Iraqi Kurds seeking asylum in Europe: read before applying

Iraqi Kurds seeking asylum in Europe: read before applying

What are the conditions to receive asylum as an Iraqi Kurd in Europe? What happens to those whose claim is rejected? And when is asylum granted? What is the difference between, a migrant, an asylum seeker and a refugee? Here, you will find the key information to know before and after applying for asylum in a European country.

What asylum seeker and refugee actually mean

Asylum seeker is the status of someone who has fled from their country because of war or direct persecution or fear of serious harm and is currently applying for international protection and refugee status in another country.

The 1951 Refugee Convention protects asylum seekers. Although they arrive in a country irregularly, authorities must give them access to fair and efficient asylum procedures and measures to ensure they live safely while their claims are processed.

A refugee is a person whose asylum application has been accepted. He/she is allowed to stay in the country that granted him/her refugee status for a certain amount of time, as they have proved that they would face harm of persecution back home.

On the other hand, rejected asylum seekers must leave the country and may be expelled in the same way as any other irregular migrant.

The difference between migrants, irregular migrants and economic migrants

A migrant is a term covering all those who have left their country of origin, whether to claim asylum out of fear of safety, to join family members and friends, to study abroad or to improve their socio-economic conditions.

An economic migrant is someone who has voluntarily migrated to another country in order to improve their quality of life. Economic migrants should arrive in a country regularly (i.e. with a valid visa) to be authorised to live there. Those who do not have a valid work visa can be arrested and sent home.

An irregular migrant is a person who has entered a country irregularly. This means that he/she does not have the correct travel documents or a valid visa. That person therefore lacks legal status to remain in a transit or host country.

Claiming asylum in Europe as an Iraqi Kurd

Only those having a strong claim of direct persecution and threats may obtain refugee status. Asylum procedures are long and require many details and evidence.

In many countries in Europe, the majority of asylum applications from Iraqi nationals are rejected – some European countries accept only 7% of Iraqi asylum applications – forcing many Iraqis to return after losing all the money they spent on the journey.

As an example, Finland recently updated its policy to state that Iraq is a safe country. As a consequence, all asylum applications from Iraqis will be rejected without individual consideration. According to a 2016 IOM report, Finland was second highest intended destination for Iraqis after Germany. Now, seeking asylum there is no longer an option.

Migrants claiming asylum do not get to choose in which country they live. They must claim asylum in the first European country they enter and may be returned there if they continue crossing borders.

Waiting for a decision

Asylum seekers in Europe are not allowed to work while their application is being processed. This can take over a year.

Asylum seekers have to stay in camps or shared accommodation, often in remote locations away from friends, cities and jobs. They receive food in accommodation centres but are rarely given cash payments so it is impossible to save money while waiting for an asylum decision.

Mohammed*, a Kurd returnee to Erbil explained regretfully: “When I arrived to Germany, after going through many troubles in Turkey and being held in prison in Greece, I discovered that the (asylum) process is very difficult, not at all as I was imagining when I took the decision to migrate using a smuggler. For those who arrive in an illegal way, the process is very long and exhausting. If I knew what seeking asylum in Europe would look like, I definitely wouldn’t have taken that decision, risked my life and spent my money on the journey.”

Housing and healthcare for asylum seekers

European countries do provide basic accommodation and medical assistance to asylum seekers. However, asylum seekers cannot choose where they live, and have limited freedom of movement, with asylum accommodation sometimes being located in rural areas. Even if migrants have family in the country, it might be difficult to see them.

Asylum seekers only have access to limited basic healthcare. Purchasing health insurance is a legal requirement in many countries such as Belgium, Germany and The Netherlands. While The Netherlands used to support refugees with cash payments for healthcare; since 2017 this is no longer the case. UNHCR has produced a guidance note on Health Insurance Schemes for Refugees.

What happens when an asylum claim is rejected

Rejected asylum seekers are required to return to Iraq within a month and are often placed in a detention centres similar to a prison during this period.

A forced return means the compulsory return of a person to the country of origin, to a transit country or to a third country on the basis of an administrative or judicial act. Deportation and removals are forms of forced return.

European countries returning migrants to Iraq

European countries have recently changed laws and policies to make it easier and quicker to return irregular migrants. In some countries, to ensure that migrants leave the country, they must pay a “security deposit” to the government, which is only returned once they are on the plane back to Iraq.

Governments continually monitor the security situation in different regions of Iraq to see if it is so risky that returning a person there would breach European law. The following is just an example of recent changes but represent the position of many European countries.

The UK updated its asylum guidance in 2017. Since then, irregular migrants can be returned to Kirkuk among other areas as it is now deemed secure. International relocation is now possible in most areas of Iraq. This means that asylum applications from Iraqi Kurds are less likely to be accepted.

Note that these changes apply to migrants entering Europe irregularly and seeking asylum. There are, however, legal routes to Europe that do not involve a dangerous journey.

Living in Europe as a refugee

What happens once an asylum claim is approved? Becoming a refugee in Europe leads to other challenges. Those who receive asylum have spent months and sometimes years not being allowed to work or earn money. It is hard to earn back the money spent on the journey.

Migrants whose claims are accepted are given a residence permit and have the right to work. This residence permit is temporary, however, and in some countries only lasts for three years. Migrants might have to return home then, meaning their future and life in Europe is uncertain.

The chances of getting another residence permit are low, and if migrants are successful, they may only be allowed to stay for a few more months or years.

Finding a job as a refugee in Europe

Once an asylum claim is accepted, it is still often difficult to find a job, especially when one does not have a network and local contacts. It can take years to find a job without the necessary language skills and qualifications.

In Germany, for example, nearly half a million (484,000) refugees are still looking for jobs. A government minister said that finding work could take around five years.

Returnees in Iraqi Kurdistan told Seefar they were frustrated about not being able to obtain legal work in Europe, meaning that they could not support themselves or their families back home.

Returning to Kurdistan

These difficulties mean that many Iraqis choose to return home despite the investment they have made.

Voluntary return is the term covering the assisted or independent return to the country of origin, transit or another third country based on the free will of the returnee.

Migrants considering returning may seek assistance through the International Organization for Migration. For more information on voluntary returns, asylum applications and status, call the free hotline number.

Conclusion

Migrant, refugee, irregular migrant, asylum seeker are terms many use without realising the legal consequences of each of them. Refugees, asylum seekers and irregular migrants are all migrants, but they each have different rights.

Asylum procedures are long and difficult. Asylum seekers have basic social rights while their application is reviewed.

The majority of asylum claims from Iraqi Kurds are likely to be rejected in most European countries. This means unsuccessful applicants will be forced to leave.

Receiving asylum gives a temporary right to live and work in the country that granted refugee status. However, it may take years to find a job as an Iraqi Kurdish refugee.

Many Iraqi Kurds now return, despite the money, time and energy spent, given the difficulties they face and the little benefit they get from living in Europe as an irregular migrant, asylum seeker or refugee.

For more information about migration to Europe for Iraqi Kurds, read:

• Iraqi Kurd migrants in Europe: policies you should know
• The main dangers Iraqi Kurds face as irregular migrants to Europe
• Irregular migration to Europe: the real cost for Iraqi Kurds
• Irregular migration: interesting alternatives for Iraqi Kurds

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