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IMMIGRATION

KEY POINTS: Sweden’s latest proposals to revamp the work permit system

A new Swedish inquiry has presented a series of proposals to crack down on dishonest employers who exploit work permit holders.

KEY POINTS: Sweden's latest proposals to revamp the work permit system
A new inquiry proposes blacklisting dishonest employers of foreign workers. Photo: Marcus Ericsson/TT

The inquiry, which was launched after several reports of exploitation of immigrant workers in Sweden, was handed over to Justice Minister Morgan Johansson this week.

It confirmed that although everything usually looks good on paper – which makes it harder for authorities to discover individual problems – many workers are ruthlessly exploited by dishonest employers, who often force them to pay some of their salary back to the employer.

In 2019, as many as 40 cases of exploitation of immigrant workers were investigated by police, of which two led to employers being prosecuted in court and only one led to a conviction.

Industries that require a lower level of education, such as the construction, cleaning, hotel and restaurant sectors, are among the worst offenders, report author Anita Linder told the TT newswire. She said the inquiry did not find any cases of work permit holders being exploited in, for example, the engineering or IT industries.

The inquiry proposes several measures, including introducing two new criminal offences.

One of these would include jail of up to two years for anyone who exploits a foreigner at work under “obviously unreasonable conditions” – even if the worker agrees to them, for example because they think they are acceptable or they don’t want to lose their permit.

The other one would ban “selling” a work permit to an employee by making them pay for the job offer. The employer could if found guilty be locked up for up to two years.

Particularly serious offences could in both cases lead to jail sentences of up to four years.

The inquiry also proposes blacklisting dishonest employers, by making it easier for the Migration Agency to check their criminal and tax records and refuse to grant work permits if the employer has previously exploited or committed crimes against immigrant workers.

If the employer provides housing, the inquiry proposes they must also ensure that the living conditions are adequate, to prevent situations where the employees are forced to pay rent to the employer and get no more than a mattress at the workplace to sleep on in return.

The proposals will now be sent out for consultation, which means that relevant agencies and authorities will give their feedback. During this process, the agencies can warn of any risks for unintended consequences or negative effects of the changes, and to give input on how feasible they would be to carry out. After any edits as a result, the next stage is to put the proposals to a parliamentary vote.

This was the second out of two reports into the Swedish work permit system. The last one was released in February 2021, with one of the proposals being to introduce a talent visa for highly qualified foreign workers. This is still being debated by decision-makers.

In fact, labour migration is expected to become a talking point ahead of Sweden’s general election in September next year, with several political parties calling for stricter rules – although they have different ideas as to how best to do this. This article by The Local gives you a rundown of what some of the main parties have been saying lately.

Member comments

  1. A talent visa sounds like a good idea – so long as the measure of talent isn’t simply about having a Ph.D. (which can be totally useless depending on the field of study), and as long as the talent visas only apply to fields where there is an identified shortage or workers. But it seems like a good idea as long as it is written properly.

  2. More importantly something that is always ignored in the proposal is a family of talent workers!

    You can not promote Sweden as a place to work for talent and at the end do not give permanent residency to his wife and just expecting someone to just ignore his family and just be a headless talent without emotion!

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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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