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Spotify staff could lose work permits: report

Dozens of Spotify workers may be forced to leave Sweden because of an error that could lead to authorities rejecting their work permit extension, according to a Swedish broadcaster.

Spotify staff could lose work permits: report
Spotify's offices in Stockholm. Photo: Lars Pehrson/SvD/TT

The Local has previously reported on the long and winding road many foreign professionals face to get a work permit in Sweden – and the many hurdles they risk falling on along the way.

Rising star IT developer Tayyab Shabab sparked debate earlier this year after he revealed he risks being deported because his previous employer forgot to take out occupational pension insurance for him.

But although his is the most high-profile case this year – thanks to a huge campaign to get him to stay, including a petition signed by 10,000 people – his is just one of many similar cases.

According to broadcaster TV4's investigative news documentary show 'Kalla Fakta', foreign developers working for Swedish music streaming giant Spotify could be next in line for deportation.

Citing unnamed sources, the show reports that 16 of Spotify's IT specialists “have or will have” problems getting a work permit extension because the company failed to take out an occupational pension or health insurance for some of its staff before September 2013.

According to 'Kalla Fakta', another 25 people who have since quit and are working for other companies in Sweden are also affected by the error.

Spotify, whose founder Daniel Ek signed the 'Back Tayyab' petition, declined to comment.

READ ALSO: If Sweden wants startups, drop the red tape

A Migration Agency official told The Local in November that a court ruling last year has made the agency check reapplications for work permits more extensively, including that all conditions for the first permit were met.

This currently includes even minor errors made by an employer, even if the applicant themselves were not aware at the time that a mistake had been made. It has stirred debate among politicians, campaign groups and within the Migration Agency too, but it has said it is bound by the rules.

A parliamentary committee on social insurance told the government last month to examine how work permit rules could be improved. The amendment will be added to an ongoing inquiry on foreign workers and the report on the amendment will be presented in spring 2017.

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READER QUESTIONS

Do foreigners in Sweden have to carry their residence cards?

Foreign residents in Sweden who are granted residence permits are issued with a residence card or 'uppehållstillstånd'. Who does this apply to and are they obliged to carry the card all the time?

Do foreigners in Sweden have to carry their residence cards?

What is an uppehållstillstånd

Firstly, an uppehållstillstånd or residence permit is required for legal residence in Sweden for non-EU citizens, as well as EU citizens without EU right of residence.

Note that this is not the same as an uppehållskort, which is for non-EU citizens living with a non-Swedish EU citizen, nor is it the same as an intyg om permanent uppehållsrätt for EU citizens or uppehållsstatus for Brits here under the rules of the withdrawal agreement.

Residence permits are granted to those wanting to work, study or live in Sweden, including those who came to the country as family members of other residents or as refugees.

The criteria you must fulfil to be granted a residence permit depend on the reason you are in Sweden and your personal situation.

If you are granted a residence permit for Sweden, you will be issued with a residence card or uppehållstillståndskort, as documentation of your residence rights.

The card itself is a plastic card the size of a credit card and displays your photo. It also includes a chip containing your biometric data. You will be required to attend an appointment to submit biometric details to the Migration Agency, either at one of its offices or at your closest Swedish embassy or consulate, if you’re applying from outside the country, after which the agency will be able to produce your residence card.

So, do I need to carry the card with me at all times? 

Technically, no, but it’s best to always know where it is, as you will need to be able to show it when asked. 

A press officer at Sweden’s Migration Agency told The Local that it’s a good idea to carry it with you at all times, although there’s no specific requirement for residence permit holders to do so.

“We can’t comment exactly on the situations in which other authorities, such as the police or healthcare services would need to see your residence permit card, but our general advice is that it’s a good idea to carry your residence card with you at all times, like any other form of ID, such as a driving licence, for example,” she said.

According to the Migration Agency’s website, you should always have it with you when in contact with Swedish authorities or healthcare, as it proves that you have the right to live in Sweden.

“According to the Aliens Act, foreigners in Sweden must show a passport or other document showing they have the right to live in Sweden, when asked by a police officer,” police press officer Irene Sokolow told The Local.

“[The foreigner] is responsible for proving their right to be in Sweden, as well as their identity and the day and time they arrived in Sweden, if relevant. They are, however, not required to carry their identity card or passport with them.”

One situation where you should have your card with you is when travelling over the Swedish border, where you should always present it to border police along with your passport. This ensures you’ll be registered correctly as a resident when exiting or re-entering the country, rather than as a tourist.

One reason why this is important is that non-EU residents can only visit Schengen for 90 days in every 180-day period without needing a residence permit or other visa, so if you’re falsely registered as entering Sweden as a visitor, this 90-day countdown will start. 

If you’re then discovered living in Sweden past the 90-day deadline, your false registration as a tourist could lead to you being branded an overstayer, which could affect your chances of getting a residence permit in the future, as well as your chances of being allowed to enter other Schengen countries.

Where else might I be asked to show my card?

Sweden’s police are also able to carry out so-called inre utlänningskontroller, special controls to identify people living in Sweden illegally, if they have reason to believe the person in question does not have a permit or visa to live in Sweden.

These can take place anywhere within Sweden, including at workplaces suspected of hiring people without valid residence permits, so at least in theory, you could be stopped by police anywhere in the country and asked to show your residence permit if they have reason to believe you’re living here illegally.

“When an inre utlänningskontroll is carried out and the person in question does not have any such documents with them, the police can check their status with the Migration Agency,” Sokolow told The Local.

Legally, the police have the power to confiscate your passport or other ID document if you can’t prove you have the right to be in Sweden when asked, although this will be returned to you when you provide them with a valid residence permit card or when they receive other proof that you have the right to be in the country.

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