Refugee and Asylum Seeker Work Rights in South Africa
Asylum seekers and refugees in South Africa have the right to work and study. This guide explains what documentation you need and what to do if an employer refuses.
FreeSouth African Law2 related guides
Direct Answer
Asylum seekers with a valid Section 22 permit (asylum seeker permit) have the right to work and study in South Africa. Recognised refugees (with a Section 24 permit/refugee identity document) have the same right to work as South African citizens. Employers who refuse to hire you based on your permit status may be committing unfair discrimination.
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“A refugee is entitled to seek employment and access education and health services, subject to applicable laws of general application.”
Employment Equity Act 55 of 1998
Section 6
“Unfair discrimination on the basis of nationality, ethnicity, or social origin is prohibited in recruitment and employment practices.”
What to Do
Step-by-Step Guide
1Keep your Section 22 permit valid at all times — renew before the expiry date at a Refugee Reception Office. An expired permit makes you vulnerable.
2Carry your permit and a certified copy when applying for work or attending job interviews.
3If an employer refuses you work based on your permit, request the reason in writing and report the matter to the Commission for Employment Equity (Department of Employment and Labour).
4Apply for your Section 24 refugee status as soon as possible — it provides stronger work rights and a refugee identity document recognised for employment purposes.
5Seek assistance from Lawyers for Human Rights (LHR), the Scalabrini Centre, or UNHCR if your work rights are being violated.
What to Say
Exact Words to Use
“"I am an asylum seeker with a valid Section 22 permit issued under the Refugees Act. I have the right to seek and accept employment in South Africa."”
Tone: assertive
Now practise saying it. The Advocate has a scenario that walks you through exactly this situation — phrase by phrase, with audio playback and a practice drill. Free to try.
Can an asylum seeker open a bank account in South Africa?
Banks must accept a valid Section 22 permit as identification for opening a basic bank account under the Financial Intelligence Centre Act (FICA). If a bank refuses, escalate to the Banking Ombudsman.
Can a refugee start a business in South Africa?
Yes. Recognised refugees (Section 24 status) can register a business and are entitled to trade licences. Asylum seekers may face practical difficulties but are legally entitled to conduct business. Contact LHR for assistance if denied.
What if my asylum seeker permit expires while I am waiting for renewal?
Courts have held that asylum seekers who have applied for renewal before expiry retain their right to remain in South Africa while waiting. Carry proof of your renewal application and the expired permit. Contact LHR or a legal clinic if you are detained.
Knowing the law is step one. The Advocate trains you to use it — with 149 real South African scenarios, exact rebuttals, law references, and Scripture. Free to start.