Zimbabwean asylum seekers to work in UK?

Zimbabwean asylum seekers to work in UK?

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By Rumbidzayi Bvunzawabaya
Posted to the web: 04/09/2008 14:41:17
YEARS of campaigning appear to be paying off for Zimbabwean asylum seekers in the United Kingdom.

Information arrives this week that the Border and Immigration Agency (BIA) is trying out a scheme to give Zimbabwean asylum seekers permission to work.

We have made checks with the BIA who have stated that the Home Office are considering applications for permission to work from any Zimbabwe nationals with an outstanding asylum claim.

If the applicant has an allocated caseworker, they should contact them directly if not they should write to:

UKBA
Asylum Casework Directorate
Lunar House
Croydon
CR9 2BY

Or Fax 0208 196 3248.

Remember to include the following information: Name; Address; HO Ref Number; Applicant's signature and the following statement: “I would like to know if I can have permission to work.”

If the case is straightforward, the CEBU team will deal with it and if it’s more complicated, then it will be passed onto a Legacy Team.

It appears that the BIA have changed their stance on granting Zimbabwean asylum seekers permission to work.
Refugee Support groups have been campaigning for permission to work and this campaign culminated in a rally that was held on July 11, 2008, in London. The Strangers into Citizens rally was organised by London Citizens, the capital’s largest alliance of civic organisations.

Recently, the Independent Asylum Commission which has been conducting a two-year citizens' nationwide review of Britain’s asylum system as far as it relates to rejected asylum seekers unable to return to their countries recommended that they be allowed to work.

Despite statements condemning the situation in Zimbabwe, the British government continues to force Zimbabwean asylum seekers into destitution, and to tell them to return home.

There has been no official statement from the UK Borders Agency confirming that Zimbabwean asylum seekers are being given permission to work. However, asylum seekers have nothing to lose by faxing their details to the number given above. The response can only be one of two: either a Yes, or a No.

The employment concession was introduced in 1986. Asylum seekers were allowed to apply for permission to work if, after six months, they had not received an initial decision on their claim. Only principal asylum applicants were permitted to work; dependants of main applicants who were 16 and over were denied permission to work.

But on July 23, 2002, the Home Office announced its decision to withdraw the employment concession (also known as the “permission to work” or “work concession”) with immediate effect.

The immigration rules now allow asylum seekers to apply for permission to work if they have not received an initial decision in their asylum case for a period of 12 months. This provision is contained in paragraph 360 of HC385.

The relevant paragraph reads:

360: An asylum applicant may apply to the Secretary of State for permission to take up employment which shall not include permission to become self employed or to engage in a business or professional activity if a decision at first instance has not been taken on the applicant's asylum application within one year of the date on which it was recorded. The Secretary of State shall only consider such an application if, in his opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant.

360A: If an asylum applicant is granted permission to take up employment under rule 360, this shall only be until such time as his asylum application has been finally determined.

With the introduction of NAM, it is now not often the case that an asylum claim can go for one year without an initial decision being made and therefore very few people qualified for the employment concession.

It appears that the UK Borders Agency may have heeded calls to allow Zimbabwean asylum seekers permission to work as they cannot be returned due to the political crisis back home.

Granting asylum seekers permission to work will benefit not only the asylum seekers but the government as this will reduce the number of families claiming support under the NASS Scheme and will reduce government expenditure in this regard.

Disclaimer: This article only provides general information and guidance on immigration law.. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The writer will not accept any liability for any claims or inconvenience as a result of the use of this information.

Rumbidzai Bvunzawabaya is a Solicitor at RBM Solicitors. A firm based in Coventry and can be contacted at info@rbmsolicitors.co.uk. Telephone: 02476243685
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