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IMPACT – HIGH
Denmark has implemented new COVID-19 testing requirements for most foreign nationals arriving at Danish borders. The changes took effect Oct. 26 and were implemented to minimize the spread of COVID-19. The new requirements do not apply to Danish nationals or to travelers who are registered at an address in Denmark and hold a valid residence and work permit (for non-EU nationals) or a valid yellow health care card (for EU nationals).
Key Points:
Analysis & Comments: Companies should advise their employees to determine before traveling whether they have a valid reason to enter the country and whether they need a COVID-19 test. Those traveling to Denmark are also advised to check to see if there are any departure restrictions in their country or if clearance is needed in order to leave. Deloitte encourages anyone traveling to Denmark to start any required application processes well in advance because of significant processing delays in Denmark at this time.
Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in Denmark and other countries.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
IMPACT – MEDIUM
Denmark has implemented a host of changes that will affect employers sponsoring non-EU/EEA foreign workers.
The following changes took effect Jan. 1:
Analysis & Comments: Employers should review the changes and make sure they are meeting new salary thresholds. Employers are reminded that applicants can only apply for a work permit through the Positive List Scheme if their job appears on the new version of the list, which will remain in effect through June 30. The reduced immigration fees are a welcome development. A full list of the new fees is available here.
What is the change? Danish officials have made minor changes to work permit programs.
What does the change mean? Under rules that will take effect June 1, Denmark will reduce the hours-per-week requirement in the Pay Limit Scheme, ease penalties on employers who make minor mistakes when using the Fast Track Scheme, and allow for multiple short-term stays within a 12-month period.
Additional information: On April 30, the Danish government announced small changes to work permit programs. Among the announcements:
Analysis & Comments: While the changes are minor, they will in some cases make it easier for employers to sponsor workers in the Pay Limit Scheme or employers to qualify as eligible for the Fast-track scheme.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the update? Applicants now need to book appointments to apply for an EU registration certificate. Previous to the change, which went into effect April 10, appointments were not required.
Background: Effective April 10, EU registration certificates must be obtained at the Agency for International Recruitment (SIRI), located at Ellebjergvej 52, 2450 Copenhagen SV, and applications must be submitted in person. The most recent change requires applicants to book appointments to submit certificate applications, adding an additional step to the application process. According to the authorities, the process is not operating yet, but certificates will eventually be issued during the appointments.
Analysis & Comments: Employees submitting registration certificate applications will need to book appointments online, effective April 10. Booking information can be found here.
What is the change? EU registration certificates will now be administered by the Agency for International Recruitment and Integration (SIRI) and not the Regional State Administrative Office (RSA).
What does the change mean? SIRI has begun processing certificate applications as of April 1. Applications must be submitted in person.
Background: EU/EEA nationals who have employment in Denmark and are planning to stay and work in the country for more than three months may obtain an EU Registration Certificate. Previously, certificates were obtained at the Regional State Administration (RSA). Beginning April 1, certificates will be obtained at the Agency for International Recruitment (SIRI), located at Ellebjergvej 52, 2450 Copenhagen SV.
Analysis & Comments: Employers should keep in mind the new registration certificate process and ensure that applications are submitted in-person at the SIRI office.
Denmark has updated its Positive List, adding 24 job titles and removing 15.
Job titles added to the list:
Job titles removed from the list:
Analysis & Comments: The Positive List is a list of occupations for which there is a labor shortage in Denmark. Non-EU nationals who have been offered a job on the list, including job titles that were recently added, are eligible to apply for a work permit through the Positive List Scheme. The current Positive List will remain valid through June 30. The complete list is available here.
What is the Brexit news? The Danish government has released plans on how it would administer the status of U.K. citizens in Denmark in the event of a “no deal” Brexit.
Key points:
Background: The U.K. is set to leave the European Union on March 29, and although the U.K. and the EU have negotiated a draft withdrawal agreement, the U.K. Parliament has not approved it. EU member states are releasing plans on how they will address the end of EU free movement as applied to U.K. citizens.
Analysis & Comments: The government’s contingency plan provides some certainty to employers and U.K. citizens in Denmark, as the transition period would allow employees to continue working and living in the country while awaiting clarification by the government regarding their permanent status. Though the status of U.K. citizens and their families after the transition period is unclear at this time, they will most likely need to apply for residence permits during the transition period. Employees should register with local authorities and obtain an EU registration certificate before March 29 to prove that their residence status was originally issued in accordance with EU free movement laws.
What is the change? The minimum salary for foreign nationals working in Denmark under the Pay Limit Scheme has increased to 426,985.06 kroner (about US$65,427) per year, or 35,583 kroner per month (exclusive of employer benefits). The government has also announced amendments to the Positive List and released new government fees for the year. Work permit application fees are now €405 for principle applicants and €202 for dependents.
Background: Non-EU/EEA foreign nationals requesting work authorization in Denmark must apply for and obtain a work and residence permit prior to entry. Several work and residence permit schemes are available to highly qualified applicants, including the Positive List, the Pay Limit Scheme, the Fast-track Scheme and the Corporate Scheme.
The Pay Limit Scheme is available to foreign nationals who have been offered a highly paid position that meets the gross salary threshold set annually by the Danish Agency of International Recruitment and Integration. The Positive List is published annually by the Danish government and includes professions in the teaching, engineering, medical and financial sectors. Highly qualified foreign nationals who have been offered a position in these professions may have an easier time obtaining work authorization. This year’s Positive List can be found here.
Analysis and Comments: Employers must meet the new threshold for Pay Limit Scheme applications. Extensions of existing work permits may continue to use salaries from the initial application. The new salary minimum will apply to applications submitted on or after Jan. 1 and represents a 2.2-percent increase over the 2018 minimum of 417,793.60 kroner per year.
What is the change? The Chinese Embassy in Copenhagen has introduced a pilot program requiring that some visa applicants attend an in-person interview as part of the application process.
What does the change mean? About 10 to 20 percent of applicants will be selected randomly for interviews during the trial period. The pilot program will continue for a short time and could lead to a permanent requirement later.
BAL Analysis: The change follows similar requirements recently introduced by Chinese embassies in other locations, including interviews for Z work visa applicants in London and mandatory biometrics appointments in Sweden.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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What is the change? Danish authorities are requiring employers using the Pay-limit and Fast-track schemes to include a sworn declaration on payment of salary when submitting applications.
What does the change mean? Employers using the Pay-limit and Fast-track schemes are required to submit the declarations, which ask them to confirm that employees will be paid according to minimum salary standards and to check a box stating that salaries “up to and including the minimum amount” will be paid into a Danish bank account.
Background: The gross minimum salary for foreign workers under the Pay Limit or Fast-track schemes is currently 34,067 kroner (about US$5,220) per months (408,800 kroner per year). Under a law that took effect July 1, employer-paid housing, transportation or other employee benefits cannot be counted when calculating the base yearly minimum salary. The minimum gross salary must be paid into a Danish bank account, but any pay above the minimum may be paid into a foreign account. The new forms ask employers to confirm that minimum salary requirements will be met and that pay up to and including the salary minimum will be paid into a Danish account.
BAL Analysis: Employers should be sure to include the declarations when completing first-time applications submitted under the Pay-limit and Fast-track schemes. The declarations are only required in renewal applications for work permits initially granted under the new regulation, not those granted before July 1.
This alert has been provided by the BAL Global Practice group and our network provider located in Denmark. For additional information, please contact your BAL attorney.