Can Refugees or Asylum Seekers Work in the UK?

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Refugees and asylum seekers in the UK have different rights to work, based on their legal status. While refugees are generally permitted to work without restriction, asylum seekers face limitations unless granted permission by the Home Office.

Refugees are those whose asylum applications have been approved. They have been formally recognised as needing protection under the Refugee Convention. Once granted refugee status, individuals are given full rights to work in the UK, without restriction. They are treated similarly to UK nationals in terms of employment rights, including access to the labour market (provided standard right to work checks are completed) and self-employment.

Asylum seekers are individuals who have applied for protection in the UK but are still waiting for a decision. They do not have an automatic right to work and are not normally allowed to work while their claim is being processed. They can apply for permission to work only if they have been waiting more than 12 months for an initial decision, and the delay is not caused by their own actions.

If permission is granted, they are restricted to jobs on the Immigration Salary List (a list of shortage occupations). Self-employment is not allowed. Many asylum seekers remain without the right to work throughout the decision-making process.

For employers, this distinction can present immigration compliance risks. It would be incorrect to assume that asylum seekers have the same rights as refugees, and right to work checks must be carried out to confirm a person’s immigration status and any restrictions attached to it.

Employers must be cautious when considering candidates whose immigration status is uncertain. Employing someone without the right to work can result in civil penalties, reputational harm and, in some cases, criminal liability.

 

Can asylum seekers work in the UK?

 

Asylum seekers in the UK are generally not allowed to work while their claim is being processed. However, those who have been waiting more than 12 months for an initial decision on their asylum application, through no fault of their own, may apply to the Home Office for permission to work. If granted, they are only allowed to take up roles listed on the Immigration Salary List, which includes specific skilled shortage occupations. Self-employment is not permitted under these provisions.

For UK employers, the rules around employing asylum seekers are tightly controlled and carry significant compliance risks. Employers must ensure they do not employ someone without the right to work, as doing so can lead to enforcement action, and possible licence issues if they are a registered sponsor.

Even if an individual presents identity documents, employers must carry out right to work checks and confirm the terms of any permission to work granted by the Home Office. Many asylum seekers do not have this permission and remain subject to reporting and accommodation conditions.

Employers should also be aware that many asylum seekers engage in volunteering while waiting for a decision on their claim. Volunteering is allowed under certain conditions and can provide valuable experience, but it must not amount to unpaid work or substitute for a paid position.

Employers interested in supporting refugees should be aware that different rules apply once an individual has received refugee status, at which point they have unrestricted access to employment in the UK.

 

Can refugees work in the UK?

 

Once they have been formally granted refugee status under the 1951 Refugee Convention, refugees can live and work in the UK without restriction, typically for an initial period of five years. Refugee status is usually awarded after an individual has successfully applied for asylum and demonstrated a well-founded fear of persecution in their country of origin. Refugees have the right to take up employment, be self-employed or engage in vocational training, just like any British citizen or settled individual.

Employers do not need to sponsor refugees or apply for a visa on their behalf. However, they must still carry out the usual right to work checks. In most cases, employers should use the Home Office’s online right to work checking service if the refugee provides a share code.

Once employed, refugees are entitled to the same workplace rights and protections as any other worker in the UK, such as access to the National Minimum Wage, paid holiday, sick pay and protection from discrimination.

 

Hiring refugees in the UK: guide for employers

 

Before hiring a refugee (as with all new employees), employers must carry out a standard right to work check.

Refugees granted status after 31 October 2024 will not receive a BRP. Instead, the Home Office will create a UK Visas and Immigration (UKVI) account and eVisa for them within 14 days of their asylum claim being approved . The eVisa is an online record of their immigration status, allowing them to prove their right to work, rent and access services in the UK.

To access their eVisa, individuals must create a UKVI account, confirm their identity, and link their account to their eVisa. This process enables them to view and share their immigration status online, including generating share codes for employers. The employer then uses the share code on the Home Office online checking system to verify the individual’s status.
BRPs can still be used for certain purposes, such as proving immigration status, until 1 June 2025.

Refugees are protected under the Equality Act 2010. Employers must treat refugee applicants fairly and lawfully throughout the recruitment process. Decisions should be based on merit and eligibility, not immigration background. Any practice that unfairly excludes refugee applicants with the right to work may amount to unlawful discrimination.

Once employed, refugees are entitled to the same statutory employment rights as any other worker in the UK. Employers must provide a written statement of employment and ensure that the terms and conditions meet legal requirements.

Some refugees may face barriers to employment, including limited English language skills or unfamiliarity with UK recruitment processes. Employers can support refugee workers by offering language support, training or mentoring opportunities. Partnering with community organisations and refugee support services can also improve access to suitable candidates and enhance retention.

There are also structured recruitment programmes for employers who wish to engage with skilled refugees. Programmes such as the Displaced Talent Mobility Pilot and Talent Beyond Boundaries link employers with individuals overseas who have the qualifications and experience to fill roles in the UK. Although refugees already living in the UK do not require visa sponsorship, employers considering recruitment from outside the country must ensure that appropriate visa routes are followed.

There is no requirement for a sponsor licence to employ a refugee who has been granted status in the UK. However, employers must remain compliant with right to work legislation and should monitor visa expiry dates, especially when an individual approaches the point of applying for Indefinite Leave to Remain.

Hiring refugees is legal and encouraged as part of broader efforts to support inclusion and meet workforce needs. Employers must ensure they understand the legal framework around employment rights and right to work checks, and take a fair and consistent approach when recruiting individuals who have been granted refugee status.

 

Hiring asylum seekers in the UK: guide for employers

 

Employers must be cautious when considering the employment of individuals who are seeking asylum. Permission to work is not automatic and must be confirmed directly by the Home Office. Employers must carry out a valid right to work check and ensure that any permission to work is still valid at the point of employment. If an asylum seeker does not have permission to work, employing them may result in civil penalties and, in serious cases, criminal sanctions.

Even where permission has been granted, employers must ensure that the role offered appears on the Immigration Salary List and that they are not offering work that falls outside the permitted categories. Employers must retain evidence of the individual’s right to work and remain alert to expiry dates or any conditions attached.

There are no separate employment rights for asylum seekers. Where permission to work has been granted, asylum seekers are entitled to the same terms and protections as any other employee. Employers must ensure compliance with employment law in terms of pay, hours and working conditions.

 

Refugees & asylum seekers in the UK gig economy

 

In the United Kingdom, the participation of refugees and asylum seekers in the gig economy is governed by specific legal frameworks that distinguish between these two groups.

Individuals granted refugee status in the UK have full legal rights to work, including self-employment. This means they can engage in gig economy roles such as driving for ride-hailing services, delivering food, or freelancing, provided they meet the standard requirements set by the respective platforms. Employers and platforms must conduct standard right to work checks, verifying the individual’s refugee status and right to work.

Asylum seekers are generally prohibited from working in the UK. However, if an asylum seeker has been waiting for a decision for over 12 months, and the delay is not due to their own actions, they may apply for permission to work. If granted, their employment is restricted to roles listed on the Immigration Salary List, which includes specific skilled occupations.

It’s important to note that self-employment is not permitted for asylum seekers, even if they have been granted permission to work. This restriction means that roles classified as self-employed, such as driving for Uber, are not legally accessible to asylum seekers. Uber requires its drivers to hold a valid private hire licence, which involves meeting specific eligibility criteria, including the right to work in the UK. As asylum seekers without the right to work do not meet these criteria, they are ineligible to obtain such licences.

While there have been reports of individuals circumventing these restrictions by using rented or shared accounts to work for ride-sharing or delivery services, such practices are illegal and can lead to serious consequences, including legal action and the potential impact on one’s asylum claim.

Employers and gig economy platforms are legally obligated to ensure that all individuals they engage have the right to work in the UK. Failure to conduct appropriate right to work checks can result in significant penalties, including fines up to £60,000 per illegal worker, business closures and potential criminal charges. Government proposals are set to extend these obligations to include gig economy and zero-hours contract workers, requiring businesses to verify the employment eligibility of all individuals working under their name, regardless of employment status.

 

Future changes

 

The Government’s May 2025 immigration white paper does not propose any change to the current rules restricting asylum seekers from working while their claims are under consideration. The policy remains that asylum seekers can only apply for permission to work after 12 months of waiting for an initial decision, and only if the delay is not their fault. Even when permission is granted, they may only work in roles listed on the Immigration Salary List, and self-employment is not permitted.

However, the white paper does introduce a proposal focused on refugees and displaced people overseas, rather than those already in the UK seeking asylum. In paragraph 83, the Government states:

Drawing from the experience of the Displaced Talent Programme, we will explore reforms to allow a limited pool of UNHCR recognised refugees and displaced people living overseas to apply for employment through our existing sponsored worker routes where they have the skills to do so.

This reflects an intention to create a new, controlled route for skilled refugees based outside the UK to enter through established work visa channels, such as the Skilled Worker route, where they meet the criteria. It does not alter the position of asylum seekers within the UK.

Employers should be aware that these reforms relate to managed overseas recruitment and are separate from domestic asylum policy. There is no proposal in the white paper to expand asylum seekers’ access to employment in the UK while they await a decision.

 

Need assistance?

 

To discuss your organisation’s compliance with the right to work regime, speak to our UK immigration specialists.

 

FAQs

 

What is the difference between a refugee and an asylum seeker?

A refugee is someone who has been granted protection under UK asylum rules after proving a well-founded fear of persecution. An asylum seeker is someone who has applied for that protection and is waiting for a decision.

 

Can refugees work in the UK?

Refugees have full permission to work in the UK. They may take up employment, be self-employed, or enter training without restrictions, subject to standard right to work checks.

 

Can asylum seekers work while their claim is being decided?

No, not usually. Asylum seekers are not allowed to work unless they have been waiting more than 12 months for an initial decision, and the delay is not considered to be their fault.

 

What types of jobs can asylum seekers do if they are granted permission to work?

Only roles listed on the Immigration Salary List are permitted. These include some health, engineering, and teaching roles. Self-employment is not allowed.

 

Can an asylum seeker work in the gig economy?

Even with permission to work, asylum seekers are restricted to specific employment and may not take up self-employed or gig economy work such as food delivery or ride-hailing.

 

Do refugees need sponsorship to work in the UK?

Refugees who have been granted status do not require visa sponsorship. Employers must still carry out right to work checks using the appropriate documents.

 

Is volunteering allowed for asylum seekers?

Asylum seekers may volunteer for charities and public bodies, provided the work is unpaid and does not replace a paid position.

 

What are the risks for employers who hire someone without the right to work?

Employing someone without permission to work can result in civil penalties, fines of up to £60,000 per illegal worker, and possible criminal prosecution. Employers must carry out and retain evidence of valid right to work checks.

 

Can employers use the Home Office online check for refugees or asylum seekers?

Where a person holds a Biometric Residence Permit or has digital status, a share code can be used for the Home Office online right to work check.

 

Do refugees have the same employment rights as British workers?

Refugees are entitled to the same employment rights as any other employee in the UK, including the National Minimum Wage, paid leave, and protection from discrimination.

 

Glossary

 

Term Definition
Asylum Seeker An individual who has applied for protection in the UK and is awaiting a decision on their asylum claim.
Refugee A person who has been granted asylum in the UK after proving they face persecution in their home country.
Right to Work Check A legal check employers must carry out to confirm that a person is allowed to work in the UK.
Immigration Salary List A list of occupations in short supply in the UK. Asylum seekers granted permission to work may only work in these roles.
Biometric Residence Permit (BRP) An identity document issued to migrants in the UK which includes details of immigration status and right to work.
Self-employment Work carried out independently, not under a contract of employment. Asylum seekers are not permitted to be self-employed.
Home Office The UK government department responsible for immigration, security, and law and order.
Volunteering Unpaid work, usually for a charity or public body. Permitted for asylum seekers under certain conditions.
Sponsorship A process where an employer holds a sponsor licence to employ a foreign worker under the UK’s immigration rules. Refugees do not require sponsorship.
Share Code A digital code provided by a worker that allows employers to verify right to work status online through the Home Office system.

 
 
 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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