UK asylum work permission: the October guidance update, the one-year threshold and an important wording conflict

The update concerns an application, not automatic permission

On 19 October 2026 the Home Office updated the eligibility section of its asylum-work guidance and published a new PTW1 form. A person whose claim has been pending for a long time still needs to establish the conditions for permission; passage of time alone does not authorise employment.

The current Immigration Rules, paragraphs 360 and 360C distinguish an undecided initial asylum claim from qualifying further submissions. They use a one-year threshold and require that delay not be attributable to the applicant. A file should therefore show when the relevant claim or submissions were recorded and explain any delay issue.

A pending appeal is not the same as an undecided first claim

The updated public guidance says a new request is not available merely because an appeal remains pending after the initial decision. That should be distinguished from the duration of permission already granted. Paragraphs 360B and 360E address when existing permission ends in their respective circumstances. A refusal of asylum does not justify guessing either that every work right ends immediately or that every appellant can newly apply.

Consider two people with similar appeal dates. One received work permission before refusal; the other never applied until after the initial decision. Their positions may differ. The relevant documents are the asylum decision, the work-permission letter, the appeal record and the particular rule under which permission was issued.

The occupation wording needs particular care

At our October 21 check, the public page referred both to the Immigration Salary List and to RQF level 6 occupations. The current Rules at 360A and 360D specify a post in Appendix Skilled Occupations considered skilled to RQF level 6 or above when the offer is accepted. They also prohibit self-employment and setting up a business. Readers should use the controlling Rules and clarify inconsistent wording in their individual permission before starting work.

A job title is insufficient to establish the correct occupational classification. Match actual duties to the listed occupation and retain the offer and employer’s description. A role advertised as managerial may still involve different work in practice. Equally, permission to take an eligible job does not become unrestricted permission to operate a business because the work is performed online.

Evidence and support should be handled together

The current guidance requests a completed PTW1, the Application Registration Card and relevant supporting evidence. It says there is no application fee and warns that duplicate submissions can delay processing. Keep one complete submission and proof of delivery; respond to a request for clarification through the identified process.

Employment may affect asylum support, so the guidance requires a change-of-circumstances report. The right to work and entitlement to financial support are distinct assessments. Someone receiving wages should not assume that an earlier support award remains correct without notification. Dependants also need their own legal basis; one family member’s work permission does not automatically cover everyone.

Questions to resolve before accepting a job

• Is the relevant claim or further submission still undecided, and what period has elapsed?
• Was work permission already granted, and what are its conditions and end point?
• Does the actual role satisfy the current occupational rule?
• Have support changes and the employer’s right-to-work check been addressed?

For a different situation involving recognised trafficking victims with Skilled Worker permission, see our analysis of lifting sponsorship restrictions. These are separate legal mechanisms and should not be substituted for one another.

Legal check date

Sources and law checked on 21 October 2026. Later developments are not reflected automatically. Application of the rules depends on the individual facts.