Focus on Labour Exploitation finds path for asylum seekers to access work in the UK is narrow and obstructed
A detailed report published last month by Focus on Labour Exploitation (FLEX) examines the realities of asylum seekers' restricted right to work in the UK.
The 34-page report can be downloaded here.
As the report notes, asylum seekers in the UK do not have the right to work unless they have been granted permission by the Home Office. Asylum seekers who have been granted permission to work are restricted to jobs on the Immigration Salary List (formerly the Shortage Occupation List) published by the Home Office.
FLEX's report sheds light on the challenges asylum seekers face when applying for permission to work and the risks of exploitation they encounter. Based on interviews with nine asylum seekers and three caseworkers, the report highlights two key stages: the application process and experiences after obtaining work permission. The findings, supported by policy reviews and research, underscore systemic barriers and vulnerabilities within the current system, providing valuable insights for policymakers and support organisations.
Many asylum seekers interviewed for the report were unaware of their right to apply for permission to work when they first sought asylum. The report says that the Home Office often fails to provide this information, leaving individuals reliant on informal networks, such as fellow asylum seekers, community groups, or charitable organisations, to learn about their rights.
Navigating the asylum system is complex, and the lack of affordable or accessible legal aid exacerbates the problem. Asylum seekers struggle to find professional legal advice and guidance, which is vital for understanding their rights and navigating processes like work applications. The report details the limited availability of legal aid-funded immigration lawyers, pro bono services, and charitable organisations registered with the Office of the Immigration Services Commissioner (OISC).
The report further highlights the broader legal advice deserts caused by reductions in legal aid funding following the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012. While asylum cases remain eligible for legal aid, strict means testing and outdated eligibility thresholds exclude many asylum seekers from accessing these services. The scarcity of legal aid lawyers, compounded by unsustainably low legal aid fees, has left many without essential support.
These barriers not only delay or prevent asylum seekers from obtaining permission to work but also increase their vulnerability to exploitation and poverty.
FLEX also details the systemic barriers in the process of applying for permission to work, particularly the requirement for asylum seekers to communicate directly with the Home Office. Applications must be submitted via post or email, a method that interviewees found fraught with challenges.
For many asylum seekers, contacting the Home Office was described as intimidating due to fear of deportation and a lack of understanding of the system. This fear, coupled with a lack of communication from the Home Office, left applicants feeling powerless.
"You know, when you are an asylum seeker, you are always scared of Home Office. You don't want to contact them, you don't want to […] anyway, it's always [that] you keep your distance", one asylum seeker told FLEX.
Caseworkers noted that, aside from an auto-response email acknowledging receipt, asylum seekers are not provided with updates from the Home Office until their application is resolved. One asylum seeker explained: "They don't update you about your application. Every time I emailed them, they didn't answer. I kept waiting and waiting and I chased the Home Office. Every month I emailed, could you please update me about my application. And then, after one or two months, they send one email saying, ‘We receive your emails. And you are in a waiting list. So, you should wait.’ They don’t reply or update you on their own. Every time, you need to chase up with them."
Prolonged waiting periods can further compound the problems faced by asylum seekers applying for work. Even after applying, some reported waiting over a year and a half without resolution. This uncertainty takes a toll on mental health, with interviewees describing severe anxiety and emotional distress caused by the extended delays and inability to work. Asylum seekers interviewed for the report waited 5.5 months on average for a decision granting an application for permission to work.
Asylum seekers also faced significant barriers even after being granted permission to work, particularly regarding the documentation required to prove their right to work. The Home Office provides notification of work permission through a letter that serves as proof of the right to work, but FLEX found that asylum seekers regarded the Application Registration Card (ARC) as their primary proof of employment eligibility. Delays in updating and issuing ARCs had further detrimental effects on asylum seekers looking to be employed, postponing access to work and hindering other critical processes, such as obtaining a National Insurance number.
Based on its findings, FLEX concludes that the path for asylum seekers to access work in the UK is narrow and obstructed, locking asylum seekers out of the UK labour market. The many barriers identified in the report create a hostile and disincentivising environment for asylum seekers to pursue lawful employment, leaving them in a state of limbo with no right to work, unable to use their skills and surviving on asylum support.
Key recommendations made by FLEX in the report include granting asylum seekers and their adult dependants the automatic right to work after six months of waiting, without restrictions on job types. FLEX says the Government should also provide clear, accessible information about the right to work at the point of application in languages asylum seekers understand, detailing procedures and timelines.
Additionally, the report calls for a comprehensive review of legal aid provisions to ensure free, non-means-tested, specialist legal advice is available to all asylum seekers. Measures to protect against labour exploitation are also essential, including secure reporting pathways and separating Labour Market Enforcement from Immigration Enforcement. Finally, FLEX advocates for safe and legal routes for asylum seekers to access protection in the UK and for their claims to be processed promptly, avoiding unnecessary delays. These steps are critical to ensuring fair treatment and reducing vulnerabilities to exploitation.