Failed Asylum Seekers Might Be Entitled To Reapply For Work

29 Jul 2010


On 28th July 2010, the Supreme Court in UK ruled that Article 11 of the EU Reception Conditions Directive should apply in some circumstances to failed asylum seekers who have exhausted their appeal rights.  That is, failed asylum seekers further submissions asserting as fresh claims for asylum which have been outstanding for 12 months or more will now be entitled to apply for permission to work.

This detail of the judgment is under consideration and an announcement on how the government intends to change current rules has to be made. This announcement will include details of the restrictions on permission to work which will be applied.

In light of the judgement, the UK Border Agency is aware that there are significant numbers of failed asylum seekers who may consider themselves entitled to apply for permission to work.

UK Border Agency will not process any permission to work applications from failed asylum seekers whose further submissions have been outstanding for more than 12 months until further announcement. This is done in order to ensure good administration of those applications, fair processes and the effective implementation of the judgment.


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