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EXPLAINED: Why is it taking so long to get work permits in Sweden?

The Migration Agency is currently taking much longer than its target to process work applications for foreigners employed by so-called "certified operators". What's going on and when will the situation return to normal?

EXPLAINED: Why is it taking so long to get work permits in Sweden?
The Migration Agency's offices. Photo: Adam Wrafter/SvD/TT

How long are work permits taking at the moment? 

The Migration Agency told the Dagens Nyheter newspaper in a recent article that in the first half of September the average work permit decision for those who have been hired by so-called certified operators — basically a fast-track for big and trustworthy companies — had taken an average of 105 days, while under its agreement with these companies, it is supposed to take only ten. 

The agency told The Local that this number, though correct, was misleading as the number and timing of applications varies so much from month to month, which is why it prefers to take an average over a longer period. 

According to tables provided to The Local by the agency, it has so far this year taken an average of 46 days to handle a first-time application for a work permit by an employee who has been hired by a company that is part of the certified operator scheme. This is nearly three times as along as the average of 19 days it took in 2021. 

Work permit extensions for employees at certified companies have taken 108 days so far this year, up from 43 days in 2021. 

First time work permit applications outside the certified employer scheme have taken 121 days so far this year, which is actually less than the 139 days it took in 2021. Extensions outside the scheme have so far this year taken an average of 327 days, up from 277 in 2021. 

According to the calculator on the Migration Agency’s website, 75 percent of first work permit applications for people in industries that are not considered high risk are currently completed within three months, and 75 percent of work permit extensions are completed within 14 months. 

For first-time work permit applicants who have been given jobs by or through a certified company, the agency also estimates that 75 percent of applications are processed “within three months”. 

What’s the problem? 

According to Fredrik Bengtsson, the agency’s director for Southern Sweden, who is also responsible for processing work permits, the agency has received far more applications in 2022 than it had predicted at the start of the year. 

“So far this year we have already received 10,000 more applications than our prognosis,” he told The Local. 

New rules which came into force on June 1st have also significantly increased the workload, particularly a new requirement that those applying for work permits already have a signed contract with their future employer. 

“That meant that tens of thousands of ongoing cases needed to be completed,” Bengtsson said.  

The new law also meant that instead of simply having to simply meet a minimum income requirement to bring over spouses and children, work permit applicants also needed to prove that they could support them and supply adequate housing. 

“With the new law, we need to do a much more fundamental analysis of the employee [‘s financial situation], if they want to bring their family,” he added. 

Although the agency has reduced the number of its employees from around 9,000 immediately after the 2015 refugee crisis to about 5,000 today, Bengtsson said this was something decided on by Sweden’s government in the annual budget, and was not directly linked to the current staff shortages, or to the pandemic as some have reported. 

Wrong-footed by war in Ukraine 

While the agency had been aware of these changes in advance, warned about them in its responses to a government white paper, and recruited more staff in anticipation, Bengtsson said that that the war in Ukraine had diverted resources, meaning that at the time the new law came into effect in June, the work permit division lacked sufficient staff to handle the additional workload. 

What is the agency planning to do? 

The agency is still recruiting and moving more staff to the division processing work permits.

It is also increasing the use of digitalisation, or automated systems, to process work permit applications, although there are limits under the law meaning that parts of a work permit decision still need to be made by case officers. 

The new requirement to assess applicants’ ability to support their families has made digitalisation more complicated, Bengtsson said: “As soon as we need to make judgements, we can’t digitalise”. 

He stressed that the agency was still managing to process work permits within the four-month time limit given to it under law. The ten-day goal was just “a service we offer companies”, he added, and was not something the agency was mandated to achieve. 

“We are working full out to bring down the processing time again, but it is possible that we won’t be able to return to the processing times that we had before,” he said. “We may have to say, we can only do it in a month, but we will have to see how it is with the new laws for a few more months, and then we’ll take a decision.” 

In the longer term, Bengtsson predicted that if the labour market test or a much higher minimum salary for work permit applicants is brought in, as seems likely in the coming years, this would speed up processing times. 

“There will be fewer applicants, and it will be easier for those big companies hiring people with a higher education level to get work permit,” he said. 

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WORK PERMITS

EU to ease rules around the ‘single permit’ for non-EU workers

The European Parliament has pushed through changes that will ease the rules around the EU's so-called 'single permit' for third country nationals.

EU to ease rules around the 'single permit' for non-EU workers

What is the EU ‘single permit’?

The EU’s single permit grants third country nationals both a work and residence permit for an EU country with one application.

In 2022, 3.6 million non-EU citizens were issued a single permit to both reside and work in the EU, according to the European statistics agency Eurostat. Almost half of them (48.8 per cent) of the permits were issued for work reasons. France, Spain, Italy and Portugal together issued 63 per cent.

It was designed to simplify access for people moving to the EU for work. It also aims to ensure that permit holders are treated equally to the citizens of the country where they live when it comes to working conditions, education and training, recognition of qualifications and more.

READ ALSO: What is the EU’s ‘single permit’ for third-country nationals and how do I get one?

So what will change exactly?

Workers moving to the European Union on the EU’s ‘single permit’ will no longer be tied to the employer who sponsored them, but they will be able to change jobs under certain conditions, based on new rules adopted by the European Parliament.

The European parliament has now endorsed by a large majority (465 votes in favour, 122 against and 27 abstentions) an update of the directive that regulates the single permit, which was first adopted in 2011.

The changes concern people who move to the EU for the purpose of work.

Under the new text, it will be possible for single permit holders to change employer, occupation and work sector, just with a notification from the new employer to the competent authorities. National authorities will have 45 days to oppose the change.

EU states will also have the option to require a period of up to six months during which the single permit holder has to remain with the first employer. A change during that period would be possible, however, if the employer seriously breaches the work contract, for instance imposing exploitative conditions.

Javier Moreno Sanchez, the Spanish member of the European Parliament who was in charge of the change, said: “The review of the single permit directive will support workers from third countries to reach Europe safely, and European companies to find the workers they need. At the same time we will avoid and prevent labour exploitation, by strengthening the rights of third countries’ workers and protecting them more effectively against abuse.”

Under the new rules, it will be possible to apply for the single permit from a third country or from within the EU, if the applicant already has a valid residence permit. “A person who is legally residing in the EU could request to change their legal status without having to return to their home country,” a note by the parliament explains.

After the application, authorities should issue the single permit within three months, instead of the current four, but the procedure can be extended by 30 days if the file is particularly complex, and the time to deliver the visa is excluded.

Under the changes single permit holders who lose their job will be able to stay in the EU country where they live for three months while the permit is valid (it’s two months under current rules), or six months if they have been in the country for more than two years, to find another job. But each state may decide to offer longer periods.

If a worker has experienced exploitation, member states can also extend by three months the period of unemployment during which the single permit remains valid.

In general, after three months of unemployment, authorities may require evidence that the permit holders have sufficient resources to support themselves without using social assistance.

When will changes take place?

It will still take some time before the new rules are in place. The text of the directive has already been agreed with EU governments but still has to be formally adopted by the EU Council. After that, EU countries will have two years to introduce the changes in their national law.

These rules do not apply in Denmark and Ireland because both have opted out from EU policies in the area of freedom, security and justice, which include external migration.

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