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WORK PERMITS

EXPLAINED: How to have a work permit case reopened in Denmark

Most people who have an application for a permit to work in Denmark refused either just give up or appeal the decision. But in some cases, it can be quicker to have it reopened instead.

EXPLAINED: How to have a work permit case reopened in Denmark
Denmark issued an increased number of work permits to foreign nationals in 2022. Photo by Christin Hume on Unsplash

“Most people would not consider the option of a reopening of the case,” Christina Poblador, an immigration lawyer with the firm Jacobsen and Poblador, told The Local. “Most clients would just go the appeal way, because in all the denials, all the decisions that you get, it’s described how you appeal a case in the letter.”

But, with a 12 to 14-month waiting list at the Immigration Appeals Board and no guarantee you will be granted permission to stay or work in Denmark during your wait, it can often make more sense to reopen the case instead. 

READ ALSO: ‘When they reopened my Danish work permit case I was over the moon’

What does reopening a case entail? 

When an application to receive or extend a work permit is refused by the Danish Agency for International Recruitment and Integration(Siri) the case is officially closed.

If it is reopened, it is sent back to the agency, along with additional information, to be reconsidered. The agency will then either confirm or overturn its initial decision. 

What do you have to do to reopen a case?  

You need to write to Siri, either by sending an ordinary letter or, as the agency recommends, by using this contact form on its website. Click “I want to ask a question or send documentation related to a particular case”. 

You must first pay a fee of 930 Danish kroner to request a reopening of the case, which you do on this page

According to the guide in Siri’s New In Denmark website, your letter or form submission needs to include: 

  • The new information you believe is relevant to the case
  • Documentation for payment of the fee, including the case order ID
  • Your personal ID (appears in the decision letter from Siri)
  • The case number from the original case (appears in the decision letter from Siri)

What sort of additional information do you need to provide to reopen a case? 

You need to submit information which was: 

  •  Present when the original decision was made

  • Of such importance that the case might have had a different outcome if case officers had been aware of information when the decision was made 

This means that any changes to employment terms agreed after the application was made do not count.

But it would count if, for example, if the case officer did not have copies of payslips issued before the application that show additional overtime hours worked which then push an applicant for a work permit extension over the required number of hours.  

Can you still apply to reopen a case if you have already appealed it? 

It’s tough. If there is already a pending appeal, Siri will forward the additional information included in the request for reopening to the Immigration Appeals Board, which will then decide whether the case should be reopened by Siri or ruled on by the board itself. 

Given the long delays for decisions at the Immigration Appeals Board, there’s a clear risk that simultaneously requesting a reopening will, if anything, further delay a decision. 

How long do I have after a decision to ask for it to be reopened? 

There is no deadline, but if a considerable amount of time has passed since your decision and you have no good explanation for the delay, Siri may consider that you have been “too passive” and refuse your request to reopen the case. 

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WORK PERMITS

EXPLAINED: How to apply for a work permit in Denmark as an intern

Want to intern at the elite restaurant Noma, at the architecture firm Bjarke Ingels Group, as a vet or as a nurse? Here's what you need to know.

EXPLAINED: How to apply for a work permit in Denmark as an intern

Denmark has a special scheme for foreigners offered work in the country as interns, with different rules for those employed in architecture, healthcare, farming or veterinary jobs, or other sectors such as the natural sciences, technical fields, the pharmaceutical sector, or culture.

As an intern, you can get a permit to work in Denmark and a residency permit without having to earn any salary whatsoever, let alone secure the generous pay levels required to qualify for the Pay Limit Scheme. 

But you do have to meet the conditions put in place, to prevent unscrupulous employers using the internship permit to bring low cost labour to the country. 

You can find an English language guide to internships on the website of the Danish Agency for International Recruitment and Integration (Siri). 

READ ALSO: Danish work permit agency changes practice for hotel and restaurant interns

Who is eligible to get a work permit as an intern? 

You need to be between the ages of 18 and 35 (or 18 and 30 for some sectors), and you normally need to be studying a relevant subject in your home country or current country of residence .

In some cases you can already have recently graduated and in some cases you can be studying a subject not related to the internship, but if this is the case you need to show that you have passed a semester’s worth of courses in a relevant subject. 

If your internship is unpaid, you normally need to show that you have at least 6,820 kroner a month to support yourself over the period.

If your internship is paid, your salary must be at least 6,820 kroner per month, which has to be stated in the standard contract, and paid into a Danish bank account in a bank operating legally in Denmark.

Be aware that opening a Danish bank account can be difficult, with applicants normally needing to have a Danish address and CPR personal number. If you are having trouble you can apply for a basic payments account.

What qualifications do I need to show or paperwork do I need to provide? 

The rules are different depending on which sector you intend to carry out your internship in. 

Agricultural, horticulture, forestry or veterinary 

If you plan to intern in the agricultural, horticulture, forestry or veterinary sectors, you need to show that you have passed a language test in English, Danish, Swedish, Norwegian or German at the A2 level or higher, in Common European Framework of Reference for Languages scale.

This is a very basic level, described in the CEFR as enough to communicate “very basic personal and family information, shopping, local geography, employment”. 

For English language tests offered by IELTS, the Danish Agency for International Recruitment and Integration (SIRI) accepts test scores from 3.0, and for English tests from TOEFL, scores at Studieprøven level (C1 CEFR level). You will need to send the results certificate along with your application. 

To qualify for an internship in these sectors you also need to be studying a relevant subject in your home country, or the country where you have residency, and the internship also needs to be timed to coincide with where you are in the course, for instance as a practical element following more theoretical ones. 

“We compare the content of your educational programme with the job tasks which you will be carrying out during the internship,” Siri writes in its guide to internships. 

You cannot be more than 30 years old for an internship in these sectors. 

Interns in these sectors do not need to provide proof that they can support themselves. 

Healthcare 

There are no language requirements for an internship in the healthcare sector, and for medical interns there is no upper age limit (although an age limit of 35 applies for other healthcare interns). 

The internship must be related to the educational programme you are studying in your home or another country, and you need to submit an authorised translation of the list of courses you have studied, along with your application. 

You can receive an internship in healthcare even if your studies have recently been completed, but you must show that the internship is a continuation of your studies and relevant to the future role you intend to take on. 

If you have completed your studies, you should include documentation of any work experience you have had since completing your studies. 

If your internship is unpaid, you need to show that you have at least 6,820 kroner a month to support yourself over the period, which you can document with a bank statement or a copy of a scholarship certificate. It is not enough for someone else, such as a parent, to say they will support you. 

Architecture 

To be eligible for a work permit in the architecture sector, you cannot have completed your education and cannot be more than 35 years old. 

The internship must be related to the educational programme you are studying in your home or another country, and you need to submit an authorised translation of the list of courses you have studied, along with your application. 

If your internship is unpaid, you also need to show that you have at least 6,820 kroner a month to support yourself, which you can document with a bank statement or a copy of a scholarship certificate. It is not enough for someone else, such as a parent, to say they will support you. 

Which employers are eligible to take interns?

Employers need to be approved to take interns, either through a prior praktikpladsgodkendelse, or “place of internship approval”, or through sending detailed documentation to Siri on what the internship will consist of, including details of who will be supervising the intern, and prior experience the firm has with taking on interns or trainees. 

All public hospitals in Denmark are approved as places of internship.

If you are planning on interning at a Danish architecture firm, the firm must use the standard “Internship Agreement and Guidelines” issued by DANSKE ARK, the Danish association of Architectural Firms, and the Danish Union of Architects and Designers.

Architecture firms do not need to receive a separate praktikpladsgodkendelse but when filling in the standard contract, need to state the number of fully-trained architects and number of interns working at the firm. 

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