Rights and entitlements of refugees and asylum seekers in the UK

The UK Government website has a published guide for new refugees that can be found here.

Citizens Advice’s website has a useful explanation of what you should expect after you get refugee status—that can be found here.

Refugees have a right to apply for welfare in the UK, in line with nationals in the country. More information can be found here.

If you are a refugee, you will be able to work in the UK without any restrictions. You will just need your National Insurance number – this is a unique set of letters and numbers that is printed on your Biometric Resident Permit card. More information can be found here in Chapter 4.

If you are an asylum seeker that has a claim pending or if even if you have been refused asylum, you may be eligible for asylum support.

The three main types of support available are: section 95, section 98 and section 4 support. With this support, you may be eligible for housing and financial assistance, or both. You are eligible for section 95 support if you are an asylum seeker with a pending asylum claim and you are over 18 years old and you pass the destitution test. A person is ‘destitute’ if they do not have adequate accommodation or enough money to meet living expenses for themselves and any dependants now or within the next 14 days.

For more information, please refer to the Asylum Support Appeals Project (ASAP) Factsheet on Section 95 Support.

Section 98 is temporary support that is provided to asylum seekers who appear to be destitute and who have applied for section 95 support but are awaiting a decision.

For more information, please refer to the ASAP Factsheet on Section 98 Support.

Section 4 support is available for refused asylum seekers that meet a certain set of criteria in addition to passing the destitution test.

For more information on the eligibility criteria and the process for this support, please refer to the ASAP Factsheet on Section 4 Support.

More information on Asylum Support can be found through the UK Government website here.

The majority of asylum-seekers do not have the right to work in the United Kingdom. However, the immigration rules allow for people seeking asylum to request permission to work if you have been waiting for more than 12 months on your asylum claim “through no fault of your own”. This may be 12 months after initially claiming asylum, or 12 months after submitting further submissions to be considered as a fresh claim. Those who are granted permission to work and have submitted an application on or before 3 April 2024 are restricted to jobs on the Shortage Occupation List. Any applications submitted on or after 4 April 2024, who are granted, are restricted to jobs on the Immigration Salary List.

The Migration Justice Project at the Law Centre NI has drafted a guide to help people seeking asylum understand how and whether they can apply for permission to work while their claim is pending. The guide is available in a number of languages: English, Tigrinya, Somali, Farsi, and Arabic.

Asylum seekers can however volunteer whilst their claim is being considered. Volunteering involves spending time, unpaid, doing something that aims to benefit the environment or someone (individuals or groups) other than, or in addition to, close relatives.

If you have a BRP that expires on 31 December 2024, you will need to create a UK Visas and Immigration (UKVI) account to access your eVisa. You should do this before your BRP expires. The immigration status and conditions attached to your current permission to stay will remain the same.

You can register for an eVisa on the UK Government website: https://www.gov.uk/get-access-evisa. The Home Office has created a step-by-step guide and a video of the process to guide you through this process. 

Please note that children will need their own UKVI account. A parent or guardian can set-up eVisa access for their child. You can read more about creating a UKVI account for a child.

Keep your expired BRP card as it may help with future applications to stay in the UK. You may also want it for your personal records. You can continue to use your BRP to prove your immigration status until it expires.

If you do not have a BRP, because you received a positive asylum decision or was accepted to come to the UK under family reunion after the 31 October 2024, for example, the Home Office will create your UKVI account. You can then use this to access your eVisa online. You will be notified by email or letter with instructions on how to access it.

People who are seeking asylum have Asylum Registration Cards (ARC), and there are plans for these also to be transferred to digital format. However, at the time of writing, people who are seeking asylum are not able to make a UVKI account. 

If you are experiencing any issues with your eVisa or your UKVI account, you can get help via:

• The Resolution Centre, where support can be accessed through the webchat function at www.gov.uk/eVisa.
• Anyone who does not have internet access or does not have access to a device like a computer, laptop or smart phone, can get help through the Assisted Digital service:
• Email: [email protected]
• Text ‘VISA’ and a number to call you to 07537 416 944
• Telephone: 03333 445 675 Monday to Friday between 9am-6pm
• If there is an error with your eVisa, such as with your name, photograph or an incorrect status, you can report it and request the error be corrected via the following online service: Report an error with your eVisa – GOV.UK

In addition, you can find a list of organisations who can support you with creating a UKVI account and eVisa at List of organisations – GOV.UK.

Before travelling outside of the UK, you should create your eVisa and link it to your travel document. Make sure that your eVisa is correct before your travel. The UK Government have published further guidance and a video on this.

When you travel internationally, you will also need to continue to carry your BRP until it expires.