New immigration rules that came into force on 26 March 2026 have changed the employment rights of asylum seekers in the UK in ways that are more complex than they might first appear. While the changes open up a wider range of professional roles for some, they may in practice make it harder for others to access work at all — and it is important that those supporting asylum seekers understand the distinction.
Until now, asylum seekers who were granted permission to work after waiting a year were limited to roles listed on the Immigration Salary List (ISL), a narrow set of shortage occupations. Under the new rules, that restriction has been removed. Asylum seekers who have waited 12 months or more will now be allowed to work in any occupation listed in the Skilled Occupations appendix at Regulated Qualifications Framework (RQF) level 6 — that is, graduate level — or above.
It would be misleading to describe this simply as an expansion of rights. In practice, this may be more restrictive for some people, because many jobs that were previously allowed were below this level. The old Immigration Salary List included a range of mid-skilled roles — such as bricklaying, construction trades and some care work — that asylum seekers with practical skills and experience could realistically access. Those roles are no longer available under the new rules.
The change is therefore better understood as a shift in focus rather than a straightforward expansion. It is genuinely beneficial for asylum seekers who hold graduate-level or professional qualifications — particularly in healthcare — and who were previously unable to work in roles that matched their skills. But for those without recognised qualifications at RQF level 6, the new rules may leave them with fewer options than before, not more.
RQF (Regulated Qualifications Framework) is the system used in England to classify the skill level of both qualifications and job roles. Level 6 equates broadly to degree level. It is important to note that RQF level 6 refers to degree level in job skill level, not necessarily academic attainment — meaning that what matters is the complexity of the role, not whether the individual personally holds a UK degree.
For the NHS, the list of eligible health occupations at RQF level 6 and above includes doctors, nurses, dentists, pharmacists and a wide range of other regulated health professionals. Beyond healthcare, the RQF 6+ list spans a broad range of graduate-level and professional roles across many sectors, including engineering, education, law, finance, IT, and the sciences. The government does not publish one simple list called “RQF 6+ jobs” — instead, these jobs are listed in the Appendix Skilled Occupations on GOV.UK.
People who have claimed asylum in the UK can apply for permission to work if they have been waiting 12 months for a decision, and they are not considered responsible for the delay. Around 21,000 migrants could be granted the right to work because they have been waiting for more than 12 months for their asylum claim. However, how many of those individuals hold qualifications or experience at RQF level 6 — and how many previously relied on mid-skilled roles now removed from the permitted list — remains unclear.
Separately from the asylum seeker changes, the government introduced a Temporary Shortage List (TSL) in July 2025 to address labour shortages in mid-skilled roles at RQF levels 3–5. The TSL focuses on sub-degree roles considered vital to the UK’s industrial strategy or critical infrastructure, covering sectors such as logistics, construction, manufacturing and technical support — including roles such as engineering technicians, IT support technicians, laboratory technicians and welding trades. However, it should be noted that the TSL is primarily a mechanism for the broader Skilled Worker visa route — the confirmed right to work for asylum seekers remains restricted to RQF level 6 and above. An expiry date of 31 December 2026 has been set for occupations on both the Immigration Salary List and the interim Temporary Shortage List.
Care workers are explicitly excluded from these changes. No occupation below RQF level 3 will have access to the Temporary Shortage List, including care and social care, which became ineligible to new overseas applicants in July 2025. Overseas recruitment for social care worker roles ended on 22 July 2025, following concerns over widespread abuse, exploitation and non-compliance in the sector. While transitional provisions allow in-country switching for care workers already in the UK until 22 July 2028, new overseas applications will no longer be accepted.
The picture is more nuanced, however, for healthcare support roles within the NHS. From 1 April 2026, the full-time Agenda for Change Band 3 entry point increases to £25,760, meaning that healthcare support workers will be eligible for international sponsorship, as the role appears on the Immigration Salary List under SOC code 6131. This covers nursing auxiliaries and assistants — roles that sit at RQF level 3, not level 6. However, Band 2 staff are ineligible for sponsorship because the roles do not meet the minimum skills threshold of RQF level 3 or above, regardless of salary.
Crucially, this route too has a time limit. When the Immigration Salary List is withdrawn in December 2026, new applications under SOC code 6131 — nursing auxiliaries and assistants — will not be possible. The future of these roles beyond December 2026 therefore remains uncertain, and employers and workers in this space should plan accordingly.
Yes. Asylum seekers remain prohibited from self-employment and from taking lower-skilled roles. Employers are also still required to carry out standard right to work checks, and permission to work comes to an end if an asylum claim is refused and all appeal rights are exhausted.
The changes follow a high court challenge lodged in April 2025 by two specialist doctors who had the qualifications to work for the NHS but were prevented from doing so. The grounds of the challenge included that the use of the Immigration Salary List for those seeking asylum was irrational and discriminatory, because the list was not designed for people seeking asylum but for the overseas Skilled Worker route.
Some advocates argue the reforms don’t go far enough. Garden Court Chambers, who represented the claimants, stated that the repeated recommendations of the Migration Advisory Committee — that there should be no restriction on the jobs asylum seekers can undertake once eligible to work — should urgently be adopted, given the undisputed body of evidence that the asylum work policy does not act as a pull factor.
The Language of Change