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Following the introduction of the EU Directive on Reception Standards for Asylum Seekers, asylum seekers may seek permission to work under Immigration Rule 360 if their claim remains outstanding for longer than 12 months without a decision being made on it and providing the reason for the delay cannot be attributable to the asylum seeker.
An asylum seeker granted permission to work is eligible to take employment until the final decision is made on their claim. Asylum seekers may also be permitted to work at the discretion of the Secretary of State in other exceptional circumstances. Their entitlement to work is clearly indicated on the Application Registration Card (ARC).
There is also a decreasing number of asylum seekers who benefit from the former concessionary policy that ended in July 2002 under which an asylum seeker could be granted permission to work if their claim had been outstanding for longer than six months.
How does an asylum seeker demonstrate that he/she is able to work?
After 1st May 2004, any asylum seeker who is able to work must demonstrate this through their Application Registration Card (ARC). This will state on the front and back "Employment Permitted" if they are able to work.
What happens when an asylum applicant is granted leave to enter or remain?
Those asylum seekers who are granted refugee status, Exceptional Leave, Humanitarian Protection or Discretionary Leave by the Home Office may stay and work for the duration of their leave.
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Can asylum seekers volunteer their services?
Asylum seekers are allowed to volunteer, as long as they are carrying out the work on behalf of a charity, voluntary organisation or body that raises funds for either.
Any voluntary activity undertaken should not amount to either employment, or job substitution.
Further information on asylum and refugee status is available online on the Asylum Section of the Border and Immigration Agency website.
For employers please visit The Employer Section of the Border and Immigration Agency website.
You can also contact the Home Office Employers' Helpline on 0845 010 6677.
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