Denmark

When traveling to Denmark, 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.

What types of activities may I engage in as a business visitor?

As a business visitor to Denmark, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:

• » Attend business meetings
• » Participate in negotiations
• » Tour a company facility
• » Attend a trade show or seminar convention

If I qualify as a business visitor, do I need a visa for Denmark?

Nationals of the European Union, the United States, and many other select countries are eligible for a visa waiver and are not required to obtain a visa in order to enter and conduct business activities in Denmark.

Denmark is a member of the Schengen Area, a free-travel zone comprised of 26 European countries. If your nationality is not eligible for a visa waiver 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 Denmark 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.

What types of activities require work authorization?

The activities below, whether paid or unpaid, generally constitute work under Danish law. This list is not exhaustive, and many other professional activities are considered work in Denmark, even if conducted for a short duration.

• » Repairs and maintenance
• » Project planning and implementation
• » Marketing

 
In limited circumstances, foreign nationals may engage in certain short-term professional technical activities without obtaining work authorization as part of an after-sales agreement, although strict preconditions must be met. An individual assessment is required before deciding whether an exemption is applicable.

If I am traveling to Denmark for work, what type of work authorization do I need?

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 Denmark. Foreign nationals must obtain work authorization in the form of a Residence and Work Permit. There are several Residence and Work Permit schemes in Denmark, with the most common being:

• » Positive List (work authorization for high-skilled professions for which there is a shortage in the Danish labor market)
• » Pay Limit Scheme (work authorization for professionals in a highly-paid position)

Is it possible to be exempted from work authorization requirements?

Nationals from the European Union, the European Economic Area, and Switzerland are not required to obtain work authorization in order to work in Denmark. However, registrations or other formalities may be required prior to working or residing in Denmark.

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 Denmark.

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.

Copyright © 2021 Berry Appleman & Leiden LLP. Government immigration agencies often change their policies and practices without notice; please consult an immigration professional for up-to-date information. This document does not constitute legal advice or create an attorney-client relationship. BAL maintains comprehensive immigration information and processing specifics for our clients.