Minister Van Gennip wants to help status holders who are waiting for housing find work through ‘activation’. While commendable, this begs the question: why are status holders not actively looking for work?
The reason is that the asylum procedure is inherently demotivating. When they first arrive, they want to work but aren’t allowed to. When they are allowed to work, there’s no work to be found. When they are finally granted legal status, they become eligible for benefits, which further reduces their motivation to work.
Successful Ukrainians
Refugees go through an asylum procedure before being granted residence status. This procedure generally takes one to two years to complete. Based on past figures, the majority of refugees are eventually granted a residence permit (2021: 73%). EU law dictates that after a nine-month waiting period, refugees are permitted to work during the asylum procedure. This, however, rarely happens.
The labour market success of Ukrainians has forced the Dutch government to face the facts. Ukrainian refugees are allowed to work two days after they arrive, while asylum seekers are not. As a result, 46% of Ukrainian refugees find work within a year, compared to only 10% of status holders and an estimated 2% of asylum seekers. This is not because they don’t want to work, but because they are largely prevented from doing so.
What the Ukrainian example clearly demonstrates is the effect of direct access to the labour market. The government regulated their access and companies hired people without the intervention of 'activation programmes'.
Complex procedure
Ukrainians live in the Netherlands for other reasons, were allowed to work immediately and also found work immediately without intervention. With good examples from their surroundings, they quickly found their way. Even Ukrainians who thought they might not be able to work because of the language barrier also found a job. For employers, hiring is simple: in many cases a UWV notification will suffice.
The contrast with asylum seekers is stark. They are only allowed to work six months after arrival. Many assume they won’t be able to find work – and most don’t. For employers, hiring an asylum seeker means starting a complex UWV work permit procedure. Given the alternative, they would much rather hire a Ukrainian refugee.
It has been known for years that the regulations that demotivate asylum seekers violate European law. The main bottleneck is that asylum seekers are only allowed to work 24 weeks a year. Obtaining a work permit and a citizen service number is difficult, the rules on remitting wages to the COA are unclear, and asylum seekers are regularly relocated. All of these things limit access to the labour market.
Minister awaiting new research results
In reality, asylum seekers do not have access to the labour market. In 2021, the state advocate informed the House of Representatives about the legally questionable 24-week work limit. Yet the minister is still awaiting new research. Whatever your political persuasion, all asylum seekers benefit from early access to the labour market.. Working does not influence the outcome of status applications. A comparison with Belgium, where asylum seekers are allowed to work just four months after arrival, shows no pulling effect. As Van Gennip rightly points out in her letter, we need this workforce.
The proposed activation themes serve as a good support framework, but what asylum seekers really need is proper access to the labour market during the asylum procedure. Allowing refugees to work soon after arrival contributes to a reduction in reduce asylum costs and benefit dependency, helps prevent social exclusion and makes government reactivation programmes unnecessary. So what are we waiting for?
This article is a translation of a piece in Dutch written by Tesseltje de Lange and Raphaël Nouwen and previously published in Trouw. Photo by Ketut Subiyanto via Pexels.
Petition: Relax rules on asylum seekers' access to work
Researchers at Radboud University's Centre for Migration Law recently launched a petition calling for the Dutch government in general and Minister Van Gennip in particular to relax the rules on asylum seekers' access to work.
The text of the petition is based on studies showing that Dutch policy conflicts with European and international law and that granting access to work is better for the welfare of asylum seekers. It increases their chances of finding work after they are granted status and reduces the likelihood of having to rely on government benefits. Moreover, it contributes to their willingness to return, should the application be rejected.
Because of labour market shortages and the fact that displaced Ukrainians have been given (and eagerly take advantage of) direct access to the labour market, the need for change has been brought to light. D66 MP Anne-Marijke Podt has drafted a memorandum calling for asylum seekers to be included from day one. This memorandum will be discussed in the House of Representatives on 5 June. Several municipalities have also launched pilots to facilitate access to employment.
You can sign the petition ‘Relax employment regulations for asylum seekers’ at https://werkenasielzoekers.petities.nl/