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IMMIGRATION

New Swedish government’s plans to tighten work permit rules

Newly-elected Prime Minister Magdalena Andersson spoke about plans to introduce stricter labour migration rules in a speech held at the Swedish Trade Union Confederation’s congress.

magdalena andersson holding a speech in front of a red curtain
Magdalena Andersson at the Swedish Trade Union Confederation’s congress on Wednesday. Photo: Claudio Bresciani/TT

Andersson wants to introduce a requirement for employees to have a binding job contract before a work permit can be issued – although it is not yet clear exactly what will feature in the final proposal.

The new proposal would affect non-EU migrants – labour migrants from within the EU do not need to apply for a work or residence permit to work and live in Sweden.

Under the current system, those applying for a work permit in Sweden only require a job offer, which is not legally binding, and means that their conditions for employment can be altered by employers once they arrive in Sweden.

“We need to put an end to employers who tempt foreign employees here only to make them work under slave-like conditions,” Andersson said. “It’s shameful, and it obviously shouldn’t be legal.”

According to Anders Ygeman, newly-appointed Minister for Integration, Migration and Sport, current rules often lead to other groups being out-competed, and left unable to find work.

“We have a large amount of labour migration for unqualified jobs, where we have a huge queue of people who have come to Sweden for asylum reasons who are then out-competed by labour migrants,” Ygeman explained, adding that labour migrants filling these positions makes integration more difficult.

Andersson is aiming to present a bill to parliament before the end of the year, and believes she can convince a majority to vote for the proposal. If not, she said that it would become an election pledge.

In a press conference after her speech, Andersson described the plans as a “step towards” ending the practice, adding that it was “no secret” that the Social Democrats wanted to re-introduce arbetsmarknadsprövning – a system scrapped in 2008 where foreigners wanting to work in Sweden would only have their work permits approved if they could fill a position where there was a national shortage.

If this were to be reintroduced, work permits would be dependent on unions, employers, and authorities confirming that they lack workers in the profession in question.

In an interview with Swedish news agency TT in early November, then-Social Democrat Migration Minister Morgan Johansson described reintroducing arbetsmarknadsprövning as the “only way” to clean up the system.

“It is unreasonable that we have immigration into positions where we don’t have a shortage, like restaurant workers and cleaners,” Johansson told TT at the time.

Current rules for getting a work permit in Sweden include having a valid passport, a salary offer which is “at least on par with that set by Swedish collective agreements or which is customary within the occupation or industry” and a salary which enables the employee to support themselves – currently classed as at least 13,000 kronor a month, before tax.

In addition, employers must show that they will take out health insurance, life insurance, work injury insurance and pension insurance on behalf of the employee.

Sweden’s work permit rules are relatively generous in comparison to several of its neighbours, with Denmark stipulating that applicants must have a full-time job with a monthly salary equivalent to 50,000 Swedish kronor, or a job in a profession suffering from lack of workers, and Norway requiring that workers are highly educated, in full-time positions with a salary equivalent to at least 33,000 Swedish kronor per month.

Both Denmark and Norway require that work permit holders can financially support any accompanying family members.

However, the Swedish system has also been criticised for bureaucratic rigidity, with words such as kompetensutvisning (competence/talent/skills deportation) being coined in 2017 as a result of a confusing, complicated system difficult for foreign workers to navigate.

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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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