UKBA publishes guide on employing refugees and asylum seekers
August 4, 2010 by Webmaster · Leave a Comment
New guidance on recruiting refugees and asylum seekers has been published by the UK Border Agency.
The booklet, Guidance for employers on illegal working: refugees and asylum seekers, gives employers clear information on the documentation checks they need to carry out when recruiting refugees and asylum seekers.
It also includes details of the employment rights of refugees, the bespoke documentation that they are issued with in place of a national passport and how refugees differ from other foreign nationals in the UK.
The guidance also includes the steps employers should take for refugee job applicants who have come to the end of their leave, and have now applied for further leave to stay here.
According to the Refugee Council, refugees too often face a number of barriers accessing work and many employers do not recognise the Home Office documentation given to refugees, or are not aware of the employment rights of refugees who have temporary leave to remain in the UK.
Donna Covey, chief executive of the Refugee Council said: “We and our partners have been recommending the UKBA publish new and up-to-date guidance for employers for some time, so we are delighted they have now done so.
“We would urge employers to take heed of the new booklet, to ensure they not only recognise refugees’ right to work in the UK, but so they can also capitalise on the amazing skills and talents refugees can bring to the British workplace.”
UKBA bids to restrict jobs for asylum seekers
July 31, 2010 by Webmaster · Leave a Comment
By Alan Travis
Home Office ministers are trying to thwart the impact of a supreme court ruling lifting a work ban on 45,000 asylum seekers by severely restricting the jobs they can apply for.
The immigration minister, Damian Green, wants to bar the asylum seekers from more than 28.5m jobs and restrict them to industries in which there are official staff shortages.
Home Office officials are investigating the possibility of telling asylum seekers they can apply only for vacancies among 400,000 skilled jobs in shortage occupations – a tiny fraction of the jobs in the UK economy. Asylum seekers would have to be qualified maths teachers, chemical engineers, high-integrity pipe welders or even experienced orchestral musicians or ballet dancers to have any hope of being allowed to work. The conditions mirror the restrictions of the points-based immigration system which bans unskilled workers from outside of Europe from working in Britain.
“Asylum and the right to work”
November 11, 2009 by Webmaster · Leave a Comment
Leicester & District Trades Union Council and Leicester Civil Rights Movement
public meeting
Speakers:
Wilf Sullivan – Trades Union Congress
Nkululeko Ndlovu – Leicester Civil Rights Movement
Aram Hamasaeed – Federation of Iraqi Refugees
Tuesday 8 December 7.30pm
Secular Hall, Humberstone Gate, Leicester (opposite Sainsbury’s)
For more information e-mail Bernard Harper, President, Leicester & District Trades Union Council on [email protected]
Right to work for asylum seekers
By George Tizirai-Chapwanya
Revisiting Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin)
IN THE Tekle judgement, Mr Justice Blake made a finding that the UK’s current rules which prevented the asylum seeker from taking employment are incompatible with the European Convention on Human Rights. He further said that any policy to refuse permission to work should be proportionate.
He concluded at paragraph 47 that. “….denying a claimant an ability to seek employment for some prolonged and indefinite period is capable of being a detriment in circumstances where it can be said to be an interference with the right to respect for private life.”
He went on to add that he expected the policy to be reviewed and reformulated in the light of this judgement within approximately three months. (This judgement was delivered on December 11, 2008).
Work can be defined as, the physical or mental effort or activity directed toward the production or accomplishment of something. It is purposeful application of mental or physical effort. In this regard, the engagement in work brings human dignity as an individual is able to rely on himself for survival as work is paid for by corresponding wages.
However, currently in the UK, asylum seekers are not allowed to work unless a decision in their claim is not made within twelve months and also the delay was not of their making.
The most worrying factor is that when someone has had their asylum application refused, and having exhausted all appeal rights, but still un-removed from the UK, one is still not allowed to work. In respect of Zimbabwean nationals, there have not been any forced removals since November 2004 and the policy of no removals to Zimbabwe remains.
The question which bothers many Zimbabwean failed asylum seekers is why they are not allowed to work in the meantime, given that their removal to Zimbabwe has been put on hold. The UK Border Agency maintains that a distinction must be drawn between entering the country for economic reasons and seeking asylum so that those whose applications to stay in the UK as refugees have been refused should not be seen to benefit economically through engagement in paid work.
However, is it’s arguable that those whose applications for asylum have failed and are not subject to imminent removals to their countries of origin should not unnecessarily overburden the tax payer by claiming asylum support benefits when they are capable of earning a living from their own labour.
A case can be made for allowing failed asylum seekers to work pending their removal from the UK. This can be an incentive for those who have remained underground to come out in the open.
Can the UK Border Agency’s continued denial of failed asylum seekers’ right to work be brought under review in the High Court?
Article 3 European Convention on Human Rights provides that, “no one shall be subjected to torture or to inhuman or degrading treatment or punishment” and Article 8 provides that, “everyone has the right to respect for his private and family life, his home and his correspondence.”
What I want to argue is that denial of right to work by the UK authorities, apart from engaging the UK’s obligations under the right to private life, Article 8 of the European Convention on Human Rights (as recognised in the Tekle case) may also amount to inhuman or degrading treatment as reliance on hand-outs may amount to deprivation of human dignity.
It may be appropriate to make an assessment of a number of applications for permission to work from failed asylum seekers including those who have filed fresh applications for asylum. The current process involves faxing your application to the UK Border Agency and waiting for a response. Following this assessment process, an application for judicial review can then be made to the High Court with a view of determining whether it is now an opportune time to revise this policy framework.
It is also pertinent in this regard to remember the following observations made by the UK Prime Minister: “I can confirm also that we are actively looking at what we can do to support in this country Zimbabweans who are failed asylum seekers, who cannot work and prevented from leaving the UK through no fault of their own.
“They are provided with accommodation and vouchers to ensure that they are not destitute, but we are looking at what we can do to support Zimbabweans in that situation and we will report back to the House in due course. However I repeat … that no-one is being forced to return to Zimbabwe at the present time.”
This was in response to Nick Clegg (Liberal Democrats)’s question: “Nearly three weeks ago, I asked the Prime Minister to allow Zimbabwean asylum seekers to have the right to stay in the UK and to work to support themselves before they return home. He said he would think about it. What has he actually decided? What is he actually going to do?”
It would appear that whilst there has been a recognition that something needs to be done about the right to work for failed asylum seekers, the evidence on the ground suggests that the UK Border Agency continues to deny them the right of work.
In view of the period of review set by the High Court, and also the Prime Minister’s observations in the House of Commons, this should be an opportune time to seek a judicial pronouncement in respect of the right to work for failed asylum seekers.
George Tizirai-Chapwanya is a solicitor with Bake & Co Solicitors. He can be contacted on [email protected] or visit Bake & Co Solicitors’ website
‘Let asylum seekers work’, says Bishop
July 17, 2009 by Webmaster · Leave a Comment
(Ekklesia) – A bishop has called for an overhaul of the asylum system and for asylum seekers to be given the right to work.
The call from the Bishop of Leeds, John Packer, follows the publication of major report by the Joseph Rowntree Charitable Trust, exposing a worsening crisis for refused asylum seekers with many from the most troubled parts of the world living in conditions of homelessness and destitution.
Bishop John Packer was speaking at the launch of ‘Still Destitute’, the third report by the Trust on the destitution being experienced by asylum seekers in Leeds.
The report looks particularly at the plight of ‘un-returnable’ refugees who had mainly fled from Zimbabwe, Eritrea, Iraq and Iran. It focussed on 232 individuals, including 30 children, who sought help from four Leeds voluntary agencies helping refugees and asylum seekers during April and May this year.
It found that more than a third of all refused asylum seekers had been homeless for more than a year, sleeping on floors or even outdoors at night. All were dependent on voluntary, charity and church groups for support and many were suffering physical and psychological ill-health as a result.
Bishop Packer said the rule preventing asylum seekers from working should be reversed and that the government’s New Asylum Model was failing. It should be overhauled as a matter of urgency.
“It is important that we are aware that this is a continuing problem” he said, “particularly because one of the things to take from the report is that the New Asylum Model is not working. The Government’s assertion that it is, needs to be challenged as often as we can.
“The right to work seems to me to be the biggest single contribution that could be made to alleviate the situation.”
Bishop Packer said many families were slipping through the net because, through no fault of their own, they could not return home.
“One of the most bizarre situations is that we can request people to return to countries we know are unsafe and the Government knows are unsafe and to which they cannot be returned anyway.” He said children needed particular protection.
“One of the values shared by people of all faiths and none is that every individual matters. But a teacher put it to me this way: The government’s policy is that ‘every child matters’ unless they are the child of an asylum seeker.”
The report calls on the Government to grant temporary leave to remain for those who cannot return to their country of origin, to make continuation of support automatic until an individual leaves the UK and to ensure access to proper legal representation at all stages of the asylum process.
Rocking against racism
May 2, 2009 by Webmaster · Leave a Comment
By Katherine Vine
MUSICIANS will be rocking against racism at a May Day march organised to fight the BNP.
Up-and-coming indie band The Score will join trade unionists, refugees and asylum seekers to demand the right to work for all, despite Britain’s economic problems.
Geoff Brown, secretary of Manchester Trades Council and one of the organisers, says they fear the far-right party will use the recession to attack foreign workers and divide communities.
He said: “As trade unionists we know we must remain united and show solidarity. We will not tolerate the racism of the BNP and their divisive tactics.”
The Score are brothers Matt and Thomas Boon from Sale and Michael Keenan from Stretford, plus Calvin Hargreaves and Simon Taylor.
Guitarist Matt studied at Altrincham’s Blessed Thomas Holford Catholic College with drummer Thomas and singer Michael.
He is looking forward to the gig and says: “It will be something a little bit different but it should be really good.
“We have been together and gigging around Manchester for about two years now and we actually do quite a lot of charity gigs. We did something with Key 103 for Cash for Kids, so this gig is perfect for us.”
The band found out about the march from bassist Calvin, who is employed by shop workers’ union USDAW. Calvin said: “One of the people involved in organising the event asked me if we would like to get involved – it’s a good opportunity for us and a good cause.
“We are keen to play at the demonstration and support the right to work for all.”
The march has been organised by Love Music, Hate Racism, Manchester Trades Union Council and the Manchester Committee to Defend Asylum Seekers.
They will march to Castlefield from All Saints Park, off Oxford Road in central Manchester.
The marchers will be protesting against those responsible for the country’s economic collapse and demanding the right to work for all.
Mr Brown added: “We are urging voters to make sure its candidates do not get elected ahead of the European elections on June 4. This is the deepest recession for 70 years and workers are angry and concerned.
“But we want the right to work for all, including refugees, migrant workers and people who have come to this country seeking asylum.” – Metro News
Church of England’s synod may back asylum seeker’s right to work
February 13, 2009 by Webmaster · Leave a Comment
Following its vote on Tuesday to ban its clergy and workers from membership of the BNP, the Church of England’s General Synod may call for the right to work for asylum seekers in the UK.
Today (Friday) the synod (or ‘Parliament’) will vote on a motion about the ‘intolerable situation’ of people refused asylum living in destitution.
Synod members are expected to condemn the government’s use of destitution as a tool of public policy.
A motion for debate entitled ‘Justice and asylum seekers’ has been tabled by the Diocese of Southwell & Nottingham. It calls for the right to work for people seeking asylum and for an amnesty for the massive back-log of “legacy” cases which predate the government’s ‘New Asylum Model’.
It says that “care for the vulnerable, welcome for strangers and foreigners” is an essential part of the Christian message.
Niall Cooper, National Coordinator of Church Action on Poverty, said: “Across Britain many churches are picking up the pieces of the government’s despicable use of destitution to try to force asylum seekers out of the country. For many people refused asylum there is no safe route back so they are stuck in limbo here. For the last few years our Living Ghosts campaign has been seeking to ensure the principle of ‘work for those who can, support for those who can’t’ should include all people on these islands, which includes people refused asylum.”
The full text of the motion is as follows:
“That this Synod, continuing to affirm scriptural teaching about care for the vulnerable, welcome for strangers and foreigners, and the Church’s calling to reach out to the marginalized and persecuted, call upon Her Majesty’s Government:
(a) to ensure that the treatment of asylum seekers is just and compassionate, and to that end to consider:
(i) conferring a right to work on all asylum seekers, and
(ii) declaring an amnesty for so called ‘legacy cases’ that predate the Government’s New Asylum Model;
(b) to find a practical and humane remedy to the intolerable situation of destitute ‘refused’ asylum seekers who are unable to return to their country of origin because of personal safety, health or family reasons.’ – Ekklessia
The Right to Work
December 2, 2008 by Webmaster · Leave a Comment
In 2002, the government made it illegal for people claiming asylum to work. In April 2008, the Refugee Council and TUC launched a joint campaign, Let Them Work campaigning for the right to work for asylum seekers, as a fundamental human right. On our own discussions and interviews with refugees and asylum seekers, together with campaigners and activists, work was often identified as the most important policy change that would improve the lives of asylum seekers in the UK.
At our roundtable discussion hosted in London, Ms B, a refugee from Bosnia, Ms B, community outreach worker and Mr A, a refugee from Afghanistan discuss the right to work.
Ms B, a refugee from Bosnia: We Bosnians had a country of four million people and 500 ended up here in Britain. But in my country there was ethnic genocide: so, if you met a Bosnian, you didn’t know who you were talking to. I don’t want to know my so-called ‘community’ any more: that’s why I left. Eritreans and Iraqis and Somalis are my community but not where I came from! And what we have in common is that we are here. Some of us began to feel that they belonged when they started their English for Speakers of Other Languages (ESOL) classes. But my integration started to happen the day I began work.
If you look at those who are allowed to stay now: they are not allowed to work and they have cut ESOL. So your basic conditions prevent you from having any contact with other human beings whoever they are. So unless you are in such a good state of mental health and have no trauma and are happy to go out into community centres to celebrate diversity – what is going to happen to you? How do you begin to become part of society if you are not allowed benefits, language classes, permission to work, and all you are allowed to do is to physically breathe the air and that’s it?
I am really bothered by the fact that people are not allowed to work. Work is so important and if you are going to spend your best years not being allowed to work it is like being in a prison. It is a prison. People just take that right for granted and I don’t think British people can relate to the experience of those who are forbidden to work. You cannot work because the Government tells you, you simply can’t work.
Ms B, community outreach worker: My father had to retire from the army at 55 and it took about 5 years for him to get over it. He was disoriented – perhaps you can link something like that to the asylum-seeker experience so that people will understand it. It’s a big campaign now by the TUC and the Refugee Council – the right to work – and it’s very good that the unions are involved.
Mr A, a refugee from Afghanistan: If every local council or borough created a support group made up of volunteers – native English people and refugees who have been here for longer – that could really help people like me coming into the community.
In my case there were so many problems with no-one at all to ask. When I first tried to apply for a job, I was accepted for a job that demanded my home address. I had been living in England for two years, so I sent the postcode of my address. After three weeks, a reply came, saying – OK that’s your address for the last two years – but we need it for the last five years. I thought, ‘Five years – so what shall I say about Afghanistan? This should be interesting’. My home in Afghanistan didn’t have a house number. We have a small village and no house numbers. It is ‘the green house’, ‘the blue, the white house’ – that’s all. And we don’t have post codes in Afghanistan – yet! So I decided to send off what I could – the name of the village. After two months another reply came: Why didn’t you put the number of the house and the postcode? So, then I put house no.1, top bell and postcode 0101199 – and then it was acceptable! It took a long time to get there. Had there been someone to ask…
There was another time when I got a reply after one year for a nice job, not in the medical field, my area of expertise. They said, fill in the form and write 200 words about your own background. These 200 words drove me mad. I can speak English – but I knew that if I tried to write it down, everything would be wrong – the vocabulary, the grammar, the spelling – I knew nobody to help me. That’s not quite true – I knew one neighbour – a nice man and a good friend to me. But when I’d asked him, what does ‘hide’ mean – he’d said after a while, “Oh God, I know what it means, but I can’t explain it to you…” and I felt so sorry for asking such a difficult question. Then he went behind the wall and crouched down and said, “Look, I’m hiding from you”.
Not everyone can answer all one’s questions – that’s my point. Sometimes it’s not so easy to explain things. With other neighbours, you might not have the nerve to tell them how hopeless you are – that you cannot write, that you don’t know this and that that should be obvious to anybody!
So with them you have a different relationship – Hi Steve, Hi Assad – but if there was a centre you could go to be supported by a local borough. There you could tell people, “Look I can’t write this, and I’m applying for the job of a milkman so, my English is good enough for this job…” There are many refugees who would be willing to be volunteers to help other people. I gave up with this application – I must be honest. I thought – I can’t do this. I am a mentor for somebody else, but I myself need someone to help me still on various other things – even after this long time.- Open Democracy
Asylum anomaly
November 4, 2008 by Webmaster · Leave a Comment
We often hear about people living off the state. But what about people who want to work, but who are, by law, prevented from doing so?
Gabriel Mulamba has a degree in electrical engineering and has worked as an engineer in a TV and radio station.You might, therefore, expect Gabriel would be highly employable on Teesside.But instead of going to work, he spends his days volunteering as a way of filling the time.It is not his fault that he does not have a job – it is the rules.
Asylum seeker
Gabriel, who came to the UK in 2003, is an asylum seeker and is waiting for his claim for asylum to be processed.Until that is decided, he is not allowed to work and must live off state benefits or the earnings of others.For a while, he lived on £35 of vouchers every week.
Gabriel even gave up this support when he moved in with his partner, who is on benefits, and his 13-month-old baby boy and seven-year-old stepchild.He is here because of desperate conditions at home. Like millions of other people, he fled the conflict in the Democratic Republic of Congo in fear of his life.
Described by some as Africa’s “Great War”… this is a conflict which has claimed, according to the Red Cross, an estimated 5.4m lives.Gabriel has experienced, amidst the hardship of life as an asylum seeker, great kindness.At one stage, when he was destitute, his church in Stockton supported him and the pastor’s family took him in and looked after him for a year.
Qualified Engineer
Teesside University allowed him to undertake his final year of an Electrical and Electronics Engineering Degree part time over two years, and it waived the fees.However, he feels his skills as an electrical engineer are going to waste, and may become redundant in the fast moving industry.
He has learnt English, acquired IT skills and worked as a volunteer – but he cannot even get a work placement in his chosen profession because of the laws preventing asylum seekers from taking on paid work.
Gabriel says he wants to work, and by doing so not just support his family, but also contribute as a taxpayer to the country from which he is seeking refuge.At the moment, he cannot see any future.
Life ‘in limbo’
The government says it is aiming to speed up decision making in asylum cases, which will mean the backlog should be dealt with by 2011.But that is another three years away, and for people like Gabriel, that could mean another three years in limbo.
He may now be safe, but he and his partner are unable to make long-term plans, and in the meantime, Gabriel is unable to pay his way. – BBC
*Gabriel was on the Politics Show on BBC One on Sunday 19 October 2008.
