Can You Work While Waiting for Asylum? The Rules

Last updated: 5 October 2026

Photo: United Nations - eGuide Travel

Whether you can work while your asylum claim is pending is one of the most-asked questions by applicants. The answer depends entirely on the country where the claim is made and how long the claim has been pending. Furthermore, the rules vary widely: the UK applies highly restrictive rules with a 12-month wait; the US requires a 150-day wait before applying for work authorisation; Canada allows work authorisation within months; Germany applies a graduated system; Australia has variable rules; Ireland operates a 6-month waiting period. As a result, asylum applicants must understand their specific country's rules — and the implications of unauthorised work, which can damage their claim. This guide explains the rules in each major jurisdiction.[1]

United Kingdom: Highly Restrictive

UK rules on work during asylum are among the most restrictive in Europe. Under Immigration Rules paragraph 360-360C, an asylum seeker may apply for permission to work only if: their claim has been pending for at least 12 months; the delay is not attributable to the applicant; the work is in an occupation on the Immigration Salary List (formerly Shortage Occupation List). Furthermore, even where permission is granted, it is limited to specific occupations. As a result, in practice, very few UK asylum seekers obtain work permission. Therefore, most must rely on £49.18 per week in asylum support (as of 2025-2026 rates) plus accommodation if eligible.[2]

Criticism and reform proposals

The UK rules have been criticised by employers, charities, and parliamentary committees. The "Lift the Ban" campaign — supported by over 250 organisations including the CBI — has called for asylum seekers to be allowed to work after 6 months. Furthermore, a 2021 cross-party parliamentary report found that allowing asylum seekers to work would benefit the economy and improve integration. However, successive governments have maintained the restrictive policy. As a result, the policy remains a subject of ongoing political debate. Therefore, applicants should monitor potential changes through legal representatives.[3]

United States: 150-Day EAD Rule

In the United States, asylum applicants may apply for an Employment Authorization Document (EAD) — work permit — 150 days after filing their asylum application (Form I-589), provided no decision has been made within that period. Furthermore, the EAD is initially valid for 2 years and renewable. The work permit allows the applicant to work for any employer in the US. As a result, US rules are more generous than UK rules but require a substantial waiting period. Therefore, applicants should file Form I-765 (EAD application) on day 150 — not later — to begin the processing.[4]

Canada: Among the Most Generous

Canada's rules are among the most generous. Asylum seekers in Canada may apply for an open work permit shortly after their refugee claim is referred to the Immigration and Refugee Board (IRB). Furthermore, the work permit is open — meaning the applicant can work for any employer in any occupation (except specific restricted categories). Processing typically takes 3-4 months. As a result, the vast majority of Canadian asylum applicants are able to work while their claim is pending. Therefore, Canada combines a relatively generous welfare system with strong access to the labour market.[5]

European Union: Reception Conditions Directive

EU rules are set by the Reception Conditions Directive (RCD, 2013/33/EU). Article 15 of the RCD provides that Member States must give asylum seekers access to the labour market no later than 9 months after the application is made, where no first-instance decision has been issued. Furthermore, Member States may apply national rules on access to the labour market. As a result, different Member States have set the waiting period at different durations: Germany 3-9 months; Italy 60 days; Sweden essentially immediately (through AT-UND); Spain 6 months. Therefore, the EU's minimum standard is 9 months, with Member States free to permit earlier access.[6]

"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 has not been taken."EU Reception Conditions Directive 2013/33/EU, Article 15(1)

Specific Member State practices

Germany operates a graduated system: prohibition during the first 3 months in reception centres; subject to labour market check from months 3-15; free access thereafter. France permits work after 6 months. Ireland requires 6 months; before 2018, Ireland uniquely prohibited asylum seekers from working entirely, until the Supreme Court struck down the ban in NHV v Minister for Justice [2017]. Sweden allows work from day 1 under the AT-UND exception. Furthermore, the Common European Asylum System (CEAS) reforms in 2024 may harmonise some elements. As a result, EU practice is still diverse despite the RCD minimum.[7]

Australia: Bridging Visa-Dependent

In Australia, asylum seekers' work rights depend on the type of bridging visa they hold while their claim is processed. Bridging visa "A" with work rights allows employment. However, many "boat arrival" asylum seekers (post-2012) have been on bridging visas without work rights. Furthermore, the Government's "Final Departure Bridging Visa" introduced in 2018 specifically excluded work rights. As a result, many Australian asylum seekers cannot work — generating poverty, homelessness, and dependence on charity. Therefore, the Australian system has been criticised by the UN and NGOs.[8]

Voluntary Work and Volunteering

Voluntary unpaid work is permitted in most jurisdictions even where paid work is not. The UK Home Office guidance specifically permits asylum seekers to volunteer with registered charities and community organisations. Furthermore, volunteering can: provide skills development; demonstrate good character; build community connections; provide references for future employment. As a result, asylum seekers without work rights often volunteer extensively. Therefore, organisations such as Refugee Action, the British Red Cross, and many local charities welcome asylum seeker volunteers.[9]

After the Grant: Refugee Status and Work

Once refugee status or subsidiary protection is granted, the applicant has full work rights in the host country. In the UK, refugees receive a 5-year leave to remain with full work rights. In the US, asylum grantees receive work authorisation automatically and can apply for green cards after 1 year. In Canada, refugees receive permanent residence. In the EU, recognised refugees receive at least 3-year residence with work rights. Furthermore, recognised refugees typically have full access to public services. As a result, the grant of refugee status transforms the applicant's economic situation. Therefore, the waiting period for status determination effectively determines the period of economic precarity.[10]

Conclusion: Country-Specific Rules, Universal Principle

Work during asylum varies dramatically by country — from generous Canadian rules to restrictive UK rules to bridging visa-dependent Australian rules. Furthermore, the EU's 9-month minimum applies across Member States but is implemented differently. As a result, asylum applicants must understand their specific country's rules and act within them. Therefore, the universal principle is: never work without authorisation; volunteer where possible; and seek refugee status as quickly as the process allows to unlock full work rights.