Author
Asylum seekers’ access to the labour market is regulated by the Law of 9 May 2018[1] and the implementing Royal Decree of 2 September 2018.[2] Asylum seekers who have not yet received a first instance decision on their asylum case within 4 months following the lodging of their asylum application are allowed to work until a decision is taken by the CGRS, or in case of an appeal, until the CALL has notified a negative decision. However, they are not allowed to work during the appeal procedure before the CALL if the procedure at the CGRS did not last longer than 4 months.[3]
Asylum seekers who lodge a subsequent asylum application are not able to work until the CGRS declares the application admissible and they receive an orange card.
The right to work is mentioned directly on their attestation of matriculation (‘orange card’), so a separate work permit is no longer needed. The asylum seekers can work in the area they chose. Adult asylum seekers who have access to the labour market can register as jobseekers at the regional Offices for Employment and are then entitled to a free assistance programme and vocational training. In practice, however, finding a job is difficult during the asylum procedure because of the provisional and precarious residence status, the limited knowledge of the national languages, the fact that many foreign diploma are not considered equivalent to national diplomas, and labour market discrimination.
If an asylum seeker resides in a reception facility (individual or collective) and is employed, they have an obligation to contribute with a percentage of their income to the reception facility and is excluded from any material reception conditions if their income is higher than the social welfare benefit amounts mentioned above and the working contract is sufficiently stable (see Reduction or Withdrawal of Reception Conditions).[4]
Participation of asylum seekers to the Belgian society, including through employment, is indicated as one of the priorities in the management plan of the federal agency for the reception of asylum seekers (Fedasil) for 2021-2026. To this end, Fedasil has created a service “participation to the society” in 2021, that aims to support and promote employment of asylum seekers. This service has reinforced its network with organisations working on employment and concluded agreements with specific sectors, such as the construction sector, to promote referrals of asylum sectors to jobs in that sector. In several reception facilities, job days are organised where employers or employment agencies can meet the residents and promote jobs. In certain regions, a project is put in place with coaches who support reception centres in their initiatives concerning employment.[5] Public employment services, such as VDAB, promote employment of asylum seekers by offering support to employers, such as advise and language coaching on the work floor.[6]
Impact of the reception crisis (2021 – 2024)
Single male applicants for international protection who do not receive accommodation, face difficulties obtaining their temporary residence permit (orange card). Most local administrations require a fixed residency to obtain a temporary residence permit. Applicants without accommodation often sleep rough, thereby they are unable to obtain a fixed residency. This in turn makes it impossible for them to apply for a temporary residence permit, hindering their access to the labour market in practice.
Self-employment
Asylum seekers are also eligible for self-employed labour on the condition that they apply for a professional card. Only small-scale and risk-free projects will be admitted in practice.
Volunteering
Asylum seekers are allowed to do voluntary work during their asylum procedure and for as long as they have a right to reception.
Community services
Asylum seekers are also entitled to perform certain community services (maintenance, cleaning) within their reception centre to increase their pocket money.[7]
[1] Law of 9 May 2018, Law on the occupation of foreign nationals in a particular situation of residence, available in Dutch at: https://bit.ly/2XH2Pcb.
[2] Royal Decree of 2 September 2018, available in Dutch at: http://bit.ly/3Kc36NH
[3] Article 18, 3° and article 19,3°Royal Decree on Foreign Workers, 2 September 2018.
[4] Articles 35/1 Reception Act and Royal Decree, 12 January 2011, on Material Assistance to Asylum Seekers residing in reception facilities and are employed (original amounts without indexation).
[5] Fedasil, Employment of asylum seekers, available in Dutch and French at: https://bit.ly/4aygjfk.
[6] VDAB, Employing asylum seekers, available in Dutch at: https://bit.ly/3xd8gWV; VDAB, Talent speaking another language, available in Dutch at: https://bit.ly/4axOcN0.
[7] Article 34 Reception Act.