Assylum seeker and shortage occupation list

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  • #285132

    Hello, we have a case of a man from Zimbabwe that is an asylum seeker. He has been given permission to work in a job on the ‘Shortage Occupation List’. This employment has now ended. Can anyone confirm that we cannot pay this man CTS as he is still an asylum seeker and is therefore not eligible for CTS?

    Peter Barker

    Probably not.

    To get CTS he would need leave to enter or remain in the UK without a condition prohibiting from having recourse to public funds. If he is an asylum seeker, it is likely he does not have leave to enter or remain and would therefore be excluded from CTS.

    Even if he has leave with permission to work, chances are there would still be an NRPF condition, which would be recorded on the residence permit.

    You can, however, give him a discretionary reduction under s13A(1)(c) if you think his circumstances are sufficiently compelling as that is not public funds.

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