Correction: The right to work has not expired for any asylum seeker on 1 June 2019 simply because of the law amendment

Due to amendments to the Aliens Act entering into force on 1 June 2019, there have been changes in asylum seekers’ right to work. The law amendment has turned out to be complicated: the interpretation of the law has proved challenging and has had to be discussed more than usual, both within the agency and with the Ministry of the Interior. We have removed the old customer bulletins from our website, so that the information they contained would not confuse our customers and their employers any more than it already has.

The right to work has not expired for any asylum seeker on 1 June 2019 simply because of the new law entering into force.

We sincerely apologise for not being able to communicate the matter in a sufficiently clear and timely manner.

Right to work as of 1 June 2019

Applicants who have submitted their asylum application before 1 June 2019:

• If you had the right to work on 31 May 2019, your right to work has continued to be valid and will remain valid until you receive an enforceable decision on your removal from the country. This means the date on which you can under law be removed from the country.
• If you had the right to work on 31 May and you have received an enforceable decision on your removal from the country before 1 June, your right to work will expire when the decision becomes final.
• If your right to work had not yet begun on 31 May, it will begin 3 months from the date you submitted your application if you have a valid travel document. If you do not have a valid travel document, the waiting time is 6 months.
• Your right to work will expire if you are granted a residence permit on any grounds. After this, your possible right to work will be based on the residence permit you have been granted.

Applicants who have submitted their asylum application on 1 June 2019 or later:

• Your right to work will begin 3 months from the date you submitted your application if you have a valid travel document. If you do not have a valid travel document, the waiting time is 6 months.
• If you submit a new asylum application, the waiting time will start over again from the beginning. This means that your right to work will be interrupted for a period of 3 or 6 months.
• Your right to work will expire when you receive an enforceable decision on your removal from the country. This means the date on which you can under law be removed from the country.
• Your right to work will expire if you are granted a residence permit on any grounds. After this, your possible right to work will be based on the residence permit you have been granted.

Where can an asylum seeker and his or her employer get information about the asylum seeker’s right to work?

Asylum seeker:

• If you receive a positive decision, you can check your right to work in the decision or on your residence permit card.
• If you receive a negative decision, you should check the decision to see when your right to work expires.
• The decision will be served to you in your mother tongue or another language that you understand. If necessary, we will use an interpreter or a translator when we serve the decision to you.
• If you have not yet received a decision, your employer can for the time being verify your right to work by phone from Monday to Friday at 9–12. If you have received a positive decision, you should present your residence permit card to your employer to show your right to work.

Employer:

• For the time being, you can check an asylum seeker’s right to work by phone from Monday to Friday at 9–12.