The Scottish rule change that would be a game changer for asylum seekers

The Home Office has been urged to back at Scottish Government pilot to lift restrictions on asylum seekers’ right to work.

SNP ministers have called on the UK government to lift rules on allowing asylum seekers to work in parts of Scotland in a pilot scheme.

The Scottish Government's equalities minister, Kaukab Stewart, has penned a letter to the Home Office, asking for Westminster to allow a trial for asylum seekers to work after six months of arrival reduced from 12 months. She will also request for restrictions around the specific jobs that can be undertaken lifted.

Asylum seekers could have work restrictions relaxed under a Scottish Government pilot scheme Credit: Getty Imagesplaceholder image
Asylum seekers could have work restrictions relaxed under a Scottish Government pilot scheme Credit: Getty Images | Getty Images

As well as allowing asylum seekers to begin rebuilding their lives, it is estimated allowing asylum seekers to work after six months could add £15 million a year to the Scottish economy.

Currently, those who have been waiting a year for their asylum application to be determined can apply to work in specified jobs such as social carers, manual labour and other skilled trades.

As a general rule, asylum seekers are not able to work and receive as little as £1.36 a day while they are awaiting their applications to be considered - many living in hotels, with others falling into destitution once their claims are determined.

The Scottish Government has a long-standing position of backing asylum seekers having the right to work. Until 2002, asylum seekers could apply for permission to work if they had been waiting for six months, but this was scrapped by former prime minister Tony Blair. In 2005, a right to apply to work after 12 months was agreed to comply with EU law - with the Conservative-LibDem coalition restricting that right to the list of 23 jobs in 2010.

Under the plans, Ms Stewart has drawn up what she described as “a proportionate pilot scheme to first test our overarching policy ambition”.

Kaukab Stewart is the first woman of colour to be elected as an MSP (Picture: Jane Barlow/PA Wire)placeholder image
Kaukab Stewart is the first woman of colour to be elected as an MSP (Picture: Jane Barlow/PA Wire)

The pilot would include “a range of smaller geographical areas within Scotland which contain populations of people seeking asylum”, including “at least one urban and one rural setting”, with Glasgow earmarked for its relatively high number of asylum seekers.

The proposal also states those who participate in the pilot “should retain their right to work until they receive a decision on their asylum claim”.

In 2022, then Labour shadow immigration minister Stephen Kinnock said “asylum seekers should be able to work after six months”, but the policy was not included in Sir Keir Starmer’s 2024 manifesto.

Ms Stewart said: “We believe that giving people seeking asylum the right to work from an earlier point can have a positive impact on them, their families and our communities. This means that following a positive decision they will be better equipped to support themselves and their families.

“These measures would also enable asylum seekers to integrate more quickly, making a positive contribution to our workforce and economy by reducing the cost and demand on our public services. We ask that the Home Office engages with us to take forward this pilot proposal, in collaboration with our partners.”

Scottish Refugee Council chief executive Sabir Zazai said: “People seeking asylum are currently left to live on as little as £1.36 per day, struggling to support themselves and their families, while the UK wastes the skills and professional experience of thousands of people who want to work, but are currently banned from doing so.

“Extending the right to work benefits everyone. We hope both governments take this opportunity to work together to help people seeking protection and the local communities where they are rebuilding their lives.”

The Home Office has been approached for comment.

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