August 2024
This is a resource for professionals working with children in the asylum system who are interested in volunteering. It is important to understand the distinction between volunteering, which is permitted for children in the asylum system, and unpaid work or exploitation.
Current legislation:
Under current legislation people seeking asylum are not permitted to work. There are special circumstances where they can apply to the Home Office for permission to work. However, this is not normally granted to children under the age of 18. They would need to explore this further with their lawyer to see if they are eligible to apply.
However, people seeking asylum are allowed to volunteer whilst their claim is being considered. There is Home Office guidance on what qualifies as volunteering:
“To summarise, the principal difference is that volunteering must not amount to unpaid work, or job substitution. In particular:
- there should be no payment, other than reasonable travel and meals expenditure actually incurred (not an allowance for the same)
- there should be no contractual obligations on the volunteer and they should not enjoy any contractual entitlement to any work or benefits
- the volunteer is helping a registered voluntary or charitable organisation, an organisation that raises funds for either of these, or a public sector organisation
- volunteering is not a substitute for employment, that is fulfilling a role that a salaried worker would normally fulfil”
What this means:
Children and young people are therefore eligible to volunteer in the UK whilst their asylum claim is being considered. However, it cannot fall into the category of unpaid work. For example, they would not be able to undertake any unpaid work or training in private businesses (such as barbers, takeaways, garages or car washes for example) including any apprenticeships. Doing so would place them in breach of their immigration bail conditions and negatively impact their asylum claim and ability to remain in the UK. Employers are also at risk of being fined thousands of pounds for employing someone who is not legally entitled to work. Young people may only volunteer in a registered charity/voluntary organisation, somewhere that raises funds for either of these or a public sector org.
Volunteering should not be a job substitution, and it should not have any contractual obligations. For example, the young person gives their time voluntarily, tasks are not compulsory, and they are not under any obligation to commit. The work done should not constitute the work that a paid employee would do, or be in place of a paid employee.
Volunteers should not receive any money for their work. Their travel expenses and lunch expenses can be covered, but they should not receive any benefits in kind. For example, the promise of work in the future, training, products or services.
Exploitation and trafficking:
Children seeking asylum are at risk of trafficking and exploitation. This occurs where an action is carried out towards a child (such as them being moved, transported, harboured, or received), for the purposes of exploitation. Sometimes children may be told they have a debt bondage and they need to work without pay to repay the debt they owe. Children cannot consent to exploitation.
Children may be exploited through labour exploitation (or other forms of exploitation), and social workers, personal advisers and other professionals must be aware of this risk. If a child is providing free labour to an employer without proper checks on the working conditions and treatment of the child, this may be an exploitative situation.
Conversations with children:
We strongly recommend social workers, personal advisers and other professionals having conversations with children and young people about the differences between volunteering, work and a potentially exploitative situation. It is important that professionals and the children they are supporting understand the difference, and if a volunteering opportunity within a registered charity/public body arises that this is fully explored to ensure it is safe for the child and also falls within the definition of volunteering. If you are unsure, you could speak to the child or young person’s immigration lawyer, or contact GMIAU for further advice (kathleen@gmiau.org)
Businesses can be targeted for immigration enforcement raids, meaning any children undertaking unpaid work in those businesses will be at risk from the Home Office.
There are many benefits to volunteering, such as the child’s overall wellbeing and mental health, and helping them develop their English, confidence and skills. However, professionals working with children must ensure the volunteering they are taking part in is safe and legal to prevent potential harm to the child, potential exploitation or breaking their immigration bail conditions.