Can You Work While Waiting for Asylum? The Rules

Last updated: 15 October 2026

Photo: Dimitris Avramopoulos, EU Commissioner for Migration, Home Affairs and Citizenship, on the right, meets with Antonio Guterres, United Nations High Commissioner for Refugees, at the United Nations Office, on the left. - Dimitris Avramopoulos

One of the most common questions asylum seekers ask is: "Can I work while I wait for my decision?" The answer depends on the country. In the UK, the rules are strict. In the US, you can apply for a work permit after 180 days. In Canada, work permits are available once the claim is referred. This guide explains the rules for work during asylum in each main country. It covers what you can do, what you cannot do, and what to do while you wait. Working illegally is a serious risk that can destroy your case.[1]

For most asylum seekers, waiting for a decision is hard. The wait can take many months or even years. Money problems are common. Family stress grows. Many people feel useless without work. This asylum guide gives clear, country-by-country rules for 2026. Always check the latest official guidance, as rules can change.

UK Rules: The 12-Month Restriction

In the UK, asylum seekers generally cannot work. This is the main rule. You apply for asylum, you wait for the Home Office decision, and during that wait you have no right to work. The UK government believes work rights would attract more asylum seekers. Many human rights groups disagree, but the rule remains.[2]

There is one exception. If you have waited more than 12 months for a decision, and the delay is not your fault, you can ask permission to work. But there is a catch. You can only apply for jobs on the Immigration Salary List (formerly the Shortage Occupation List). This list is short. It includes jobs like nurses, doctors, civil engineers, and some IT roles. Most asylum seekers do not have the qualifications or UK references for these jobs.

While you wait, the UK gives Section 95 support. This is GBP 49.18 per week per person (2025 rate). It covers food, clothes, and basic needs. If you have housing problems, you may also get Home Office accommodation. The amount is low and many asylum seekers struggle. Children get the same rate, plus extra for babies. To apply, contact Migrant Help. They are the official partner of the Home Office for asylum support.

How to Apply for Permission to Work in the UK

If you have waited more than 12 months for a decision, follow these steps:

1. Write to the Home Office asking for permission to work.
2. Include your reference number, the date of your asylum claim, and a clear request.
3. Explain that you have waited over 12 months and the delay is not your fault.
4. Wait for the Home Office reply. This can take a few weeks.
5. If granted, you can only work in Immigration Salary List jobs.

US Rules: The EAD After 180 Days

The US system is more open. Asylum seekers can apply for an Employment Authorization Document (EAD). This is the official US work permit. You apply by filing Form I-765 with USCIS. You can file 150 days after your asylum application is received. You can start working when USCIS approves the EAD, which usually happens after the 180-day waiting period.[3]

The EAD is valid for two years. You can renew it. Most jobs that ask for an EAD will accept it. With an EAD, you can work in any job, anywhere in the US. There is no shortage list like in the UK. You can also get a Social Security Number, which makes opening a bank account and renting easier.

Processing times for the EAD vary. In 2025, the average processing time is 2 to 5 months after filing. This means many asylum seekers wait 7 to 12 months from the asylum application until they can work. To apply, you need:

• Form I-765 (free for first-time asylum-based EAD applicants since 2024).
• Copy of your asylum receipt notice (Form I-589 receipt).
• Two passport photos.
• Proof of identity (passport, birth certificate, or other ID).

If your asylum case is denied at the asylum office and referred to immigration court, your EAD usually stays valid until the immigration judge makes a final decision. If the judge denies asylum and the case becomes final, your EAD can be terminated.

Canada Rules: Work Permits After Referral

Canada allows asylum seekers (called "refugee claimants") to apply for an open work permit. You can apply once your claim is referred to the Immigration and Refugee Board (IRB). This usually happens within a few weeks of your claim.[4]

The work permit is open. This means you can work for any employer (with some restrictions on jobs working with vulnerable people, where a medical exam may be needed). The permit is usually valid until your hearing or final decision. You can also apply for a Social Insurance Number (SIN). This lets you open a bank account, sign a job contract, and pay taxes.

While you wait for the work permit, you can apply for the Interim Federal Health Program (IFHP). This covers basic medical care. Some provinces also offer social assistance to refugee claimants. The amounts vary. Ontario, for example, gives basic financial support to claimants in need.

Table: Work Rights for Asylum Seekers - UK, US, Canada, EU

The table below compares work rules across the main destination countries in 2026. The rules can change, so always check official sources before you act.[5]

European Union: Reception Conditions Directive

In the EU, the minimum rules come from the Reception Conditions Directive 2013/33/EU. Article 15 requires Member States to give asylum seekers access to the labour market no later than 9 months after they apply, if there is still no first-instance decision and the delay is not the applicant's fault. Member States can set their own conditions for that access. They can also allow work earlier.[5]

Member States shall ensure that applicants have access to the labour market no later than 9 months from the date when the application for international protection was lodged if a first instance decision by the competent authority has not been taken and the delay cannot be attributed to the applicant.
EU Reception Conditions Directive 2013/33/EU, Article 15(1)

The recast Reception Conditions Directive (EU) 2024/1346, part of the EU Pact on Migration and Asylum, shortens this maximum wait to 6 months. Member States must apply the new rules from 12 June 2026, so check whether your country has updated its national law.

Member State practice

National rules vary widely. Italy allows work 60 days after the application. Spain and France allow it after 6 months, and the Netherlands also after 6 months, with a work permit from the employer. Germany uses a graduated system: no work in the first 3 months, then work only with official permission, and people who must live in initial reception centres wait longer. Sweden allows some applicants to work from the start under the AT-UND exemption.

Ireland once banned asylum seekers from working at all. In NHV v Minister for Justice and Equality [2017] IESC 35, the Supreme Court found that an absolute ban with no time limit was unconstitutional. Ireland then opted into the Directive in 2018. The current Irish wait time is shown in the table above.

Volunteering Is Allowed Everywhere

Good news: volunteering is allowed in all the countries above. Volunteering means doing unpaid work for a charity, NGO, religious group, or community organisation. It is not paid employment. It cannot count as work in the legal sense. Many asylum seekers volunteer while they wait. This keeps them busy, gives them new skills, and improves their English (or local language).[6]

Common volunteer roles include:

• Charity shops - sorting clothes, working at the till, helping customers.
• Food banks - packing parcels, sorting donations, stocking shelves.
• Community centres - running events, supporting older people, helping families.
• Refugee organisations - peer support, translation, workshops.
• Religious groups - cleaning, food preparation, child care during services.

One important rule: volunteer expenses (like bus fares or lunch) are allowed. Cash payments are not. If a charity gives you a "thank you" payment, that may count as work. Always check with the charity about their policy. Keep records of your volunteer hours. They show you have been active during the wait, which can help in the asylum interview.

Self-Employment and Education

Self-employment is treated as work in most countries. You cannot be self-employed in the UK without permission to work. In the US, once you have an EAD, you can be self-employed. The same is true in Canada with an open work permit. Always check the specific country rules. Some countries treat self-employment more strictly than employed work.

Education is different. In most countries, asylum seekers can study. In the UK, you can attend college or university courses. Free English classes (ESOL) are available through local councils and charities. School-age children must attend school by law. In the US, asylum seekers can study at any level. Some universities offer scholarships for refugees and asylum seekers. In Canada, education is open to claimants, including free K-12 schooling for children.

Access to the labour market is a key factor in the integration of asylum seekers and refugees. Restrictions on the right to work increase poverty, dependency, and the risk of exploitation in the informal economy.
UNHCR, Note on the Integration of Refugees in the European Union (2024 update)

What to Do While You Wait

The wait for an asylum decision is hard. Many people feel stuck. Here are practical things you can do during this time, even when you cannot work legally.

• Learn the language. Free English classes are widely available. In the US, look for ESL programmes at community colleges and libraries.
• Volunteer. See the section above. It builds skills, friends, and references.
• Study. Free or low-cost online courses on Coursera, edX, and FutureLearn.
• Prepare your asylum case. Gather documents. Write your story. Find country evidence. Read our country reports.
• Look after your health. Register with a GP (UK), find a community health clinic (US), or apply for IFHP (Canada).
• Connect with your community. Find diaspora groups, faith communities, and local refugee charities.
• Find an expert. If your case is complex, ask your lawyer about an expert witness from our directory.

Mental health matters. Many asylum seekers experience anxiety, depression, or PTSD during the wait. Free counselling is available through organisations like Freedom from Torture (UK), Tahirih Justice Center (US), and the Canadian Centre for Victims of Torture. Read more in the human rights section about wellbeing during the asylum process.

Conclusion

Working during asylum is one of the hardest parts of the wait. The rules vary widely. The UK is strict: 12 months wait, then only shortage-list jobs. The US is more open: EAD after 180 days, valid for two years, almost any job. Canada is fastest: open work permit after the IRB referral, often within a few weeks. EU countries are mixed, with rules from immediate access (Sweden) to six months (France). Whatever country you are in, never work illegally. The risk is too high. Use the wait to learn, to volunteer, to study, and to prepare your case. With patience, the right legal advice, and strong evidence, you can come through this difficult period and start a new life with full work rights once your status is granted.

While the claim is pending, the country evidence can be prepared in parallel; to find a country expert for the case, use our expert witness finder.