Is a failed asylum seeker allowed to do voluntary work?

[linzm]

Hi,
Is anyone able to confirm whether a failed asylum seeker is allowed to do voluntary work? My partner is in this situation, he loves the voluntary work he does, but I am worried incase it causes any problems? He volunteers with a couple of different organisations and they are fully aware of his situation.
Thanks.

[jimquk]

I don't see why being failed should alter his situation. After a load of dithering, it was eventually clarified that those refused permission to work (ie. most AS, whether refused or not) were still allowed to do voluntary work. I think voluntary work is defined as any activity which is not substituting for paid work - so "volunteering" at a mate's takeaway wouldn't count.

[linzm]

Hi jimquk,
thanks for the info!

[sakura]

Hi,
Is anyone able to confirm whether a failed asylum seeker is allowed to do voluntary work? My partner is in this situation, he loves the voluntary work he does, but I am worried incase it causes any problems? He volunteers with a couple of different organisations and they are fully aware of his situation.
Thanks.

Well, actually, if you don't have any valid leave to remain, then you cannot undertake any type of work - paid or unpaid. Remember people do need visas even for voluntary work/internships, and of course working is working, whether or not there is mutual remuneration involved.

Technically he should leave the country as he has no valid leave. So, since he has no valid leave, he has no right to work - in any type of category. Asylum seekers with a pending application, obviously, have valid leave to remain whilst their case is considered, which is why they can do voluntary work.

That's the way I see it, anyway.

[jimquk]

Sakura wrote:

Technically he should leave the country as he has no valid leave. So, since he has no valid leave, he has no right to work - in any type of category. Asylum seekers with a pending application, obviously, have valid leave to remain whilst their case is considered, which is why they can do voluntary work.

Yes, but until removal directions are issued, doesn't the person remain on temporary admission? They continue signing, in theory at lest, and the IS96 which details (from recollection) "no work paid or unpaid" remains the same.
So I think that being refused does not in itself change the situation.

[sakura]

Sakura wrote:

Technically he should leave the country as he has no valid leave. So, since he has no valid leave, he has no right to work - in any type of category. Asylum seekers with a pending application, obviously, have valid leave to remain whilst their case is considered, which is why they can do voluntary work.

Yes, but until removal directions are issued, doesn't the person remain on temporary admission? They continue signing, in theory at lest, and the IS96 which details (from recollection) "no work paid or unpaid" remains the same.
So I think that being refused does not in itself change the situation.

Well if it states "no work paid or unpaid" then it includes not working on a voluntary basis. So, the answer would still be 'no', if that is the statement on the IS96 form.

[jimquk]

NASS have a policy bulletin covering this point:

http://www.ind.homeoffice.gov.uk/6353/12358/pb72.pdf

And the BIA:

http://www.ind.homeoffice.gov.uk/lawand ... dmentoring