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:

  • Non-EU arrivals. Travelers from most non-EU countries are now required to produce the following when entering Denmark:
    • Proof of a “worthy cause” to enter Denmark (a short list of exceptions applies, but it may change at short notice).
    • Proof of a negative COVID-19 test taken within 72 hours of arrival.
  • EU arrivals. Travelers arriving from most EU counties are required to produce the following when entering Denmark:
    • Proof of a “worthy cause” to enter Denmark if the country the traveler is coming from is classified as an “orange” country.
    • Proof of a negative COVID-19 test taken within 72 hours of arrival if the country the traveler is coming from is on the EU’s high-risk classification list.

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:

  • The minimum salary for non-EU/EEA workers under the Pay Limit and Fast-track schemes has increased. The new salary minimum is DKK 436,000 per year (about US$64,800 or €58,345). The new minimum applies to all applications filed on or after Jan. 1, and represents a 2.1% increase over the 2019 minimum of DKK 426,985 per year. For work permit extensions, employers may continue to use salaries from the initial application.
  • A new Positive List has taken effect, identifying jobs for which there is a labor shortage. Officials added 18 jobs and removed 35 jobs from the list. Among those added were research and development manager, architect, hospital doctor and web developer. Among those removed were IT manager, IT engineer, finance manager and marketing manager. An overview of all of the changes to the Positive List is available here.
  • Immigration fees have been reduced. The fee for work permits under the Pay Limit, Fast-track and Positive List schemes is now DKK 2,990. The application fee for family members who are accompanying employees is DKK 1,470.

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.

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.

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.

  • Implementation time frame: The changes will take effect June 1.
  • Visas/permits affected: Work permits under the Pay Limit and Fast Track schemes.
  • Who is affected: Employers and foreign nationals applying for work permits under the Pay Limit and Fast Track schemes.

Additional information: On April 30, the Danish government announced small changes to work permit programs. Among the announcements:

  • The hours-per-week requirement will be reduced from 37 to 30 for workers in the Pay Limit Scheme.
  • Officials said they would not change the Pay Limit Scheme minimum salary requirement of 426,985.06 kroner (about US$64,224) per year, nor will they change the requirement that wages be paid into a Danish bank account.
  • Officials will allow for short-term stays of a total of 90 days within a 12-month period under the Fast Track Scheme. Previously, foreign nationals were limited to one stay of up to three months per year; now there is no limit on the number of stays, as long as the total number of days is no more than 90. This will ease the burden for employers who use foreign nationals under short-term contracts.
  • The period during which employers will not be permitted to use the Fast Track Scheme (quarantine period) after making minor mistakes in the application process will be reduced from two years to one year.
  • Officials will change one of the eligibility requirements for the Fast Track Scheme. Previously, Danish companies were deemed ineligible for the scheme if they incurred fines under the Danish Aliens Act of more than 20,000 kroner in the past year. The threshold has now been lifted to 60,000 kroner for companies with fewer than 250 employees and 100,000 kroner for companies with 250 or more employees.
  • Ph.D. students who hold a Danish student permit will be permitted to work immediately after submitting an application for a work permit.

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.

 IMPACT – MEDIUM

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.

  • Implementation time frame: April 10.
  • Documents affected: EU registration certificates.
  • Who is affected: EU nationals who are currently working in Denmark and are planning to stay and work in the country for more than three months; EU nationals who will be moving to Denmark to work for more than three months.

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.

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.

IMPACT – HIGH

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.

  • Implementation time frame: April 1.
  • Documents affected: EU registration certificates.
  • Who is affected: EU nationals that are currently working in Denmark and are planning to stay and work in the country for more than three months.

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.

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.

IMPACT – MEDIUM

Denmark has updated its Positive List, adding 24 job titles and removing 15.

Job titles added to the list: 

  • Finance manager
  • Deputy/assistant manager, sales
  • District manager
  • After school club manager
  • Nursing home administrator
  • Deputy head teacher
  • Restaurant manager
  • Environmental engineer
  • Landscape architect
  • Land surveyor
  • Health and wellness counselor
  • Midwife
  • Food service manager
  • Occupational therapist
  • Research assistant, humanities
  • Senior research, natural and technical science
  • Professor, health and wellness
  • Associate/assistant professor, university college
  • Upper secondary school teacher
  • Web developer
  • Civil economist
  • Psychologist
  • Psychotherapist
  • Laboratory dental technician

Job titles removed from the list:

  • Sales manager
  • Production manager
  • Statistician
  • Actuary
  • Civil engineer
  • Engineer, design and innovation
  • Hospital doctor
  • Teacher at a public primary and lower secondary school teacher
  • Teacher at independent boarding school for lower secondary school student
  • Speech-hearing therapist
  • Attorney
  • Assistant attorney
  • Assistant judge
  • Assistant prosecutor
  • National economist / socio-economist

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.

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.

IMPACT – HIGH

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:

  • Transition period. If no deal is agreed upon by the second half of February, the Danish government will legislatively establish a “temporary transitional scheme,” which will go into effect March 30. The scheme would ensure that U.K. nationals are allowed to continue residing and working in Denmark until legislation is introduced to address the future status of U.K. nationals. The transition scheme would not cover family reunification as is currently afforded to EU nationals, although it would cover children born or adopted after March 29.
  • Residence and work permits. U.K. nationals living in Denmark before Brexit will be allowed to reside and work as normal during the transition period and will be eligible to apply for residence and work permits, although the types of permits have not been determined.
  • New arrivals. U.K. nationals arriving in Denmark after March 29 will not be covered under the temporary transition scheme and will need to apply for residence and work authorization in accordance with the national rules for third-country nationals.

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.

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.

IMPACT – MEDIUM

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.

  • Implementation time frame: Jan. 1.
  • Visas/permits affected: Work permits.
  • Who is affected: Employers who sponsor Non-EU/EEA foreign nationals.

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.

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.

IMPACT – MEDIUM

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.  

  • Implementation time frame: Immediate.
  • Visas/permits affected: Chinese visas.
  • Who is affected: Individuals applying for Chinese visas in Denmark.
  • Impact on processing times: The interview will add another step in the process for those who are selected to be interviewed.
  • Business impact: Foreign employees should be prepared to appear in person to attend an interview if they are selected.

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.

Copyright © 2017 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.

IMPACT – MEDIUM

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.

  • Implementation time frame: Immediate and ongoing. The change was implemented July 1.  
  • Visas/permits affected: New work permit applications under the Pay Limit and Fast-track schemes filed on or after July 1 and extension cases for work permits granted under the new requirements. Extension applications for work permits that were approved under the old rules will not be affected.
  • Who is affected: Companies hiring foreign workers under the Pay Limit or Fast-track schemes.
  • Impact on processing times: Applications submitted without the declaration may be delayed.
  • Business impact: The change adds a new administrative requirement for employers using the Pay-limit and Fast-track schemes.

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.

Copyright © 2017 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.