How to recruit an asylum seeker (DPI) or a beneficiary of international protection (BPI).

Concerning employment, it is important to know the difference between asylum seeker and beneficiaries of international protection (in everyday language, both groups are sometimes referred to as ‘refugees’, although the term in fact only refers to beneficiaries of international protection) :

• Asylum seeker: a person from a third country who has submitted an application for international protection concerning which no final decision has been taken yet by the Direction de l’Immigration (Immigration Department) of the Ministry of Foreign and European Affairs.
• Beneficiary of international protection: a person whose application for international protection received a positive final decision by the Direction de l’Immigration (Immigration Department) of the Ministry of Foreign and European Affairs and who hence has the status of refugee or of beneficiary of subsidiary protection.

If a ‘refugee’ job seeker presents himself or herself to me to be hired, how can I know if this person is an asylum seeker or a beneficiary of international protection?

• When being granted his or her refugee status, every beneficiary of international protection receives a residence permit on which is marked ‘Protection internationale’ (‘International protection’). To view a specimen of such a residence permit, please click here. [link to scan of sample]
• An asylum seeker only possesses a receipt of submission of an application for international protection (‘carte rose’, ‘pink card’), or else a removal or expulsion document (unsuccessful asylum seeker). To view a specimen of such a residence permit, please click here. [link to scan of sample]

Legal situation concerning employment:

• In principle, an asylum seeker is not allowed to work. However, an exception is possible if the person in question has not yet obtained a decision concerning their application for international protection within six months since the submission of this application and if they have obtained an authorization of temporary occupation (‘autorisation d’occupation temporaire’, AOT) that can be introduced by the employer.
  More information. 
• A beneficiary of international protection has the same right to work in Luxembourg as other Luxembourg residents. Apart from declaring your job vacancy with ADEM, you do not need to undertake any special steps in order to hire a beneficiary of international protection.
  More information.