Court rules in favor of cross-border commuters in residency case

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.

• Implementation time frame: Ongoing.
• Visas/permits affected: Work and residence permit renewals for non-EU nationals who work in Sweden but live in another country.
• Who is affected: Non-EU nationals applying for an extension of work or residency permit in Sweden.
• Business impact: Businesses will be able to continue to employ non-EU nationals who work in Sweden but commute to work from another country, e.g., Denmark.

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.

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