Legal Update: In a Nutshell - Migrant children's rights to work and train

Can migrant children and young people lawfully work in the UK?
In terms of paid employment, those with refugee status, indefinite leave to remain, humanitarian protection or discretionary leave have the right to work in the UK without applying for permission. Asylum seekers do not have permission to work; however, if their application has taken more than 12 months, they may apply for the right to work. Given that most separated asylum seekers are given a decision within two months, this rarely applies to migrant children. Those with a specified limited period or who have discretionary leave until they reach 17 and a half, or who may have permission to work but their leave expires, may continue to work if they have applied to extend or vary their leave and the application is put in before their current period of leave expires.

Those who are "illegal migrants" do not have permission to work in the UK. All those who have the right to work will need to provide potential employers with proof of their eligibility to work. Those who wish to employ an individual who has made an application for further leave to remain should contact the Employer Checking Service to clarify their right to work.

Voluntary work is possible for asylum seekers and those who have exhausted their appeal rights, and they do not need to seek permission on this. This should be unpaid and genuinely voluntary i.e. it should not replace the role of a paid worker, however, lunch and travel expenses may be provided for asylum seekers.

Can migrant children and young people undertake work-based learning?
Refugees and those with limited leave to remain may undertake work-based learning (WBL), due to their right to work in the UK. Some asylum seekers, those in receipt of assistance under either the Immigration and Asylum Act 1999 or the Children Act 1989 can also apply for WBL. The Home Office however, classes vocational training as unpaid work and as such, asylum seekers are prohibited from undertaking vocational training under normal circumstances. They may, however, ask for permission if they are on a vocational course that includes unpaid training. The exception to this, which is particularly pertinent for child migrants, is for college-based vocational training, for which they need to apply for permission.

Do migrant children need a National Insurance number?
Anyone aged 16 or over who works, or who claims benefits, must have a National Insurance number (NINO). Migrant children with refugee status, humanitarian protection, discretionary leave or indefinite leave to remain will need a NINO in order to work. Asylum seekers with permission to work because their application has taken more than 12 months will also require one. Those in the care system may not have been issued a NINO via juvenile registration. However, it is still possible to acquire one. Applications are to be made by the young person's social worker. It is possible to use the juvenile system until the young person reaches 20, after which they must use the adult system.

Legal Update is produced in association with experts at Coram Children’s Legal Centre ?www.childrenslegalcentre.com

?For free legal advice on issues relating to migrant children call 0207 636 8505

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