Section 94. Applicant’s legal status during processing of the application

The applicant may be given the right to take employment until the application is decided. Grant of the permit is conditional upon fulfilment of the following conditions:
  1. a.
    the applicant has undergone an asylum interview,
  2. b.
    there is no doubt about the applicant's identity, and
  3. c.
    there is no question of rejecting the applicant or of requesting that another country take back the applicant.
If there is a high probability that the applicant will be granted a residence permit under section 28, exceptions may be made to the condition of having undergone an asylum interview.
When an application for protection has been rejected at first instance, a permit granted under the first paragraph remains valid if the administrative decision has been appealed and granted suspensive effect. An appellant who does not already hold a permit under the first paragraph may, upon request, be granted such a permit provided that the conditions in the first paragraph are fulfilled and the administrative decision has been granted suspensive effect.
The King may issue regulations containing further provisions on the duration of permits to take employment under the first paragraph and on permits after rejection of an application at first instance.
Permits under the first and second paragraphs are granted by the Directorate of Immigration, which may also authorise the police to grant such permits. Chapters IV to VI of the Public Administration Act on case preparation, administrative decisions and appeals do not apply to administrative decisions concerning such permits.