Ad Hoc Query on limiting access to material reception conditions as a result of being employed in the receiving country
This ad hoc query explores the legal frameworks and practices of EMN Member Countries to understand how they link reception conditions to whether an asylum seeker is legally employed.
Background:
Poland is considering linking social assistance and medical care for asylum seekers to their income and medical insurance. To gain insight into how other countries approach this, EMN Poland requested EMN Member and Observer Countries to clarify whether their legislations allow to limit access to material reception conditions if the applicants have sufficient resources as a result of being employed in the receiving country and if so, how and under what conditions.
Respondents:
23 EMN Member and Observer Countries, including BE, provided a public answer to this ad hoc query.
Findings:
A preliminary analysis of the results of the ad hoc query shows that:
- Some EMN Member Countries restrict access to material reception conditions for asylum seekers if they have sufficient income or are employed in the receiving country. For instance, HR’s Act on International and Temporary Protection allows for the restriction or denial of reception conditions if an applicant has enough means to support an adequate standard of living. In IT, applicants whose income exceeds the social allowance threshold are excluded from the reception system.
- In other countries, while reception conditions are not withdrawn, applicants with income may be required to contribute financially based on their earnings. BE, NL and FI follow this approach, expecting financial contributions from applicants who have income.
- Most EMN Member Countries assess the financial situation of asylum seekers through self-declarations, where applicants must report all income and funds to reception centres. Many countries complement this with cross-checks using national databases or through employer statements. In BE, for example, applicants must report their income, and the national reception authority (Fedasil) cross-checks applicants' data in the Social Security databank (Banque-Carrefour de la Sécurité Sociale) to identify those receiving income from employment.
For further details, please read the compilation of answers attached above.