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.
What the Law Says
Your Legal Foundation
Refugees Act 130 of 1998
Section 27
“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.”
Common Questions
Frequently Asked Questions
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.
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