Permission to Work for Asylum Applicants and Fresh Claimants (Cm 7929)

Policy effect

Amended Part 11 of the Immigration Rules regarding permission to work for asylum seekers whose initial applications remain undecided after 12 months, and extended access to apply for work permission to failed asylum seekers who lodged fresh representations outstanding for over 12 months, restricted to jobs on the shortage occupation list.

Conditions and exceptions

Validated condition or limit: Amended Part 11 of the Immigration Rules regarding permission to work for asylum seekers whose initial applications remain undecided after 12 months, and extended access to apply for work permission to failed asylum seekers who lodged fresh representations outstanding for over 12 months, restricted to jobs on the shortage occupation list.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

The changes set out in paragraph 1 in this Statement shall take effect on 9 September 2010. … 360 An asylum applicant may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within one year of the date on which it was recorded. … 360C Where an individual makes further submissions which raise asylum grounds and which fall to be considered under paragraph 353 of these Rules, that individual may apply to the Secretary of State for permission to take up employment if a decision pursuant to paragaph 353 of these Rules has not been taken on the further submissions within one year of the date on which they were recorded. … 360A If permission to take up employment is granted under paragraph 360, that permission will be subject to the following restrictions: (i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included on the list of shortage occupations published by the United Kingdom Border Agency (as that list is amended from time to time); (ii) no work in a self-employed capacity; and (iii) no engagement in setting up a business. … 360D If permission to take up employment is granted under paragraph 360C, that permission will be subject to the following restrictions: (i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included on the list of shortage occupations published by the United Kingdom Border Agency (as that list is amended from time to time); (ii) no work in a self-employed capacity; and (iii) no engagement in setting up a business. … The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant. … The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision pursuant to paragraph 353 of these Rules cannot be attributed to the individual. … These changes do not apply to an asylum applicant who has permission to take up employment as at 8 September 2010. These changes do not apply to an asylum applicant to whom paragraphs 360 and 360A of these rules changes would otherwise apply but who has applied for permission to take up employment prior to 9 September 2010 …

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

Other United Kingdom changes operative in 2010

• 2010-01-13Borders, Citizenship and Immigration Act 2009
• 2010-03-03Employment restricted for dependants of specified Tier 4 students
• 2010-03-03Minimum course duration introduced for Tier 4 family applications
• 2010-03-03Term-time work limit reduced for specified Tier 4 students
• 2010-04-06Asylum-interview record signature requirement removed
• 2010-04-06Consent safeguards added for sponsored workers under 18
• 2010-04-06Earlier qualifying grants recognised for specified Tier 1 English-language criteria
• 2010-04-06Higher duration limit for older Tier 4 Child students
• 2010-04-06ICT Graduate Trainee sub-category introduced
• 2010-04-06ICT Skills Transfer sub-category introduced
• 2010-04-06Lower partner-visa age threshold for serving HM Forces
• 2010-04-06Monaco added to the Youth Mobility Scheme
• 2010-04-06Sponsored researchers permitted to switch from qualifying work permits into Tier 5
• 2010-07-19Interim Limits on Tier 2 (General) Certificates of Sponsorship (HC 96)
• 2010-11-29Statement of Changes in Immigration Rules (Cm 7944) - English Language Requirement for Partners
• 2010-12-21Tier 2 General interim certificate allocation specified in the Immigration Rules
• 2010-12-23Tier 1 General closed to new entry-clearance applications