Asylum seeker rights: Letter to UK Government

To: Minister for Border Security and Asylum Dame Angela Eagle

From: Equalities Minister Kaukab Stewart

In December 2023, the Scottish Government’s independent Expert Advisory Group on Migration and Population (EAG) published the report Asylum Seekers - extending the right to work: evaluation, analysis, and policy options. This research report reviewed UK and international policy approaches to asylum right to work, and set out a series of recommendations for the Scottish Government which have underpinned the development of a pilot proposal. I am pleased to share this pilot proposal with you, which would give a cohort of people seeking asylum within discrete pilot areas the right to work after six months.

The development of this pilot proposal has been shaped by a range of stakeholders, including local authorities, employers and key third sector organisations involved in supporting people seeking asylum. Stakeholders have been clear that they want to see a humane, principled approach to asylum right to work in the UK, and that current policy is harming those seeking asylum and their families. This is supported by the previous UK Parliament’s All-Party Parliamentary Groups on Migration and Poverty, who published a joint report in April 2024 which stated that the UK’s current asylum support system is “destitution by design”, and recommended that people seeking asylum should have the right to work after six months, which aligns with the Scottish Government’s pilot proposal.

We have proposed as inclusive an approach as possible for this pilot proposal, seeking to keep eligibility criteria to a minimum; this will generate the greatest possible breadth of learning while also focusing on the wellbeing and integration of pilot participants. The pilot proposal is intended to test the assumptions that enabling the right to work has a positive impact on pilot participants, their families and our communities, assists their integration; makes a positive contribution to our economy, and reduces the cost and demand on our public services.

Additionally, the pilot proposal seeks to move away from the current policy of limiting those seeking work to roles included within the Immigration Salary List (ISL). Enabling those seeking asylum to find work without the restrictions that the ISL imposes will improve individual employment prospects and in turn their wellbeing, and additionally will enable us to capture the economic benefits outlined above.

Based on the evidence we have considered, the Scottish Government firmly believes that giving people seeking asylum the right to work from an earlier point has the power to be transformative in terms of their integration and self-agency. We anticipate that securing employment will make it easier for people to move on from asylum accommodation following a positive decision, and they will be better equipped to support themselves and their families.

A range of positive outcomes are expected for the individuals physical and mental health as well as their quality of life. Clearly the pilot needs to be designed to protect vulnerable people from exploitation. It is our view that offering a route to legal employment will reduce unsafe and illegal work. Building in the necessary safeguards will therefore be a key consideration in how to deliver the proposed pilot.

Further to what I have set out within this letter, the pilot proposal identifies a range of areas whereby collaboration with the UK Government would be required to agree mutually acceptable parameters. Within the proposal design we have been clear that we would carefully monitor and evaluate the delivery of this proposed pilot, to capture and share any lessons learned and to build the evidence base to inform future policy development regarding asylum right to work. Our ask is that you review this pilot proposal and agree to engage further with the Scottish Government to develop the proposal into a model which can feasibly be delivered within the current immigration system.

I would appreciate the opportunity to meet with you to discuss next steps around the proposal, and have copied this letter to Ian Murray, the Secretary of State for Scotland.