Ad-Hoc Query on Documentation Issued for Asylum Seekers. Requested by FI EMN NCP on 9 th September Compilation produced on 27 th September 2012

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1 Ad-Hoc Query on Documentation Issued for Asylum Seekers Requested by FI EMN NCP on 9 th September 2011 Compilation produced on 27 th September 2012 Responses from Austria, Belgium, Czech Republic, Estonia, Finland, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom plus Norway (19 in Total) Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does 1. Background Information The Ministry of the Interior is currently examining the possibility of introducing a new client/registration card for asylum seekers who do not hold a valid travel document or other identity documentation. In Finland, asylum seekers who do not have a valid passport have encountered problems with opening a bank account, because banks are required to comply with the customer due diligence standards and therefore, must verify the potential customer s identity from a reliable source. Lack of bank account might hinder payment of salaries and lead to an increase of grey economy and, in addition, give rise to unnecessary security threats because the asylum seekers monthly allowance has to be paid in cash in the reception centres. 1 of 12

2 In the 2007 report (COM(2007) 745 final) on the application of the Reception Conditions Directive (2003/9/EC) the Commission also paid attention to the practical problems arising from lack of identity documentation. According to the report both the form and the content of the document issued to non-detained asylum seekers as set out in Article 6 vary considerably between Member States. Many Member States issue documents which do not specify identity, which, while permitted by the Directive, causes many practical problems (e.g. problems with opening a bank account). According to the Commission harmonised model the documents delivered to asylum seekers, which would specify their identity, would help to overcome such practical problems. It has been tentatively discussed in Finland that a client/registration card (English translation of the title has not yet been decided) could be a solution to these practical problems. The card would be a credit-card sized plastic card and include biometric identifiers (photograph and fingerprints). It could only be used when dealing with authorities and it would not be recognized as an official identity document. With the inclusion of biometric identifiers the immigration authorities could also verify that they deal with the same person throughout the whole asylum process. The card could also serve as documentation indicating person s claim for international protection. In order to evaluate and compare different solutions the Ministry of the Interior is interested in finding out how the described situation has been solved in other countries. Your answers to the following questions are requested by October 7, Have asylum seekers who do not have a valid national passport or other identity documentation encountered similar practical problems especially regarding banking? 2. If yes, how has the situation been solved (on legislative and practical level)? 3. If these practical problems still exist, are there any plans for introducing new measures, and if so, what kind of measures? 4. Regarding implementation of Article 6 of the Reception Conditions Directive does the documentation given to persons who have applied for international protection also certify the identity of the person in addition to certifying his/her status as an asylum seeker? 5. If asylum seekers are issued with a registration or another type of card during the asylum process, what kind of security features and biometric identifiers does the card contain? 2. Responses Wider Dissemination? Austria No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. 2 of 12

3 Belgium Yes 1. Although asylum seekers are in principle entitled to basic bank services at any bank, it can not be excluded that in practice asylum seekers might encounter problems regarding banking, especially if they do not have a valid national passport or any other official identity document. A certain obscurity dominated concerning which identification documents could accept banks for asylum seekers willing to open a bank account, and this until the ministerial directives of December 7 th, 2005 concerning the Bank Commission. Indeed, there have been cases where a bank refused such a bank account opening because the bank found that the person concerned did not sufficiently prove his/her identity. In order to solve this kind of problem, the aforementioned ministerial directives foresees an exception, when an asylum seeker, because of his/her situation and statute is not able to present a valid ID card or a passport, can present at the opening of a bank account a document issued by Belgian public authorities certifying the legitimacy of his/her stay in Belgium (for the officially registered asylum-seekers whose request is under examination). The basic bank services are the following: opening, managing and closing a current account; transferring and withdrawing money; getting statements of account; paying bills by direct debit and standing orders. 2. The current legislation is stating that regarding bank services a passport or an identity card is in principle needed for the identity verification. However, the new anti-money laundering legislation of February 5th, 2010, the new Bank Commission regulation together with the ministerial directives of March 3rd, 2011 ensured a further easing of the rules. Even if someone is unable to present his/her ID card or passport, a document delivered by a Belgian or foreign authority can nevertheless be accepted as sufficient evidence. The address of residence can be as from now be demonstrated by means of a declaration of the person concerned. 3. One can expect that fewer problems will be arising after the setting-up of these smoother conditions introduced by the new anti-money laundering legislation and the jurisprudence issued by Belgian courts. 4. In Belgium the asylum applicant will receive a paper document (annex 26). With this document, he can apply for a so called orange card (see specimen in appendix) which is a residence permit valid for 3 months which can be extended for the whole duration of the asylum procedure, including when the asylum seeker has lodged an appeal against a decision. Beside the statute of asylum seeker, the asylum applications mention also the alleged name, date and place of birth, nationality but in accordance with article 6 of council directive 2003/09/EC the documents is for so far neither a proof of nationality nor of identity. Given that these different documents are delivered by Belgian authorities, banks can accept these awaiting the possible delivery of an ID card. 5. The document of the asylum application (annex 26) contains photography of the asylum seeker. The so called orange card is a nonelectronic card without biometric identifiers. 3 of 12

4 Czech Republic No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Estonia Yes 1. In Estonia, it is impossible to open a bank account without an identity document that meets the requirements of merchant banks the asylum seekers are not able to open a bank account or start any banking relationships without a valid passport, ID-card or driving licence. 2. There aren t any satisfying solutions on the legislative level at the moment. In practice there have been cases when the asylum seeker can explain the extreme necessity (e.g., it is impossible to proceed with business activity) and it is guaranteed that the asylum seeker won t leave, then he or she is allowed to keep his or her travel document issued by his or her country of origin. 3. The Estonian Ministry of the Interior has not yet started introducing new measures for certifying the identity of an asylum seeker. 4. After the asylum seeker has lodged an application for asylum and residence permit, he or she is issued with a certificate confirming that the proceedings for granting international protection have been initiated. The certificate does not certify the identity of the asylum seeker. If the asylum seeker is granted international protection then he or she will be issued an ID-card and a travel document for refugee. 5. The certificate confirming that the proceedings for granting international protection have been initiated is printed on the paper containing security features. The document contains personal data (name, date of birth, etc.), a photograph and fingerprints of the asylum seeker. The document is stamped by appropriate authorities of Estonia. Finland Yes 1. Yes, there have been several situations in which a bank hasn t established a banking relationship and opened a bank account due to lack of reliable proof of identity. 2. At the moment, there are no satisfactory solutions. Current legislation does not provide any means for reliably identifying those asylum seekers who do not have a national passport. If a bank does not open a bank account, allowances and possible salaries have been paid in cash or, in some cases, salary has been directed to someone else s bank account. 3. The Ministry of the Interior is shortly setting up a working group to examine possible measures and needs for legislative changes. A client/registration card described above has been discussed as a possible solution but the matter has to be thoroughly examined for example from the point of view of money laundering regulation. The answers to this query will be used by the working group for evaluation of alternative measures. 4. In Finland, the applicant is issued with a paper certificate that shows that an application process for international protection has been initiated. The certificate does not certify the identity of the said person. 5. It has been discussed that the client/registration card would be a credit-card sized plastic card and include a photograph and fingerprints. However, no final decisions on introduction of such card or card s features have been made yet. 4 of 12

5 Germany Yes 1. No. The asylum seekers are provided with a document within the meaning of Article 6 of the Reception Conditions Directive testifying the asylum seekers permission to reside in Germany. A bank account is not necessary. On grounds of the German Asylum Seekers Benefits Act asylum seekers are given payment in kind and in cash. 2. See answer to question See answer to question 1. Definite changes have not been planned yet. 4. Yes, it is a temporary permission to reside (Aufenthaltsgestattung) the asylum seekers are provided with. It serves as a regular identity paper till the finalisation of the asylum procedure and shows amongst the general personal particulars like the asylum seekers gender, height and colour of the eye, the date of the filing of the asylum application, the issuing authority, the asylum seekers present place of residence as well as the period of validity of the residence title and certain restrictions imposed on the asylum seeker, such as the local restrictions on the right of free movement, and information on the permission to take up gainful employment. Furthermore, the document carries the asylum seekers current photograph. 5. The permission to reside issued to asylum seekers is a document made up of a standard form (with photograph) and an adhesive label. Both are equipped with certain security features, different serial numbers, but they do not contain biometric data. If the residence permit needs to be extended after three months, the adhesive label is simply replaced on the standard form. Greece Yes 1. The asylum applicants can proceed with banking related activities in any case The document issued for asylum applicants, according to article 6 of the Reception Conditions Directive, is considered to be an identity proof only when they have delivered a travel, ID or any other type of personal documents to the asylum authorities. In case of absence of such documents, a relevant note is put upon the document. 5. There is no such card with any kind of security features and biometric identifiers. There is a photo and the stamp of the Service that issues the document. Discussions are still on-going regarding that issue. Hungary Yes 1. Under the Hungarian AML Act service provider is required to identify the customer and verify his/her identity based on a valid document. Please see reference to Act 136 of 2007 Section 7. 2.The AML Act appropriately regulates this question 5 of 12

6 3./4.According to the Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals in the absence of the requirements for a residence permit specified in this Act the following persons shall be granted a residence permit on humanitarian grounds: any third-country national who applied to the refugee authority for asylum, or who applied to the refugee authority for any subsidiary form of protection or temporary protection. The validity period of a residence permit granted on humanitarian grounds: shall be six months, which may be extended by maximum six months at a time. According to the Act LXXX of 2007 on Asylum a person seeking recognition shall be entitled to stay in the territory of the Republic of Hungary and to humanitarian permit authorising stay in the territory of the Republic of Hungary. A refugee shall be entitled to an identity card determined in separate legal rule and a bilingual travel document specified by the Geneva Convention. A beneficiary of subsidiary protection shall be entitled to a travel document determined in a separate legal rule. A beneficiary of temporary protection shall be entitled to a document verifying his/her identity and a travel document, as determined in separate legal rule, authorising a single exit and return, if s/he has no valid travel document from his/her country of origin. 5. HUMANITARIAN RESIDENCE PERMIT TO ASYLUM SEEKERS NAME OF DOCUMENT: HUMANITARIAN RESIDENCE PERMIT TO ASYLUMSEEKERS DOCUMENT FORMAT: ID-2 CARD THE DOCUMENT CONTAINS THE FOLLOWING INFORMATION: 1) SERIAL NUMBER 2) NAME - SURNAME AND FORENAME(S) 3) NATIONALITY (STATELESS STATUS) 4) SEX 5) FACIAL PHOTOGRAPH 6) DATE AND PLACE OF ISSUE 7) VALIDITY PERIOD 8) PURPOSE OF RESIDENCE 9) PLACE AND DATE OF BIRTH 10) ADDRESS 11) SIGNATURE 12) REMARKS Italy Yes 1. In order to open a bank account in Italy, foreign citizens must present a valid passport or identity card as well as a stay permit. Nevertheless, to apply for an identity card, the foreigner shall be in possession of a residence permit whose validity exceeds 3 months. In case of asylum applicants, after 20 days from the formal application for asylum these are granted a 3 months stay permit that, therefore, does not meet the requirements to obtain the identity card and subsequently open a bank account. 2. Since in Italy the reception and integration system for asylum applicants and refugees is decentralised, there are several good practices adopted at local level by local Authorities which are meant to overcome banking-related difficulties. For example, the Municipality of 6 of 12

7 Ancona has signed an agreement with a local bank (Banca delle Marche) in order to facilitate the procedures for asylum applicants to open a bank account (official report in Italian language has been attached). Asylum applicants hosted at local reception centres can obtain their money allowance directly to a personal account at Banca delle Marche, also acting as the official bank of the Municipality of Ancona. This good practice allows asylum applicants to fully benefit from banking services. 3.There is an increasing trend to share good practices, such as the one previously described, among local authorities engaged in reception and integration territorial projects for asylum seekers. Access to banking services is considered an important tool for integration and the utmost attention is paid to this issue. 4. The Reception Conditions Directive has been implemented in Italy by Legislative Decree n. 140 of 30 th May As per Art. 4 of the above-mentioned decree, regulating documentation, the documentation given to asylum applicants certifies their status as asylum seekers but does not certify their identity (see comma 3 of the Article). 5. Not applicable (asylum applicants are granted a stay permit for asylum application. No registration or alternative documents are provided). Latvia Yes 1. Yes, there could be some situations when asylum seeker during asylum procedure meet difficulties because the personal document of an asylum seeker does not verify the identity of person. At the same time taking into consideration the structure of asylum reception system and asylum seeker s rights in asylum procedure it is not an issue asking for immediate solution. 2. Till now there is no solution for the situation which was mentioned in question Till now there is no solution for the situation on legislative and practical level. 4. The personal document of an asylum seeker does not verify the identity of person. 5. There are no any kind of security features and biometric identifiers in the personal document of asylum seeker. Lithuania No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Luxembourg Yes 1. Asylum seekers are not able to open a bank account as they would need a residence permit to do so. The Post, through its service Comptes Chèques Postaux, authorizes the opening of an account to the asylum seekers, based on the attestation of registration of the demand issued by the Directorate of Immigration. 2. Asylum seekers will use f.ex Western Union for all kind of money transfers, or the postal service for the opening of an account. There is no legislation on this subject. 7 of 12

8 3. Not applicable 4. A document asserting the due filing of an application for international protection is neither an identity document nor a residence permit. 5. The attestation is in principle issued for a period of one month and is renewable until the end of the procedure. It gives the asylum seeker the right to provisionally sojourn in Luxembourg along the processing of the application for international protection. The so called pink slip/attestation is a safety paper which also includes a colour picture of the asylum seeker. The card does not contain biometric data. Netherlands Yes 1. Because of legislation Dutch banks use the following guidelines for opening a bank account for foreigners: (source: Netherlands guide/ Just landed): EU citizens need a valid passport and "proof of address" in order to open a bank account. Some banks may, in addition, ask for proof of work and a BS-number (Civil Identification number), and even proof of "residence permit" application. Non-EU citizens are sometimes requested to bring proof of registration with the foreign police in addition to the above. People who stay in the Netherlands for less than 4 months, do not get a BS-number. Asylum seekers are not allowed to have a BS-number in the first six months of their stay in the Netherlands. So asylum seekers cannot open a bank account in the first six months of their stay, unless they get a status in this period. Asylum seekers who are granted asylum within six months after their arrival, have to register within five days in the municipality of their reception centre. After some time they receive a BS-number. 2/3 Asylum seekers are expected to open a private bank account. As long as they are in an asylum procedure and do not have a BS number, as mentioned above, they receive a money card. On this card they receive their weekly allowances from the Dutch government. For your information you find enclosed information in English. 4/5. Yes, asylum seekers receive some days upon their arrival document which proves their status as 'asylum seeker awaiting a decision' and which can also be used as identity document. This contains a biometric scan of the face and a signature, is based on the EU model for a residence permit, but is not a residence permit. This document allows asylum seekers to identify themselves as asylum seekers who are allowed to stay in the country, they can use this document to travel within the Netherlands to see their lawyer. This document is not effective for opening a bank account. The validity is 12 months at most; renewal is possible. It is foreseen that in 2012 this document will also contain fingerprints. Slovak Republic No This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further. Slovenia Yes 1. A definite answer is not possible to provide since the Ministry of the Interior does not have a direct insight into this area. Based on the information communicated by some IP seekers it could be said that, as regards the money transfers from abroad, IP seekers without valid passport had difficulties in withdrawing their money at Post Bank, but had no problems if the money was transferred via Western Union. The fact that some IP seekers legally work without possessing the passport proves that they finally manage to open a bank account although not always without difficulties. Some IP applicants were assisted by NGO workers in this matter and it could be supposed that 8 of 12

9 the practice of different banks/bank branches is not uniform. 2. Please, see the answer above. 3. No. 4. No. The Slovenian International Protection Act IPA (Official Gazette of the RS, No. 11 / 21 February 2011, p consolidated text of the law) does not provide for issuing the document to international protection (IP) applicants which would also certify the IP applicant's identity. According to Article 112 (Applicant's card) of the IPA, the IP applicant's card applies only as a document recognising the IP applicant's status and as a permission to stay in Slovenia. The card is issued with the validity of 60 days and the possibility of renewal no later than in 3 days after the IP application has been formally lodged. The Article also lays down that the manner, form and the contents of the card are determined by the minister in the regulation from the paragraph 3 of Article 78 of this Act (based on which the minister shall define all the detailed conditions and modalities for exercising the rights referred to in the preceding paragraph and the rights referred to in Article 15 of this Act in agreement with the ministers for health, labour and social affairs, education, science and sport). According to the Rules on IP applicants' rights (Official Gazette of the RS, No. 68 / 31 August 2011), which will enter into force on 30 September 2011, the IP applicant's card is issued on the form No. 1 which is an integral part of these rules. 5. The IP applicants' cards which are issued do not have any security features and/or biometric identifiers. The form for IP applicant's card will also remain the same after the new Rules on IP applicants' rights become effective: Front side Back side Card's No. IP Applicant's card Temporary address Surname Name Citizenship Place of issue Date of issue Official Stamp 9 of 12

10 Sex Date of birth Valid Reg. No. till Issuing body: The Ministry of the Interior of the Republic of Slovenia Spain Yes Yes, there have been situations in which banks haven t established banking relationship due to lack of documentation. The document issued is usually a specific Identity Document for Asylum Seekers, but sometimes it is not valid for banks. In some cases, the Asylum and Refuge Office issues a certificate for the applicant confirming he is an international protection seeker. Sweden Yes 1. To open a bank account a person has to be registered in the National Register. That means that the person has to have a residence permit valid for registration. Other questions: Debit card. In Sweden the Migration Board have an agreement with ICA bank which means that the Board opens an account where the applicant (the asylum seeker) gets right of disposal. To each account is a debit card, type Maestro. Maestro card means that you are obliged to enter a pin code each time you use it for purchase. The Maestro card is only valid in shops supporting Maestro. The agreement also means that the asylum seeker has the possibility to withdraw cash in the ICA shops. (ICA is one of the biggest food stores in Sweden). For the time being the asylum seeker are given the right to withdraw money from ordinary cash dispenser two times each month. The agreement has been in force since The card is not a id card and has no photo of the asylum seeker. It s just a card for practical reason to get the daily allowance in a relatively easy way. You can also have the card even if the identity is unclear. LMA card. When you apply for asylum in Sweden, you are given a receipt. A few days later, you will receive a card called LMA-kort or the Asylum Seeker Card. The card shows that you are an asylum seeker and that you have the right to stay in the country whilst you are waiting for the reply. If you show your card when visiting a health-care center, the fee you have to pay will be smaller. Even though the LMA card has the same format and, to some extent, the same contents as an identity card (ID), it is not an ID card. It simply confirms that you have been registered in the Migration Board's reception system under the name stated on the card. You must give your card back if you receive a residence permit or if you have to leave Sweden. 10 of 12

11 United Kingdom Yes Background When an applicant makes a claim for asylum he/she is issued an Asylum Registration Card (ARC). The ARC is a credit card-sized plastic card issued as an acknowledgement of an Asylum or Article 3 application made to UK Border Agency. It contains information about the identity and immigration status of the holder (as recorded by UK Border Agency when the card was created) in visible form and/or stored on a magnetic chip that can be read in specially programmed "QuickCheck" card readers. As well as the inclusion of the holder s personal details (name, Date of Birth, nationality), the card contains a number of security features including the inclusion on the face of the card of two digital images of the holder, the holder s fingerprint details on the chip and optically variable printing. The ARC will also say whether the person has permission to take employment or not, and if so, what conditions are attached to any employment. An ARC is issued to all new asylum claimants and their dependants at the time the application is made or, if that is not possible, at the earliest opportunity thereafter. The ARC enables UKBA to check the person s identity when they report, or for those provided support, when they collect their cash entitlement. It also provides the applicant with confirmation that their asylum claim has been recorded and provides potential employers with details of the applicants entitlement to work (although this should be double checked with UKBA prior to any employment being offered). However, the document does not provide definitive confirmation of ID as the details on the card are based on the details provided by the applicant. 1. The UK Border Agency is not aware of asylum seekers experiencing difficulties opening bank accounts in the UK. The banks must satisfy themselves of the person s identity, and in the absence of a passport or an official ID document, utility bills or other evidence maybe accepted. Asylum seekers who are supported by the UK Border Agency will not, in the main, require a bank account as they are provided rent and utility free accommodation and subsistence support through the ARC. The majority will also not have permission to take up employment. 2.Not applicable 3. We are not aware of practical problems accessing banking facilities. 4. The ARC does certify that the person is an asylum seeker. The ARC also contains information on the person s identity, including name, nationality and date of birth. The identity information included on the ARC is based on information provided by the applicant when they claimed asylum and any documents presented by the applicant at that time. 5. As outlined above the ARC includes identity information (name, date of birth, nationality) and a photo of the applicant. The applicants fingerprints are held on a chip in the ARC (not for those under-5 yrs old). Norway Yes 1. Yes, asylum seekers do have the same problems in Norway as those you have listed when opening a bank account. New and stricter legal regulations have been introduced regarding the banks responsibilities regarding steps to limit possibilities for criminal activities, such as funding terrorism and money laundering. This includes guidelines which the bank must follow to establish or confirm an asylum 11 of 12

12 seeker s identity. 2. In most of the cases this problem is resolved. In some cases it is a local bank that will agree to open an account. In other cases the reception centre enters into an agreement with the bank, where the asylum seeker is granted an account in a bank based on a guarantee from the reception centre. 3. There are no plans to introduce new measures to resolve the few cases that cannot be resolved in the manner mentioned under Norway is not a member of the European Union. Therefore the Reception Conditions Directive does not apply in Norway. However, the Norwegian Government has in a white paper (St. meld. Nr. 9 ( ))declared that it is a major policy objective to harmonize Norwegian asylum and immigration policies with those prevailing in the EU. 5.Upon registration in Norway an asylum seeker is issued with a card which carries a photo of the applicant and his/her signature. The cards holds no other security features and no biometric identifiers. ************************ 12 of 12