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Danish immigration authorities’ new rules for foreign nationals with a residence permit under the authorization scheme are now in effect.
Key Points:
Additional Information: Officials stated that it will also be possible to extend the authorization permit in certain cases if the applicant is in the process of or has been offered employment for adaption and training purposes.
BAL Analysis: The government hopes to provide employers and employees with greater flexibility, support employer recruiting efforts for highly skilled workers and provide greater options for short-term work.
This alert has been provided by the BAL Global Practice Group.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
Danish immigration authorities announced an adjustment of practice for salary declarations.
Additional Information: If an employment contract contains the salary in a foreign currency, an addendum to the contract must be completed stating the salary in DKK. Danish authorities use income statistics made by the Confederation of Danish Employers to assess whether an offered salary corresponds to Danish standards. An updated version of the income statistics is now available and will apply to applications submitted after July 1.
BAL Analysis: For applications for an extension of a residence and work permit where the original permit was granted before Sept. 1, 2024, salary stated in a foreign currency will be accepted. The foreign currency will be converted into DKK, and a decision regarding the application for extension is based on the exchange rate.
Danish immigration authorities published the new Positive Lists for professions experiencing a shortage of qualified professionals in Denmark.
Additional Information: The Positive List is updated twice yearly, on Jan. 1 and July 1. The job titles on the Positive List can be delisted no sooner than two years after the time they were added. For a complete list of included job titles, find more information here.
BAL Analysis: The Positive Lists are an important component of Danish immigration policy that designate shortage occupations and allow individuals in these professions to receive residence and work authorization in Denmark. If an individual’s job title was removed from the Positive List, they are still entitled to renew their permits if they qualify under the renewal conditions. Employers should be aware of the updated Positive Lists and understand the conditions and responsibilities when offering applicable positions.
Danish immigration authorities are relaxing policies for short-term workers, family reunification and bank requirements beginning July 1.
BAL Analysis: The government hopes to provide employers and employees with greater flexibility as well as make it easier for Danish nationals and their families to return to Denmark. These policy changes should also support employer recruiting efforts for highly skilled workers and provide greater options for short-term work.
Danish immigration authorities released the updated income statistics that will apply to applications submitted after April 1.
Additional Information: Applications for a residence and work permit received between Jan. 1 and March 31 will be evaluated according to the income statistics from the third quarter of 2023. Applications for residence and work permits received after March 31 will be evaluated according to the latest income statistics from the fourth quarter of 2023. To find the current and future applicable income statistics as well as a complete list of the schemes to which this policy applies, find more information here.
BAL Analysis: Danish authorities update income statistics each quarter. Employers should consider the income requirements in their 2024 budgets, as well as understand their responsibilities when completing their application forms and employment contracts.
Additional Information: The Positive Lists are updated twice a year on Jan. 1 and July 1. The job titles on the Positive Lists can be delisted no sooner than two years after the time they are added. For a complete list of the applicable job titles, please find more information here.
BAL Analysis: The Positive Lists are an important component of Danish immigration policy that designate shortage occupations and allow individuals in these professions to receive residence and work authorization in Denmark. If an individual’s job title is removed from a Positive List, they are still entitled to renew their permit if they qualify under the renewal conditions. Employers should be aware of the updated Positive Lists and understand the conditions and responsibilities when offering applicable positions.
Danish immigration authorities released updated income statistics, which will apply to residence and work permit applications submitted from Jan. 1, 2024.
Key Points:
Additional Information: Applications for residence and work permits received between Oct. 1 and Dec. 31 will be evaluated according to the income statistics from the second quarter of 2023. Current and future income statistics as well as a complete list of the schemes to which this policy applies are available here.
BAL Analysis: Danish authorities update income statistics each quarter; the next update will be on April 1, 2024. Employers should consider the income requirements in their 2024 budgets and understand their responsibilities when completing application forms and employment contracts.
Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
Danish immigration authorities released new rules that update the work permit exemption policy for employees working within affiliated companies.
Additional Information: An invitation letter with the following information is required for consideration: company information, number of employees, period of stay and an employment contract. The new rule can only be applied to managerial work or work requiring knowledge at the highest or intermediate level in the following sectors: construction, agriculture, forestry and horticulture, cleaning, including window cleaning, hotel and restaurant services and road freight.
BAL Analysis: The Danish Ministry of Immigration and Integration announced that the amendment is effective as of Nov. 17. This is a welcome change for Danish-affiliated companies, and the new 15-day exemption rule will hopefully make intracompany work more flexible for employees performing work in Denmark.
The Danish Agency for International Recruitment and Integration (SIRI) announced that a “rolling” calculation will now be used to monitor residence under the short-term track.
• Within the Fast Track Scheme, the short-term track grants a residence and work permit valid for up to 90 days. • These 90 days can now be distributed across several stays, with the “rolling” calculation tracking the overall total. • The official count starts from the first day that the permit is valid, and then is counted 365 days back in time to determine the remaining usage available.
BAL Analysis: The Danish government confirmed that pending applications based on first entry into Denmark under the short-term track can now contact SIRI to update the application using the new “rolling” calculation. The deadline to update the application is Dec. 1.
IMPACT — MEDIUM
The Danish government has announced that some third-country nationals will need to replace their residence cards.
Additional Information: Individuals in need of a new residence card are exempt from the application fee as a family member of an EU citizen. More information for those in need of a new residence card is available here.
BAL Analysis: The Danish government is requiring some third-country nationals to replace their residence card due to new safety requirements for the cards. Foreign nationals affected by the new residence card policy should replace their card as soon as possible to avoid travel complications.
This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.