Permision to work

November 10, 2007

NASS Policy has advised that applications for work permission under the EU Directive must be made to

the IND Asylum Casework Directorate. Only the main asylum applicant can request permission to work

which will be considered by an asylum caseworker. The Directive (and the Immigration Rules) state that

permission to work can be denied if the delay in dealing with the asylum claim can be attributed to the

claimant, only the asylum caseworker can determine this. There is no one IND department dealing with

requests for permission to work. Those wishing to seek permission should write to IND Asylum Casework

Directorate quoting their HO reference number.

You can apply for permission to work if:

􀂃 you waited more than 12 months for an initial decision by the Home Office on your asylum claim

􀂃 the delay in the Home Office’s decision was not your fault

􀂃 your claim for asylum is ongoing, even if it is now at the appeal stage

Applications should be made by post to the Asylum Casework Directorate at the following address: Lunar

House, 40 Wellesley Road, Croydon, Surrey, CR9 2BY

In the letter you must state:

􀂃 your Home Office reference number

􀂃 that you are requesting permission to work on the basis that your application for asylum is or was

outstanding for over 12 months without a decision

If successful, the asylum casework team dealing with your claim will respond in writing confirming that

you have permission to work. They will also give details of where to go for a new Application

Registration Card (ARC). Your ARC will need to be changed so as to show that employment is permitted.

If you have permission to work but do not have a National Insurance Number (NINO), then you should

call 0845 6000643 to a contact centre. They will check your basic conditions and make an

appointment to attend a Jobcentre for an evidence of identity interview. Following this you will receive

your NINO. If it is difficult for you to travel to the Jobcentre, then they should consider offices closer to

where you live. If you are in work and your employer has issued you with a temporary NINO, then you

should call the above number as well.

1 from correspondence with Director’s Office, NASS (7.4.06) and Refugee Product Adviser,

Special Groups and Initiatives Team, Jobcentre Plus (23.5.06)

Other Refugee Council publications are available at www.refugeecouncil.org.uk

Asylum seekers permitted to work under the Directive retain this right until a final decision is made on

their claim and this includes time spent awaiting an appeal. A person applying for permission to work

prior to getting a negative decision will still be given permission to work (if the reason for the delay is

not attributable to them).

Entry Filed under: Refugee. Tags: .

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