Question about Assylum seeker work permission!

[wish_uk]

Dear All,
My friend was overstayed his Student visa, (3 months). He could not pass his Master degree but recieved a Diploma level 7 instead.

He made a call to home office to apply for assylum on 01 May 2023.

He was called for biometrics/screening on 31 May 2023 at Croydon center.

Until then he did not recieve any correspondence from home office regarding Interview.

He is looking to request for work permission.

According to home office website, assylum seekers can apply for work if ther application decision is pending for more than 12 months.

He have following questions.

1- Is he eligible to apply for work if he has been overstayed?
2- if yes, from which date he should count 12 months, 01 May 2023 or 31 May 2023.


In case he get permission. Can he switch to work permit if he get sponsorship from licensed employer.

Thank you for help!

[blondesafari]

Dear All,
My friend was overstayed his Student visa, (3 months). He could not pass his Master degree but recieved a Diploma level 7 instead.

He made a call to home office to apply for assylum on 01 May 2023.

He was called for biometrics/screening on 31 May 2023 at Croydon center.

Until then he did not recieve any correspondence from home office regarding Interview.

He is looking to request for work permission.

According to home office website, assylum seekers can apply for work if ther application decision is pending for more than 12 months.

He have following questions.

1- Is he eligible to apply for work if he has been overstayed?
2- if yes, from which date he should count 12 months, 01 May 2023 or 31 May 2023.


In case he get permission. Can he switch to work permit if he get sponsorship from licensed employer.

Thank you for help!

No he cannot work if he is an overstayer or an asylum seeker.

[wish_uk]

Dear All,
My friend was overstayed his Student visa, (3 months). He could not pass his Master degree but recieved a Diploma level 7 instead.

He made a call to home office to apply for assylum on 01 May 2023.

He was called for biometrics/screening on 31 May 2023 at Croydon center.

Until then he did not recieve any correspondence from home office regarding Interview.

He is looking to request for work permission.

According to home office website, assylum seekers can apply for work if ther application decision is pending for more than 12 months.

He have following questions.

1- Is he eligible to apply for work if he has been overstayed?
2- if yes, from which date he should count 12 months, 01 May 2023 or 31 May 2023.


In case he get permission. Can he switch to work permit if he get sponsorship from licensed employer.

Thank you for help!

No he cannot work if he is an overstayer or an asylum seeker.

Thank you for your reply!
But did you really understand the question?

[wish_uk]

Dear All,
My friend was overstayed his Student visa, (3 months). He could not pass his Master degree but recieved a Diploma level 7 instead.

He made a call to home office to apply for assylum on 01 May 2023.

He was called for biometrics/screening on 31 May 2023 at Croydon center.

Until then he did not recieve any correspondence from home office regarding Interview.

He is looking to request for work permission.

According to home office website, assylum seekers can apply for work if ther application decision is pending for more than 12 months.

He have following questions.

1- Is he eligible to apply for work if he has been overstayed?
2- if yes, from which date he should count 12 months, 01 May 2023 or 31 May 2023.


In case he get permission. Can he switch to work permit if he get sponsorship from licensed employer.

Thank you for help!

No he cannot work if he is an overstayer or an asylum seeker.

Thank you for your reply!
But did you really understand the question?

[Ticktack]

I might be wrong, but pending asylum claim doesn't allow you to work. It just means it's pending. The individual has nothing to work with. What employer would employ anyone without a right to work that can be verified.

Some asylum claims are on for over 5 years, not sure why you think 1 year is long enough for things to be fast tracked.

Also, once your friend gets on that train, he can't switch later to sponsorship visa. That would simply mean that your friend wasn't afraid for their life and was only spinning a yarn to allow him to stay in the UK.

This would be an abuse of the system. It's a system designed to protect from prosecution, not to beat immigration loopholes.

[wish_uk]

I might be wrong, but pending asylum claim doesn't allow you to work. It just means it's pending. The individual has nothing to work with. What employer would employ anyone without a right to work that can be verified.

Some asylum claims are on for over 5 years, not sure why you think 1 year is long enough for things to be fast tracked.

Also, once your friend gets on that train, he can't switch later to sponsorship visa. That would simply mean that your friend wasn't afraid for their life and was only spinning a yarn to allow him to stay in the UK.

This would be an abuse of the system. It's a system designed to protect from prosecution, not to beat immigration loopholes.

https://www.gov.uk/government/publicati ... accessible

Please see this link!
There is clearly stated that pendinng or failed assylum seeker can apply for permission to work!

[Ticktack]

I might be wrong, but pending asylum claim doesn't allow you to work. It just means it's pending. The individual has nothing to work with. What employer would employ anyone without a right to work that can be verified.

Some asylum claims are on for over 5 years, not sure why you think 1 year is long enough for things to be fast tracked.

Also, once your friend gets on that train, he can't switch later to sponsorship visa. That would simply mean that your friend wasn't afraid for their life and was only spinning a yarn to allow him to stay in the UK.

This would be an abuse of the system. It's a system designed to protect from prosecution, not to beat immigration loopholes.

https://www.gov.uk/government/publicati ... accessible

Please see this link!
There is clearly stated that pendinng or failed assylum seeker can apply for permission to work!

Under this policy, those who are granted permission to work and have submitted an application on or before 3 April 2024 are restricted to jobs on the Shortage Occupation List published by the Home Office. Any applications submitted on or after 4 April 2024, who are granted, are restricted to jobs on the Immigration Salary List. Any permission to work granted will come to an end if their claim is refused and any appeals rights are exhausted because at that point, they are expected to leave the UK. Those who are granted leave have unrestricted access to the labour market.

Is he applying for work under any of these categories? Also, don't forget that it isn't a guarantee.

Those who claim asylum in the UK are not normally allowed to work whilst their claim is being considered. They are instead provided with accommodation and support to meet their essential living needs if they would otherwise be destitute.

So if you guys have if all figured out, then by all means go for it. Good luck!!

[wish_uk]

Dear,
If some know about, what is asylum claim date is considered. Is it when we call them or the day of biometrics.

Thanks

[Frontier Mole]

It is the date of initial claim - so the date they contacted the Home Office.

As for a switch to skilled worker visa, likely to be refused due to the period of overstay prior to asylum claim.