | Name, DOB |
| Permission document | If have |
Positive Verification Notice
| If Positive | Shows |
|---|---|
| Permission granted | To work |
| Restrictions | Shortage list only |
| Valid period | Time limited |
| Your record | Keep it |
Application Reference Card (ARC)
What It Is
| Feature | Detail |
|---|---|
| Identity document | For asylum seekers |
| Shows status | Asylum seeker |
| Reference number | For ECS check |
| Photo | Identity |
Using the ARC
| Action | Note |
|---|---|
| Not proof of right to work | On its own |
| Use reference | For ECS check |
| Don't rely | On card alone |
Making the Check
Step-by-Step
| Step | Action |
|---|---|
| 1 | Obtain ARC details |
| 2 | Complete ECS request |
| 3 | Submit to Home Office |
| 4 | Wait for response |
| 5 | If positive, hire |
| 6 | Keep PVN |
Response Times
| Service | Time |
|---|---|
| Standard | Up to 5 working days |
| May be longer | Complex cases |
| Don't start work | Until confirmed |
If Permission Granted
What Employer Receives
| Document | Detail |
|---|---|
| Positive Verification Notice | Confirms permission |
| Restrictions stated | Shortage list |
| Valid period | Dates |
| Follow-up date | When to recheck |
Conditions to Follow
| Condition | Employer Must |
|---|---|
| Shortage job only | Ensure role qualifies |
| Time limit | Note expiry |
| Recheck | When required |
Follow-Up Checks
When Required
| Situation | Follow-Up |
|---|---|
| PVN expires | Before expiry |
| Status changes | If notified |
| Regular review | As specified |
Repeating the Check
| Process | Same |
|---|---|
| ECS again | Same process |
| New PVN | If positive |
| Or cease employment | If no longer valid |
If Permission Refused
Position
| Outcome | Action |
|---|---|
| Cannot work | Don't employ |
| No right | Until status changes |
| May change | If claim decided |
If Claim Decided
| Decision | Work Rights |
|---|---|
| Granted refugee status | Full work rights |
| Humanitarian protection | Usually full rights |
| Refused | Must leave or appeal |
Refugees vs Asylum Seekers
Important Distinction
| Status | Work Rights |
|---|---|
| Asylum seeker | Restricted/none |
| Refugee (granted) | Full rights |
| Humanitarian protection | Full rights |
After Claim Decided
| If Successful | Position |
|---|---|
| Refugee status | Any job |
| BRP issued | For verification |
| No shortage restriction | Full rights |
Common Scenarios
Scenario 1: Asylum Seeker Applies for Job
| Step | Action |
|---|---|
| Ask about status | Permission to work? |
| Check via ECS | Request verification |
| If positive | Shortage role only |
| If negative | Cannot employ |
Scenario 2: Claim Granted During Employment
| Change | Action |
|---|---|
| Now refugee | Full work rights |
| Recheck | Via online service |
| Remove restrictions | Any role ok |
| Update records | New status |
Scenario 3: Permission Expiring
| Action | Timing |
|---|---|
| Note expiry | In advance |
| Request recheck | Before expiry |
| If positive | Continue |
| If negative | Must stop work |
Penalties for Employers
If Employ Illegally
| Risk | Consequence |
|---|---|
| Civil penalty | Up to £60,000 |
| Criminal offence | If knowingly |
| No statutory excuse | If didn't check |
Avoiding Penalties
| Action | Protection |
|---|---|
| Use ECS | Proper check |
| Keep PVN | Evidence |
| Track expiry | Follow up |
| Comply with restrictions | Shortage jobs only |
Ethical Considerations
Fair Treatment
| Principle | Practice |
|---|---|
| Don't discriminate | Based on status |
| If have permission | Consider them |
| Same process | As others |
Understanding Context
| Factor | Note |
|---|---|
| Waiting for decision | Stressful situation |
| Want to work | May be eager |
| Restrictions | Not their choice |
Record Keeping
What to Keep
| Record | Duration |
|---|---|
| ECS request | Employment + 2 years |
| PVN | Same |
| Follow-up records | Same |
| Role confirmation | Shortage list |
Proving Compliance
| Evidence | Purpose |
|---|---|
| PVN | Statutory excuse |
| Job on shortage list | Compliance |
| Follow-up checks | Ongoing duty |
Summary
Key Rules
| Element | Detail |
|---|---|
| Usually cannot work | Unless permission |
| Permission restricted | Shortage list only |
| Check via ECS | Not share code |
| Keep PVN | Your protection |
For Employers
| Action | Purpose |
|---|---|
| Verify via ECS | Correct process |
| Check shortage list | Role qualifies |
| Note expiry | Follow up |
| Track status | May change |
Related answers
Preventing Illegal Working: Employer's Guide
Civil penalties for illegal working. How to establish a statutory excuse, avoid fines, and handle Home Office enforcement visits.
Right to Work Checks: UK Employer Guide
UK employers must verify every employee's right to work before they start. Learn the 3 methods, required documents, and penalties for non-compliance.
Statutory Excuse for Right to Work
What is a statutory excuse? Understand how to establish and maintain your defence against civil penalties for illegal working.
Frequently Asked Questions
- Can asylum seekers work in the UK?
- Usually not initially. Asylum seekers can only work if their claim has been outstanding for over 12 months (through no fault of their own) and they've been granted permission to work. This is restricted to jobs on the Shortage Occupation List.
- How do I check an asylum seeker's right to work?
- Use the Home Office Employer Checking Service. Asylum seekers cannot generate share codes. The ECS will confirm if they have permission to work. Keep the Positive Verification Notice as your statutory excuse.
- What jobs can asylum seekers with permission do?
- Asylum seekers with permission to work can only work in jobs on the Shortage Occupation List. They cannot take any job they want - it must be a designated shortage occupation, and the permission document will state this restriction.