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Asylum seekers can't work, but they can get an education
By Taffy
Nyawanza
PHOENIX Zimbabwe is a UK trust which seeks, amongst
other aims, to relieve financial hardship and unemployment among Zimbabweans
who have sought asylum and those granted refugee status in the United
Kingdom by providing vocational and skills training, advice and support
so as to advance them in life and enable them to make a contribution
to rebuilding Zimbabwe. Its trustees include prominent members of parliament
and House of Lords peers.
Phoenix Zimbabwe have come up with funding, on average £2500 per
successful applicant, to fund the education of Zimbabweans, especially
failed asylum seekers.
In addition, their members are separately involved in a high profile
cross-party campaign by parliamentarians to obtain permission to work
from the government for failed asylum seekers from Zimbabweans.
The plight of Zimbabweans who find themselves in limbo in that they cannot be returned to Zimbabwe and equally cannot move on with their lives in the UK is getting serious attention at last.
A good number of Zimbabweans living in the UK find themselves destitute
because they receive only minimal welfare support or, in many documented
cases, no support at all
It is widely accepted that most Zimbabwean asylum seekers are well educated.
The scandal, according to the campaigners, is that their skills are
going to pot. The argument of the campaigners is that by working in
the UK, their skills could be nurtured and developed so that when it
is safe for them to return home they would be ready to participate in
the rebuilding of a new Zimbabwe.
The context of the work of the Phoenix Zimbabwe trust is that, whilst there are no legal restrictions to studying in the UK for asylum seekers, there are serious limitations in terms of the available funding.
Generally in order to study in the UK, the following criteria is applicable:
• The prospective student must be able to meet the entry requirements of the course by having the required level of English and any relevant qualifications or experience, and
• He must be able to pay for the course and support himself while
studying.
For the avoidance of doubt therefore, asylum seekers and refugees are
entitled to study any course at any level, as long as they are able
to satisfy the entry requirements and can pay the course fees.
Having said this, there are some important changes that became law since July 23, 2002, which need highlighting. Since then, asylum applicants are no longer able to work (unless an initial decision remains outstanding after 12 months) or undertake vocational training until they are given a positive decision on their asylum application.
With respect to
vocational training specifically, the position is premised on the understanding
that the majority of vocational training programmes are employer-based
government supported training schemes such as the Work Based Learning
for Adults. Only asylum seekers with permission to work may be able
to take such vocational training arranged through an employer.
It follows, therefore, that if the training were not government funded,
this restriction would fall away. Specifically, there is no prohibition
in law, or otherwise, in funding skills training that falls outside
the specified employer-based government supported training schemes.
Generally government funded training programmes tend to be restricted because generally, persons with no leave to remain in the UK at all, or with limited leave are barred from accessing welfare benefits and the majority of government schemes and grants relating to training. In particular, asylum seekers are not eligible for any statutory financial support for education fees or any other costs, however long they have been in the UK.
Examples of government schemes and grants to which asylum seekers have no access include:
• the Educational Maintenance Allowances (EMAs) provided by Local Education Authorities,
• Student loans for education at the HNC/D and undergraduate level,
• Discretionary Awards (given by the LA to those thought most in need),
• Hardship Funds (awarded by the college or university to students who are thought most in need),
• Career Development Loans (CDLs) which are bank loans to help pay for vocational education or training.
It is also relevant to consider that the amount paid for a course depends on immigration status. The Education (Fees and Awards) Regulations 1997 and its Scottish equivalent created two rates of fees: ‘home fees’ and ‘overseas fees’. Asylum seekers, who have no access to most government schemes and awards in the first place, are faced with the hurdle of higher ‘overseas’ rate of fees.
It is in this context that the work of the Zimbabwe Phoenix Trust is timely.
You can apply for funding from Phoenix Zimbabwe by writing for an application pack at:
Phoenix
Zimbabwe
PO Box 273
Bexleyheath
DA7 9EB
Alternatively, you can contact Bake & Co Solicitors for more information regarding this scheme.
Taffy Nyawanza works for Bake & Co Solicitors of Birmingham. He can be contacted on info@bakesolicitors.co.uk, ph. 0121 616 5025 or visit Bake & Co Solicitors’ website at www.bakesolicitors.co.uk.
Disclaimer:
This article only provides general information and guidance on immigration
law. It is not intended to replace the advice or services of a solicitor.
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.
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