Therefore, your client does not qualify for permission to work in the UK.
This decision has been made with reference to the Home Office policy on “permission to work and volunteering for asylum seekers” and paragraph 360, part 11B of the Immigration Rules.” (emphasis original) 27. The February 2020 decision proceeded to address the need for asylum applicants who are eligible for work to ensure that the roles they seek to obtain feature on the SOL in any event: “You were informed in our previous letter dated 14 November 2019 that your client should ensure that he does not apply for vacancies that are not on the [SOL] list… The policy states that it is the responsibility of the applicant and a potential employer to ensure that the job is one which is included on the list of shortage occupations and that the applicant is qualified for the position being offered before taking up the post. In summary, in light of your client’s current circumstances and status in the United Kingdom, he may not take up employment in the United Kingdom, nor may he be self-employed or engaged in business or professional activity. On that basis your client’s request to take up employment at [the pizza and chicken outlet] is refused.”
- JUDGMENT
- Permission to work and volunteering for asylum seekers
- Upper Tribunal Judge Stephen Smith:
- IJ (Kosovo)
- British Oxygen Co. Ltd v Minister of Technology
- Therefore, your client does not qualify for permission to work in the UK.
- RELEVANT LAW AND POLICY
- Rostami
- Gurung) v Secretary of State for the Home Department
- R (oao) Lumba v Secretary of State for the Home Department and others
- not normally
- and it is not possible to exercise discretion in their favour
- other – give detail
- must be restricted to jobs on the Shortage Occupation List
- unless it is appropriate to make an exemption
- subject to exceptions
- from which exceptions may be made
- which may be departed from in an exceptional case
- from which the decision-maker may exceptionally
- the decision maker having the power to depart from a policy in an exceptional case
- Gurung
- not normally qualify
- Exceptional circumstances may be considered on a case by case basis. For more information on the exceptional circumstances in which discretion may be exercised see [para] 13.2
- Budd
- Negassi
- Sidabras
- R (oao Countryside Alliance and others and others) v Her Majesty's Attorney General and another
- Tekle
- SUMMARY OF DECISION
