Nationality and Borders Bill — After Clause 12 — Changes to the Immigration Act 1971 — Asylum Seekers' — Employment — 22 Mar 2022 at 16:18

The majority of MPs voted against "allowing asylum seekers and their adult dependents, including failed asylum seekers who have raised further submissions, to work on the same terms as a person with refugee status if a decision on their claim has not been determined within six months".

MPs were considering the Nationality and Borders Bill.^[1][2][3]

The motion supported by the majority of MPs in this vote was:

That this House disagrees with Lords amendment 7.

Lords amendment 7^[4][5] stated:

• Insert the following new Clause—
• “Changes to the Immigration Act 1971
• (1) The Immigration Act 1971 is amended as follows.
• (2) After section 3(2) (general provisions for regulation and control) insert—
• “(2A) Regulations under subsection (2) must provide that persons, and adult dependants of persons who are applying for asylum in the United Kingdom are granted permission by the Secretary of State to take up employment if—
• (a) a decision at first instance has not been taken on the applicant’s asylum application within six months of the date on which the application was made, or
• (b) a person makes an application or a further application which raises asylum grounds, and a decision on that new application, or a decision on whether to treat such further asylum grounds as a new application, has not been taken within six months of the date on which the further application was made.
• (2B) For the purposes of subsection (2A), regulations must ensure that permission granted allowing people applying for asylum in the UK, and their adult dependants to take up employment, are on terms no less favourable than the terms granted to a person with recognised refugee status.
• (2C) This permission is to be valid until the claim is determined and all appeal rights have been exhausted and individuals granted permission to work will be issued with physical proof of the right to work.””

Explanatory notes to the amendment^[5] state:

• This clause enables asylum seekers and their adult dependents, including failed asylum seekers who have raised further submissions, to work on the same terms as a person with refugee status if a decision on their claim has not been determined within six months of the date on which the application was made

and

• Current policy allows asylum seekers to work in jobs on the Shortage Occupation List (“SOL”) if they have been waiting for a decision on their asylum claim for 12 months or more, where the delay is no fault of their own

--

• [1] Parliament's webpage on the Nationality and Borders Bill, Parliament.uk
• [2] Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [3] Explanatory notes to the Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [4] Lords amendments to the Nationality and Borders Bill 15 March 2022, Parliament.uk
• [5] Explanatory notes on Lords amendments to the Nationality and Borders Bill 21 March 2022, Parliament.uk

Debate in Parliament |