The Forum's mentoring project

The Forum's mentoring project

Friday 8 March 2013

Permission to Work for Refugees in the UK

Thank you to Transitions for providing us with the following guidelines regarding refugees' rights to work in the UK.  We hope that you will find this information useful.

Refugees do not require a visa.  Refugees have been forced to leave their countries due to a fear of persecution and have been offered protection and resettlement in the UK.  They are able to work in the UK without any restrictions (page 5 of guide below). 

Refugees are not economic migrants and are not subject to the points-based system where migrants are required to meet particular skill and experience levels and employers are given sponsorship duties. 

Refugees are issued by the Home Office with:  
  • An A4 document called an ISD (see below) which clarifies their full permission to work in any job, as well as a National Insurance number. 
The ISD permission to work document has a 5-year lifespan.  They are then entitled to apply for ILR (Indefinite Leave to Remain) and then British citizenship.  During this time, a refugee continues to have the same rights to employment and training as before (page 6 of guide below).
  • From June 2012 the Home Office started to issue some refugees with a Biometric Residence Permit.  
Photographs of these documents can be found in the current 2012 Home Office guidance document: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/ (page 20 of second link document: ‘Comprehensive guidance…’). 

Who is a refugee?

Refugee status is granted to a person who has had a positive decision on their claim for asylum under the 1951 United Nations Convention Relating to the Status of Refugees (the Refugee Convention) and has been granted leave to remain in the UK. 

A refugee is not an ‘asylum seeker.'  Refugees have been granted leave to remain as a refugee in the UK.  Asylum seekers have not.  Asylum seekers may not be employed in the UK.  Refugees may work in any job. 

Guide for employers on employing refugees: http://www.equalityhumanrights.com/uploaded_files/employing_refugees_guide.pdf (produced by the Equality and Human Rights Commission and the Refugee Council).

Here is the text from the 2012 Home Office guidance on employing refugees.  The document includes photographs of the documents that refugees are given, providing them with unrestricted permission to work for 5 years in the UK:
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/ (page 49 of second link document: ‘Comprehensive guidance…’).

REFUGEE STATUS AND HUMANITARIAN PROTECTION 


An asylum seeker whose claim is successful is granted refugee status.  Refugees are foreign nationals or stateless people who we have been allowed to remain in the UK because they have demonstrated a well-founded fear of persecution for one of the reasons listed in the 1951 Geneva Convention.  Humanitarian protection can be granted to those who do not qualify for protection under the 1951 Geneva Convention.  This would be if there is a real risk that if they were removed to their country of origin they would face serious harm.  Refugees and those with humanitarian protection have no restrictions on the type of work they can do, as long as they continue to hold this qualifying status.  These individuals do not have to meet the tests of the points-based system, and you do not need to be a sponsor under this scheme to employ someone of one of these statuses.  We are committed to the integration of refugees and those with humanitarian protection.
                                                                                                                                       

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