Search
Contact
Login
Share this article
IMPACT – MEDIUM The government of Sweden has extended its temporary ban on non-essential travel of foreign nationals until Dec. 22. The decision was made to try to slow the spread of COVID-19 infections.
Key Points:
Analysis & Comments: The temporary entry ban was first enforced on March 19. It has been extended several times. The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries
Rest of World 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 includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or 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
What is the change? A Swedish Migration Court of Appeal has ruled that cross-border commuters can be granted an extension to a work and residence permit even if they do not live in Sweden. Prior to this ruling, Swedish residency was a requirement.
What does the change mean? Commuters applying for certain work and residence permits will no longer be rejected simply for not residing in Sweden.
Background: Thousands of people commute between Denmark and Sweden every day, living in one country and working in the other. Swedish immigration law stipulates that a “stay” in Sweden is required for a work and residence permit, leaving it unclear whether cross-border commuting was permissible for non-EU nationals. Up until now, the Migration Agency had rejected work and residence permit extensions where the individuals concerned did not reside in Sweden.
Analysis & Comments: The new approach is welcome news that reflects the reality of modern work and could have a widespread impact given the thousands of people who commute between Denmark and Sweden.
The Swedish Migration Agency has increased work permit application fees. The new rates took effect Jan. 1, 2020.
The fees in some key categories are as follows:
A full list of the new work permit fees is available on this Migration Agency website.
Analysis & Comments: Sweden’s Migration Agency fees are now significantly higher in some key categories. Employers may need to make adjustments to their budgets to account for the new rates.
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? Sweden has increased its salary threshold for EU Blue Card holders to 51,900 SEK per month. The previous minimum was 50,550 SEK per month.
Analysis & Comments: The new salary minimums represent about a 3% increase over the previous thresholds. Employers should take note of the change and adjust their budgets if necessary.
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. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the Brexit news? The Swedish government has announced plans for how it would administer the status of U.K. nationals in Sweden 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 in the event of a “no deal” Brexit.
Analysis & Comments: The government’s proposals provide some certainty to employers and U.K. citizens in Sweden. While U.K. citizens and their family members would need to apply for residence permits during the transition period, it is not yet clear what type of residence permits will be issued. It is possible that a special residence permit for U.K. citizens will be established. U.K. citizens who will arrive in Sweden after March 29 are encouraged to consider applying for residence permits now, given that it will likely take weeks for residence permits to be issued.
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 change? Sweden has implemented the European Union’s Intra-Corporate Transferees Directive, creating a new permit category for non-EU/EEA nationals who are transferred within the same corporate group.
What does the change mean? Non-EU/EEA managers, specialists or trainees who are transferred within the same corporate group from outside the EU may now apply for Swedish ICT permits. Those holding ICT cards issued by another EU country and assigned to work in Sweden may apply for extended-stay mobility ICT permits.
Additional information: Sweden recently began accepting applications for the new ICT permits, moving into compliance with the 2014 EU directive.
ICT permits will be available to managers, specialists or trainees who (1) hold a valid passport, 2) have the required professional or educational experience, (3) have an employment contract or trainee agreement from their employer outside the EU/EEA, (4) have obtained or applied for health insurance for the required period of time, (5) have three months of experience with the company at the time of transfer, (6) have the ability to relocate within the same company or corporate group at the end of the assignment and (7) can establish that they are qualified to practice their profession, if working in a regulated profession.
Employers must provide the employee with an offer of employment, compensation that is consistent with collective bargaining agreements or standard pay for the profession or industry, and employment terms that are at least equal to those of employees posted in Sweden and at a level that enables employees to support themselves.
Extended-stay mobility ICT permits will be available to holders of ICT permits issued by other EU countries. Applications must include (1) copies of relevant passport pages, (2) an offer of employment and a statement from a trade union on the terms of employment, (3) an employment contract or trainee agreement from the employer outside the EU/EEA, (4) insurance information, (5) documentation confirming that the employee is qualified to practice his or her profession, and (6) a copy of the current ICT permit. Trainees must also include a degree certificate or similar document from their university.
Applications must be submitted through the mail for now, though an online application system is expected to be operational in April or May.
BAL Analysis: Sweden’s move to implement the directive should ease intra-Europe mobility for non-EU intra-corporate transfers. Some information remains unclear at this time, including whether ICT permit holders will be allowed to work at client sites. Those with questions about how the application process will work should contact BAL.
This alert has been provided by the BAL Global Practice group and our network provider located in Sweden. For additional information, please contact your BAL attorney.
Copyright © 2018 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.
What is the change? The Swedish Migration Agency (Migrationsverket) has launched a new system that it hopes will improve work permit processing times for certified companies.
What does the change mean? First-time work permit applications lodged by certified companies on or after May 2 should take no longer than 10 business days to process. Applications to extend work permits should take no longer than 20 business days.
Background: Sweden launched a new process for handling work permit applications, which will allow for faster processing times. Applications must be supported by a positive comment from the appropriate trade union to qualify for the faster times. The new processing times do not apply to applications filed before May 2. The migration agency has said it has devoted more resources toward cases that were pending as of May 2, but companies may find that employees with similar applications have significantly different processing times, depending on when the application was lodged.
BAL Analysis: The improved system is welcome news for companies recruiting foreign workers to Sweden, though processing times may remain inconsistent until the backlog of pre-May 2 applications is cleared. Those with case-specific questions should contact BAL.
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.
What is the change? Work permit renewal applicants are seeing significant delays in Sweden as authorities continue to focus resources on the ongoing migrant crisis.
What does the change mean? Work permit renewals are taking four to six months to process, up significantly compared with standard processing times. Swedish officials continue to prioritize new work permit applications, which are taking four to six weeks to process. New work permit applications for foreign nationals who have worked in Sweden previously are taking three to five months.
Background: Sweden was one of the top destinations for migrants fleeing the Middle East and North Africa in 2015 and 2016, and work permit renewal processes remain backed up.
Under normal circumstances, authorities ask that work permit renewal applications be submitted no more than 30 days before a permit’s expiration date. This poses problems, however, because due to the backlog, processing can take up to six months, leaving non-EU nationals with an expired work permit and unable to leave Sweden until they obtain their new permit. Authorities are now accepting applications early, and BAL recommends submitting new applications no later than six months before a permit’s expiration date.
Pay slips and other documentation may be requested for the time between when a renewal application is submitted and when it is approved.
BAL Analysis: Those in need of a work permit renewal should work with BAL to make sure they are leaving enough time to account for the delays in processing. Contact BAL with any case-specific questions.
When traveling to Sweden, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to Sweden, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
Nationals of the European Union, the United States and many other countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Sweden.
Sweden is a member of the Schengen Area, a free-travel zone comprised of 29 European countries. If your nationality is not among those listed as visa-waivered in the Schengen Area, you will be required to obtain a Schengen Visa prior to travel. Visa-waivered nationals, as well as those who are required to obtain a visa, are authorized to travel to Sweden and throughout the Schengen Area. Please note that travelers may not spend more than 90 days within any 180-day period inside the Schengen Area.
The activities below, whether paid or unpaid, generally constitute work under Swedish law. This list is not exhaustive, and many other professional activities are considered work in Sweden, even if conducted for a short duration.
In limited circumstances, business travelers may engage in specialized professional and technical activities without obtaining work authorization for a limited duration, though additional eligibility criteria may apply. An individual assessment is required before deciding whether a work authorization exemption is appropriate.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in Sweden. The most common types of work authorization in Sweden are:
Nationals from the European Union, the European Economic Area and Switzerland are not required to obtain work authorization in order to work in Sweden. However, registrations or other formalities may be required prior to working or residing in Sweden.
Additional work authorization exemptions are available in Sweden for qualifying groups, including students as well as residents of the European Union, the European Economic Area, and Switzerland. In these cases, a legal assessment to determine the possibilities for work authorization exemptions should be obtained prior to traveling.
The Trade and Cooperation Agreement (TCA), which governs post-Brexit relations between the EU and the U.K., has altered immigration regulations in the affected countries. Please be sure to contact your immigration representative for full details regarding the TCA’s impact in Sweden.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
What is the change? The Swedish Migration Agency has begun requiring copies of insurance certificates going back six to seven years as part of the work permit extension process.
What does the change mean? Employers submitting work permit extension applications or fresh work permit applications for employees who previously worked in Sweden must include copies of insurance certificates to establish that employees had health, life and occupational accident insurance at all times when working in Sweden.
Background: The change is the result of a 2015 court decision. Under the ruling, Swedish authorities applications must be satisfied that employees seeking work permit extensions received proper pay and insurance coverage for every month they were employed in Sweden on their initial work permit. The same is true for employees seeking a fresh work permit if the employee has worked in Sweden in the past. Until recently, authorities accepted a letter from an employer stating that the employee had insurance as sufficient evidence of past insurance coverage. Beginning June 2, however, the Migration Agency began requiring copies of insurance certificates, creating more work for employers filing work permit extension applications.
BAL Analysis: The most recent change and other new requirements have created delays in the work permit renewal process, as employers now have more work to do when filing applications and authorities have more to check when processing them. Applicants should prepare for longer processing times and be prepared to supply additional documentation. Businesses may need to adjust start dates or timelines to account for the increased processing times.
Copyright © 2016 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.