Failed asylum seekers and applications for permission to work

This page explains our current position on applications for permission to work by failed asylum seekers who have had further submissions outstanding for a year or more.

In July 2010, the Supreme Court ruled that Article 11 of the European Union's Reception Conditions Directive should apply in some circumstances to failed asylum seekers who have exhausted their appeal rights. Specifically, this means that failed asylum seekers will now be entitled to apply for permission to work if:

• they have made further submissions asserting that they have a fresh claim for asylum; and
• those further submissions have been outstanding for 12 months or more.

The government is currently considering the detail of the judgment, and an announcement setting out how the government intends to change the current rules will be made as soon as possible.

Article 11(2) of the Reception Conditions Directive enables European Union member states to impose conditions on access to the labour market, and the announcement will include details of the restrictions on permission to work that will be imposed.

We are aware that significant numbers of failed asylum seekers may consider themselves entitled to apply for permission to work in light of the judgment. To ensure good administration of those applications, fair processes and the effective implementation of the judgment, we will not process any applications for permission to work from failed asylum seekers whose further submissions have been outstanding for more than 12 months until the announcement has been made.