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WORK PERMITS

How have work permit rules been changed in Denmark?

After the Danish parliament last week voted to ease some work permit requirements, we take a closer look at which rules have been changed.

How have work permit rules been changed in Denmark?
A number of work permit schemes have been changed under new rules taking effect on April 1st. Photo by Marten Bjork on Unsplash

Parliament to voted last week to make changes to Denmark’s immigrations rules designed to make it easier to for companies to hire internationally.

The bill, which was submitted to parliament in February by immigration minister Kaare Dybvad Bek, permanently reduces the minimum wage required under the Pay Limit Scheme (Beløbsordning), making it easier for companies to recruit skilled workers from non-EU countries.

It also opens up the country’s fast-track work permit certification scheme to companies with as few as ten employees, extends the job search period for foreign graduates of Danish universities to three years, adds more job titles to the Positive List for People with Higher Education, and extends the Start-up Denmark scheme for entrepreneurs. 

The new rules come into effect on April 1st, after which work permits can be applied for under the new rules.

Pay Limit Scheme 

The Pay Limit Scheme is an arrangement by which work permits are granted to non-EU nationals. Under the scheme, work permits can be granted to applicants who have been offered a wage above a set amount by a Danish employer.

Under the old rules that minimum wage was 448,000 kroner per year. The law change permanently reduces it to 375,000 kroner per year.

Foreign workers can now be given a work permit under the scheme on the lower wage, but it should be noted that that jobs given to non-EU citizens hired internationally are still subject to rules ensuring equivalent pay for the roles.

This means that if the role being hired for was normally paid 425,000 kroner, for example, employers will still have to pay this level, and not the 375,000 kroner minimum. 

Fast-track work permit 

The Fast-track Scheme allows certified companies to employ foreign nationals with special qualifications more quickly and easily than through the standard pathway.

If an employer and employee agree they want the new job to be started quickly, the employer can be given power of attorney to submit an application under the Fast-track Scheme on behalf the employee. It is a prerequisite that the employer is certified to use the Fast-track Scheme.

In short, this means that employers, by registering the scheme, can enable their foreign hires to be granted a temporary work permit so they can start their job immediately after arriving in Denmark, or – if the employee is not exempted from Danish visa rules – get them a permit including an entry visa within 10 days.

The new rules allow companies with as few as 10 employees to register for the scheme, a reduction from the minimum of 20 under the old rules.

Job search period for foreign graduates of Danish universities 

The outgoing rules allow students who have completed and been awarded a Danish Professional Bachelor’s (vocational), Bachelor’s, Master’s degree or PhD degree to can for an establishment card.

This is a residence and work permit that allows the graduated student to stay in Denmark for two years, the period of time the permit is valid, to enable them to apply for jobs and establish themselves on the labour market.

There are certain conditions attached to the establishment card: You must not give up your Danish address or stay abroad for longer than 6 successive months, and the permit does not allow you to work in other Schengen countries.

Under the new rules, all foreign nationals who complete degree programmes with the above classifications will automatically be given a three-year (a longer period than the two years given under the old rules) “job seeking period” in which they have the right to live and work in Denmark.

Positive List for People with Higher Education

The Positive List is a list of professions experiencing a shortage of qualified professionals in Denmark.

Danish Residence and work permits can be granted based on offers of jobs included in the Positive List. Applicants must have an educational background that makes them qualified for the job.

The Positive List is usually updated twice a year, in January and July, but the new rules open up this list to a broader range of applicants.

No information is currently available as to who will be covered by this broader scope, but the now-passed bill which implements the changes mentions that “regional labour market councils” and “specialised a-kasser” [unemployment insurance providers] can conclude there is “a national lack of qualified labour” and that job offers can thereby qualify for the positive list.

Start-up Denmark scheme for entrepreneurs

Start-up Denmark is a scheme for foreign entrepreneurs. Two-year work permits can be granted based on a business idea which must be approved by a panel of experts appointed by the Danish Business Authority. If the business is successful, the permits can be extended for three years at a time.

The scheme can be used by both individuals and teams of up to three people who want to start a business together in Denmark through a joined business plan.

There must be specific Danish business interests that favour of the establishment of the business in Denmark, and normal businesses such as restaurants or retail do not normally qualify under the existing rules.

However, like with the Positive List, the rule changes open the scheme to a broader range of applicants.

While it seems the new rules could benefit a broad target group of potential skilled foreign workers who see opportunities in Denmark, they “may be a game changer for the smaller companies hiring employees within industries with lower salary thresholds where the new hire has only a few years of experience,” Rikke Wolfsen, country manager Global Immigration practice with the Danish section of financial services company EY, told The Local in previous comments about the lower salary thresholds. 

Full details of the new rules and their relevant application pages and materials will be published on the website of the Danish Agency for International Recruitment and Integration (SIRI), the agency which processes work permit applications, on April 1st.

We will also report additional detail relating to, for example, the Positive List and job seeking period for graduates.

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For members

INTERVIEW

‘A noticeable change’: What Denmark’s plans to change family reunion rules mean

Olivia Scott, chair of the campaign group Marriage Without Borders, tells The Local that while the Danish government's plans to make it easier to bring a foreign spouse to the country are welcome, they don't go nearly far enough.

'A noticeable change': What Denmark's plans to change family reunion rules mean

Scott, a Dane who is married to an American, told The Local that her organisation, Ægteskab Uden Grænser, had mixed views about the bill, which will give Danish international executives the same rights to bring a foreign wife to Denmark as foreign executives, halve the bank guarantee or bankgaranti those bringing a spouse to Denmark have to leave for their local municipality, and reduce language requirements for the Danish partner. 

“For some it will make a noticeable change,” she said of the bank guarantee change, “because it is going from being around 114,000 kroner to 57,000 kroner which is much more digestible, especially for younger people, so of course that’s welcome. But we just don’t think it should be there at all.”

As municipalities almost never draw funds from the deposits to support spouses who have come to Denmark, the system, she said, was actually costing them more in adminstration fees than they were gaining from it. “So it ends up becoming a cost for our municipalities and for our government, instead of serving the purpose it’s supposed to serve.” 

READ ALSO: What’s in the new law on bringing a foreign spouse to Denmark?

As for the plan to allow Danish executives returning to Denmark for work to bring a foreign wife and family under the same rules as apply to foreign executives, she said this followed a pattern in Denmark where only so called mønsterborgere, or “outstanding citizens” were welcome to bring spouses to the country. 

“Yes, there are some people that will benefit from this, and we’re always happy when there are regulations that change for the better,” she said. “But this is still just a small group.” 

Olivia Scott is chair of Marriage without Fronteirs. Photo: private

She said the attention being given to Danish executives in the bill simply served to emphasise the gap in the way regular Danes and “highly educated Danes with a lot of money” are seen by the government. 

“That this regulation is making it easier for highly educated individuals with good jobs, is, again, confirming this premise that it is only ‘outstanding citizens’ that we feel should be able to enjoy the ability to be family unified,” she said. 

The third part of the new law, which alters the language requirements for the Danish partner was, she said, welcome, as many Danes who wanted to bring a spouse to Denmark were being foreced to take a Danish exam to prove their ability to speak their own native language.  

“There has been a group of elderly gentleman that simply do not have the physical documentation that they passed their ninth grade. It’s called the afgangseksamen. It’s a physical document that they have lost over the last couple of decades, and so they have had to go and take a Danish test to certify their level of Danish, which is ridiculous because they’re Danish and they’ve lived and studying here their whole life.”

As for the final bit of the new bill, which will block spousal reunions if either the Dane or their partner has been charged or is under prosecution for a crime, Scott said Marriage without Borders supported the idea that someone who has been sentenced for comitting a hard crime is limited in their ability to get family reunification.

“But maybe there should be consideration paid to how long ago the crime was committed,” she said. 

In addition, she said, there was little evidence that foreign spouses tended to commit crimes, so the change would have little impact. 

“If you go and you look at statistics on foreign spouses family reunified with Danish citizens, the crime rate is lower in this specific group than it is among regular ethnic Danes.” 

Finally, she said that even if the bill represented a step forward, her organisation intended to keep pushing for additional relaxations of Denmark’s draconian family reunification rules. 

“Obviously, we hope that it’s going to go further, but we as an organisation are not going to be happy until the day when the rules for family reunion according to Danish law are equalised with those under EU law,” she said. “We cannot accept that the under EU law, you can come to the country as long as you can financially support yourself, and you can obtain permanent residency in five years, whereas for Danish laws, you are locked-into sometimes decades of struggles for no reason.” 

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