Asylum (working conditions)

[shahrob]

Good Morning experts,

I hope you all are doing well. This query is related to my younger brother who is an asylum seeker. He came to UK in Feb 2022 as a student and he has completed his degree. During his visa validation in May 2023, instead of applying for Post Study Work visa he had to apply for Asylum because of his circumstances. On his ARC card he got permission to work. After his first and second interview, recently about two days ago he received email from Home Office saying that his application for asylum has been refused and he can appeal within 14 days. Since his application has been refused, is he allowed to carry on work as an employee ?
It's been two days now and his employer didn't say anything and he is working as normal. We are not sure if he is allowed to work after refusal or during the appeal waiting time. Not sure if the employer is going to run ECS check or Home office will inform the employer.

We are very confused as we can't find the information on Home Office website. We have asked few people and they are saying that this rule only applies to those who didn't have any right to work from the day one of their asylum claim or those who came illegally but in my brother case they are saying that since he was allowed to work from day one of his claim so he can continue to work during his appeal waiting time. There is no clear guidance from Home Office on their website. I hope you guys can provide your expert guidance.

Thank you

[vinny]

If he applied for asylum in-time (before expiry of leave), then Section 3C treats his student leave as continuing (preserving student work conditions) after expiry of leave. If he appeals in-time (i.e. within 14 days), then Section 3C continues to apply until the appeal decision, etc.

[Frontier Mole]

The Home Office do not contact employers in these circumstances. It is up to the employer to monitor the individuals right to work. The employer should be regularly checking with ECS on a 6 month rotation to ensure the employee has the right to work.

[shahrob]

Thank you all for the advise. I hope my brother can continue working as an employee during Assylum appeal process.

[vinny]

If he did everything in-time, then yes.