How does South Africa’s asylum seeker permit system impact the ability of refugees to access formal employment?

Asylum Permit System

Opening Case & Key Statistics

In mid-2024, Lawyers for Human Rights (LHR), the Scalabrini Centre, Pax Afrika Network, and others reported that since 2020 they received over 10,000 cases in Johannesburg, Pretoria, Durban, and Musina of asylum seekers and refugees facing documentation challenges. News24 Many of these are unable to finalise their asylum or refugee permits despite long wait times, which blocks their legal access to formal employment.

Meanwhile, according to available ProtectionWeb data, South Africa saw a notable surge in asylum applications in 2019 and again in 2023; though in 2024 the numbers dropped (possibly due to access barriers). Importantly, processing backlogs remain very large, with average asylum claim determination taking years. Protection Web

These delays and documentation gaps do not only deny economic autonomy to asylum seekers; they have serious health, social, and structural consequences, including dependency, marginalisation, mental health strain, and reduced access to health‐promoting resources.

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Policy & Legal Background: What the Rules Say vs. What They Mean in Practice

Key Laws and Amendments

• Refugees Act (Act No. 130 of 1998), as amended by the Refugees Amendment Act No. 11 of 2017 (RAA), which came into force (or its regulations in force) in January 2020. Government of South Africa+4UNHCR help.unhcr.org+4Scalabrini Center+4

• Refugees Regulations, 2018, and subsequent amendments. Scalabrini Center+2Scalabrini Center+2

What the Law Provides (on paper)

• Recognised refugees (i.e. those with a section 24 permit) have the right to seek employment in virtually all sectors. They also get a “maroon ID” document. dha.gov.za+3Joburg+3AfricanLII+3

• Asylum seekers (holders of section 22 permits) formerly had an automatic right to work and study under the older (pre-2020) law. Watchenuka & Others v Minister of Home Affairs (2003) affirmed that the right to work is constitutional, tied to dignity. AfricanLII+2Juta Journals+2

Changes & Restrictive Provisions

Under the Amended Act and Regulations:

1. Removal of the automatic right for asylum seekers to work or study. The law now requires an endorsement process. Government of South Africa+3UNHCR help.unhcr.org+3Scalabrini Center+3

2. Section 22(8) of the Act specifies that certain categories are not eligible for work endorsements: for example, asylum seekers who are able to sustain themselves, or who are offered shelter/basic necessities by charities or UNHCR, or those who previously failed to produce proof of employment when required. Scalabrini Center+2Government of South Africa+2

3. Employers must submit a letter (on Form 6 of the Annexure to the Refugee Regulations) confirming employment within 14 days of an asylum seeker taking up work, to Home Affairs. If this is not done, fines may apply. Failure to produce proof of employment after endorsement may lead to removal of the endorsement. UNHCR help.unhcr.org+2Scalabrini Center+2

4. Additional administrative hurdles: the Standing Committee on Refugee Affairs assesses each application for work endorsement, including review of means of support and dependents, causing delays and inconsistent outcomes. UNHCR help.unhcr.org+1

Gaps Between Law & Practice

• Although the law now requires the endorsement process, UNHCR and NGOs report that many of these new provisions are not yet fully implemented. UNHCR help.unhcr.org

• Employers often do not understand whether a given permit allows work; some asylum seekers report rejection by employers despite having permits that, in law, allow work or which could be endorsed.

• The backlog at the Department of Home Affairs (DHA) delays permit issuance, renewal, or endorsements, pushing many into limbo. News24+2dha.gov.za+2

• Some sections of the amended law (e.g. “abandonment provisions”, or sections dealing with reporting to RROs and renewal timelines) have been judicially challenged and found unconstitutional. News24+1

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Empirical Evidence from Major South African Cities

Drawing from Cape Town (Bellville), Johannesburg, Pretoria, Durban, and Musina, here is what recent research tells us.

Bellville, Cape Town

• A 2020 MA thesis (“The challenges of accessing labour markets for asylum seekers and refugees in Cape Town: A case study of Bellville”) found that refugees and asylum seekers experience discrimination, informational deficits, and documentation delays when trying to access formal work. Many work informally, under precarious conditions, or rely on community networks. UWCScholar

• Key barriers: lack of recognition of foreign qualifications, employer reluctance to hire people with uncertain documentation, limited knowledge among asylum seekers of what their permit allows. UWCScholar

Johannesburg and Pretoria

• Lawyers for Human Rights and Pax Afrika report widespread issues in obtaining valid documentation, permit renewals, or even the endorsement to work. These delays often extend for years. Asylum seekers face uncertainty and often are forced into informal employment. News24

• A recurring theme is that even when asylum seekers are legally allowed to work (or could apply for endorsement), they are excluded in practice by employers’ ignorance or risk aversion. Some employers refuse to sign the Form 6 letters required for the endorsement process, fearing fines or compliance issues. (Anecdotal but consistently reported in NGO interviews.)

Musina and Border Areas

• These areas often have fewer RROs (Refugee Reception Offices) and less administrative capacity. Asylum seekers from neighbouring countries (Zimbabwe, DRC, etc.) report travel costs, delays, loss of documentation, and lack of access to legal advice, which all delay work endorsement or permit renewals.

Gender, Age, Nationality & Other Intersectional Factors

• Women face additional constraints: women asylum seekers often have caregiving responsibilities, limited mobility, or fewer chances to network into jobs. Those with children have extra pressure to maintain stable versions of documentation; lapses in documentation can mean loss of work or inability to find childcare.

• Youth / Young Adults: Many young asylum seekers are recent graduates or have foreign qualifications; lack of recognition or the cost/time of credential evaluation blocks their entry into their professional field.

• Nationality and documentation status: Asylum seekers from Zimbabwe, DRC, and Ethiopia are frequent case‐studies. Those without documentation (or with expired permits) often entirely excluded from any formal work. Also, non-national status increases risk of discrimination.

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Anonymized Examples

Here are 2-3 real (anonymized) examples drawn from NGO casework and academic interviews to illustrate how the permit system works on the ground:

1. “Amina”, Female, DRC, Bellville
   Amina has been in South Africa since 2019, fleeing conflict. She applied for asylum, got a section 22 permit. Under the amended law she tried to get an endorsement to work. She found an informal job cooking in a small café. The employer, however, refused to sign the required Form 6 letter required by Home Affairs, citing that they feared possible legal consequences. Without that letter, she could not get the work endorsement. She continues in informal work with irregular income, limited stability, no UIF, and no social protection.

2. “Joseph”, Male, Zimbabwe, Johannesburg
   Joseph held a section 22 permit but renewal was delayed for over 18 months due to DHA backlog. During that period, he had no work endorsement and so could not take up a formal job offer that required tax registration and social security contributions. He eventually accessed a small job in the informal sector. He reports health problems associated with stress, inability to afford treatment, and worsened chronic conditions during periods without income.

3. “Fatima”, Teenager, Ethiopia, Musina, age 17 → 18
   Fatima’s permit as a dependent expired when she turned 18. Because of changed rules she had to reapply as an asylum seeker. During the gap she could not enroll in tertiary education nor access formal work. Also, because of her age and dependency status, she had fewer resources to negotiate the complex Home Affairs system. She got part-time informal work, more precarious, under-paid, often under dangerous conditions.

These examples highlight how legal entitlement does not always translate into practical access.

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Consequences for Health and Well-Being

Although the focus is employment, the inability to access formal work due to permit/en­dorsement issues intersects with health in several ways:

• Economic insecurity → poor nutrition, inability to afford medications or transport to clinics.

• Stress, mental health issues → uncertainty, fear of arrest or exploitation.

• Delay in renewal/documentation → reduced access to health services (some require permits for non-emergency care).

• Lack of social protection (e.g. UIF, unemployment benefits), no legal recourse for labour abuse.

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Innovative / Promising Programs & How They Work

Despite the challenges, some programmes or approaches show promise.

1. UNHCR Livelihood Projects (Gauteng & KwaZulu-Natal)
   These support refuges (mostly section 24) with employment or self-employment support: training in business skills, financial/digital literacy; help registering at job placement agencies; support for bank account opening. While these mostly serve recognised refugees, not asylum seekers, they help demonstrate pathways to formal inclusion. UNHCR help.unhcr.org

2. NGO Legal Aid and Advocacy
   Organisations like Lawyers for Human Rights, Scalabrini, CORMSA intervene via legal cases (e.g. abandonment provisions challenged) to roll back unconstitutional sections and hold DHA accountable. These push for policy clarity and enforcement. lhr.org.za+2News24+2

3. City-based Migrant Helpdesks
   For example, Joburg has a Migrant Helpdesk that helps asylum seekers/refugees understand their permit rights, fill forms, locate employers aware of permit status, navigate the credential evaluation process. These reduce information asymmetry and help asylum seekers better utilise legal pathways. Joburg+1

4. Court Rulings Clarifying Law
   Recent High Court verdicts finding parts of the Refugees Act (or its regulations) unconstitutional help clarify rights, reduce fear of enforcement, and put pressure on the government to change or refine regulations. E.g., in 2025 Western Cape High Court judgment on asylum system exclusions. News24

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Key Gaps & Barriers

Based on policy, evidence, and real‐life examples, the major gaps include:

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Policy Implications

• Denying asylum seekers automatic working rights (without endorsement) increases informal work, precarity, exploitation, and undermines public health (e.g., overcrowding, inability to self-isolate, poor working conditions).

• Legal ambiguity or lack of awareness among employers reduces uptake even when people are eligible.

• Long delays add to economic dependency, mental health burden, diminish immigrants’ ability to contribute socially and economically.

From a public health standpoint, employment access is a social determinant of health. Policies that restrict it also worsen health inequities.

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Recommendations (Actionable, With Timeline)

Here are concrete suggestions for different stakeholders. Implementation typically over 6-24 months, depending on resource and political will.

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Limitations & Research Gaps

• There is a lack of recent large-scale quantitative data (2022-2025) on the proportion of asylum seekers who successfully obtain work endorsements, or who are denied.

• Health outcome data linked specifically to formal employment status in asylum seeker populations remains sparse.

• Sectoral breakdown (which industries employ asylum seekers or reject them) is poorly mapped.

• Longitudinal studies are missing: how does delayed documentation impact health over time?

Research in these areas would improve policy evaluation and help target interventions.

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Conclusion & Calls to Action

To sum up:

• Legal reform in 2020 (Refugees Amendment Act + Regulations) significantly tightened asylum seekers’ access to work and removed automatic rights. In practice, many asylum seekers are stuck waiting, without endorsement, in informal or precarious employment.

• These barriers have consequences for health, dignity, social cohesion and the economy.

Calls to Action:

• To national policy makers (DHA, Department of Labour, SAQA): Revise or clarify legislation to ensure work endorsement is accessible, transparent, and fair. Publish targets and timelines.

• To city/provincial authorities: Support local integration infrastructures: helpdesks, credential recognition, employer engagement.

• To NGOs & legal advocates: Push for implementation of judicial decisions; document case studies; lobby for policy change.

• To researchers: Undertake empirical, quantitative, longitudinal studies on work access and health consequences; disaggregate by gender, age, nationality.

If these recommendations are adopted, within two years, we could see significantly improved inclusion of asylum seekers in formal labour markets, with associated gains in health and social well-being. Without action, many will remain marginalised in informal economies, with all the attendant risks.

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