Immigration Rules
Immigration Rules: Immigration Rules Part 11B
gov.uk change note: Updated to reflect Statement of Changes HC 1691
Headline
Immigration Rules Part 11B has been entirely deleted, removing all provisions on reception conditions for non-EU asylum applicants including employment rights, documentation requirements, and information obligations.
Changes in detail
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Entire Part 11B — All substantive provisions have been deleted. The document now consists only of the heading "Reception Conditions for non-EU asylum applicants" with all 13 paragraphs (357-361) and their sub-provisions removed.
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Paragraph 357 (scope) — Deleted provision that Part 11B applied only to asylum applicants who are not nationals of an EU member state.
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Paragraphs 357A-358A (information obligations) — Deleted requirements for the Secretary of State to inform asylum applicants about procedures, rights, obligations, benefits and services, including the 15-day time limit for providing information about available benefits.
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Paragraph 358B (notification requirements) — Deleted obligation for asylum applicants to notify the Secretary of State of their current address and any changes.
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Paragraph 358C (UNHCR access) — Deleted provisions giving UNHCR representatives access to asylum applicants, their case information, and the right to present views on individual applications.
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Paragraphs 359-359C (documentation) — Deleted requirements for the Secretary of State to issue documentation within three working days certifying asylum applicant status, including exceptions for detained applicants and clarifications about identity evidence.
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Paragraphs 360-360E (employment rights) — Deleted all provisions allowing asylum applicants to apply for permission to work after one year if no first instance decision has been taken, including the restriction to RQF level 6+ roles in Appendix Skilled Occupations and prohibitions on self-employment.
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Paragraph 361 (definitions) — Deleted definitions of "working day" and "member State".
Practical implications
This is a fundamental change affecting all asylum applicants who are not EU nationals. Practitioners should immediately:
- Review all pending asylum cases to understand how the removal of these provisions affects clients' rights to documentation, employment, and information
- Check whether these rights are preserved elsewhere in the Immigration Rules or by other legislation
- Advise clients that the specific employment application route after one year (paragraph 360) no longer exists in the Immigration Rules
- Verify what documentation asylum applicants will now receive and under what legal basis
- Consider whether UNHCR access rights are preserved under other provisions
The deletion appears to be part of post-Brexit changes, as the original scope was limited to non-EU nationals. EU nationals may now be subject to the same general asylum provisions as other applicants.
Administrative changes
The document retains its title and structure but removes all substantive content, leaving only the main heading visible.
Diff
@@ -1,10 +1,9 @@ ## Reception Conditions for non-EU asylum applicants - -357. Part 11B only applies to asylum applicants (within the meaning of these Rules) who are not nationals of a member State. +- 357. Part 11B only applies to asylum applicants (within the meaning of these Rules) who are not nationals of a member State. @@ -13,14 +12,13 @@ ## Information to be provided to asylum applicants - -357A. The Secretary of State shall inform asylum applicants in a language they may reasonably be supposed to understand and within a reasonable time after their claim for asylum has been recorded of the procedure to be followed, their rights and obligations during the procedure, and the possible consequences of non-compliance and non-co-operation. They shall be informed of the likely timeframe for consideration of the application and the means at their disposal for submitting all relevant information. +- 357A. The Secretary of State shall inform asylum applicants in a language they may reasonably be supposed to understand and within a reasonable time after their claim for asylum has been recorded of the procedure to be followed, their rights and obligations during the procedure, and the possible consequences of non-compliance and non-co-operation. They shall be informed of the likely timeframe for consideration of the application and the means at their disposal for submitting all relevant information. -358. The Secretary of State shall inform asylum applicants within a reasonable time not exceeding fifteen days after their claim for asylum has been recorded of the benefits and services that they may be eligible to receive and of the rules and procedures with which they must comply relating to them. The Secretary of State shall also provide information on non-governmental organisations and persons that provide legal assistance to asylum applicants and which may be able to help asylum applicants or provide information on available benefits and services. +- 358. The Secretary of State shall inform asylum applicants within a reasonable time not exceeding fifteen days after their claim for asylum has been recorded of the benefits and services that they may be eligible to receive and of the rules and procedures with which they must comply relating to them. The Secretary of State shall also provide information on non-governmental organisations and persons that provide legal assistance to asylum applicants and which may be able to help asylum applicants or provide information on available benefits and services. -358A The Secretary of State shall ensure that the information referred to in paragraph 358 is available in writing and, to the extent possible, will provide the information in a language that asylum applicants may reasonably be supposed to understand. Where appropriate, the Secretary of State may also arrange for this information to be supplied orally. +- 358A The Secretary of State shall ensure that the information referred to in paragraph 358 is available in writing and, to the extent possible, will provide the information in a language that asylum applicants may reasonably be supposed to understand. Where appropriate, the Secretary of State may also arrange for this information to be supplied orally. @@ -29,10 +27,9 @@ ## Information to be provided by asylum applicants - -358B An asylum applicant must notify the Secretary of State of his current address and of any change to his address or residential status. If not notified beforehand, any change must be notified to the Secretary of State without delay after it occurs. +- 358B An asylum applicant must notify the Secretary of State of his current address and of any change to his address or residential status. If not notified beforehand, any change must be notified to the Secretary of State without delay after it occurs. @@ -41,20 +38,20 @@ ## The United Nations High Commissioner for Refugees - -358C. A representative of the United Nations High Commissioner for Refugees (UNHCR) or an organisation working in the United Kingdom on behalf of the UNHCR pursuant to an agreement with the government shall: +- 358C. A representative of the United Nations High Commissioner for Refugees (UNHCR) or an organisation working in the United Kingdom on behalf of the UNHCR pursuant to an agreement with the government shall: -(a) have access to applicants for asylum, including those in detention; +- (a) have access to applicants for asylum, including those in detention; -(b) have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken on applications for asylum, provided that the applicant for asylum agrees thereto; +- (b) have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken on applications for asylum, provided that the applicant for asylum agrees thereto; -(c) be entitled to present his views, in the exercise of his supervisory responsibilities under Article 35 of the Geneva Convention, to the Secretary of State regarding individual applications for asylum at any stage of the procedure. +- (c) be entitled to present his views, in the exercise of his supervisory responsibilities under Article 35 of the Geneva Convention, to the Secretary of State regarding individual applications for asylum at any stage of the procedure. + @@ -65,16 +62,15 @@ ## Documentation - -359 The Secretary of State shall ensure that, within three working days of recording an asylum application, a document is made available to that asylum applicant, issued in his own name, certifying his status as an asylum applicant or testifying that he is allowed to remain in the United Kingdom while his asylum application is pending. For the avoidance of doubt, in cases where the Secretary of State declines to examine an application it will no longer be pending for the purposes of this rule. +- 359 The Secretary of State shall ensure that, within three working days of recording an asylum application, a document is made available to that asylum applicant, issued in his own name, certifying his status as an asylum applicant or testifying that he is allowed to remain in the United Kingdom while his asylum application is pending. For the avoidance of doubt, in cases where the Secretary of State declines to examine an application it will no longer be pending for the purposes of this rule. -359A The obligation in paragraph 359 above shall not apply where the asylum applicant is detained under the Immigration Acts, the Immigration and Asylum Act 1999 or the Nationality, Immigration and Asylum Act 2002. +- 359A The obligation in paragraph 359 above shall not apply where the asylum applicant is detained under the Immigration Acts, the Immigration and Asylum Act 1999 or the Nationality, Immigration and Asylum Act 2002. -359B A document issued to an asylum applicant under paragraph 359 does not constitute evidence of the asylum applicant’s identity. +- 359B A document issued to an asylum applicant under paragraph 359 does not constitute evidence of the asylum applicant’s identity. -359C In specific cases the Secretary of State or an Immigration Officer may provide an asylum applicant with evidence equivalent to that provided under rule 359. This might be, for example, in circumstances in which it is only possible or desirable to issue a time-limited document. +- 359C In specific cases the Secretary of State or an Immigration Officer may provide an asylum applicant with evidence equivalent to that provided under rule 359. This might be, for example, in circumstances in which it is only possible or desirable to issue a time-limited document. @@ -83,43 +79,42 @@ ## Right to request permission to take up employment - -360 An asylum applicant may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within one year of the date on which it was recorded. The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant. +- 360 An asylum applicant may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within one year of the date on which it was recorded. The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant. -360A If permission to take up employment is granted under paragraph 360, that permission will be subject to the following restrictions: +- 360A If permission to take up employment is granted under paragraph 360, that permission will be subject to the following restrictions: -(i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included in Appendix Skilled Occupations and considered to be skilled to Regulated Qualifications Framework (RQF) level 6 or above on the Skilled Worker route; +- (i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included in Appendix Skilled Occupations and considered to be skilled to Regulated Qualifications Framework (RQF) level 6 or above on the Skilled Worker route; -(ii) no work in a self-employed capacity; and +- (ii) no work in a self-employed capacity; and -(iii) no engagement in setting up a business. +- (iii) no engagement in setting up a business. -360B If an asylum applicant is granted permission to take up employment under paragraph 360 this shall only be until such time as his asylum application has been finally determined. +- 360B If an asylum applicant is granted permission to take up employment under paragraph 360 this shall only be until such time as his asylum application has been finally determined. -360C Where an individual makes further submissions which raise asylum grounds and which fall to be considered under paragraph 353 of these Rules, that individual may apply to the Secretary of State for permission to take up employment if a decision pursuant to paragraph 353 of these Rules has not been taken on the further submissions within one year of the date on which they were recorded. The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision pursuant to paragraph 353 of these Rules cannot be attributed to the individual. +- 360C Where an individual makes further submissions which raise asylum grounds and which fall to be considered under paragraph 353 of these Rules, that individual may apply to the Secretary of State for permission to take up employment if a decision pursuant to paragraph 353 of these Rules has not been taken on the further submissions within one year of the date on which they were recorded. The Secretary of State shall only consider such an application if, in the Secretary of State’s opinion, any delay in reaching a decision pursuant to paragraph 353 of these Rules cannot be attributed to the individual. -360D If permission to take up employment is granted under paragraph 360C, that permission will be subject to the following restrictions: +- 360D If permission to take up employment is granted under paragraph 360C, that permission will be subject to the following restrictions: -(i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included in Appendix Skilled Occupations and considered to be skilled to Regulated Qualifications Framework (RQF) level 6 or above on the Skilled Worker route; +- (i) employment may only be taken up in a post which is, at the time an offer of employment is accepted, included in Appendix Skilled Occupations and considered to be skilled to Regulated Qualifications Framework (RQF) level 6 or above on the Skilled Worker route; -(ii) no work in a self-employed capacity; and +- (ii) no work in a self-employed capacity; and -(iii) no engagement in setting up a business. +- (iii) no engagement in setting up a business. -360E Where permission to take up employment is granted pursuant to paragraph 360C, this shall only be until such time as: +- 360E Where permission to take up employment is granted pursuant to paragraph 360C, this shall only be until such time as: -(i) a decision has been taken pursuant to paragraph 353 that the further submissions do not amount to a fresh claim; or +- (i) a decision has been taken pursuant to paragraph 353 that the further submissions do not amount to a fresh claim; or -(ii) where the further submissions are considered to amount to a fresh claim for asylum pursuant to paragraph 353, all rights of appeal from the immigration decision made in consequence of the rejection of the further submissions have been exhausted. +- (ii) where the further submissions are considered to amount to a fresh claim for asylum pursuant to paragraph 353, all rights of appeal from the immigration decision made in consequence of the rejection of the further submissions have been exhausted. @@ -130,12 +125,11 @@ ## Interpretation - -361 For the purposes of this Part - +- 361 For the purposes of this Part - -(a) ‘working day’ means any day other than a Saturday or Sunday, a bank holiday, Christmas day or Good Friday; +- (a) ‘working day’ means any day other than a Saturday or Sunday, a bank holiday, Christmas day or Good Friday; -(b) ‘member State’ has the same meaning as in Schedule 1 to the European Communities Act 1972. +- (b) ‘member State’ has the same meaning as in Schedule 1 to the European Communities Act 1972.