Danish immigration authorities released new rules that update the work permit exemption policy for employees working within affiliated companies.

Key Points:

  • Third-country national employees may now work for short periods in certain cases without a residence and work permit.
  • The new rule will allow employees to work in two separate periods of 15 working days, each occurring within 180 days. These two periods must be separated by a stay outside of Denmark for at least 14 days.
  • Employees must be employed by a company established abroad and affiliated with a Denmark-established company that has at least 50 employees.

Additional Information: An invitation letter with the following information is required for consideration: company information, number of employees, period of stay and an employment contract. The new rule can only be applied to managerial work or work requiring knowledge at the highest or intermediate level in the following sectors: construction, agriculture, forestry and horticulture, cleaning, including window cleaning, hotel and restaurant services and road freight.

BAL Analysis: The Danish Ministry of Immigration and Integration announced that the amendment is effective as of Nov. 17. This is a welcome change for Danish-affiliated companies, and the new 15-day exemption rule will hopefully make intracompany work more flexible for employees performing work in Denmark.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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.

 

The Danish Agency for International Recruitment and Integration (SIRI) announced that a “rolling” calculation will now be used to monitor residence under the short-term track.

Key Points:

• Within the Fast Track Scheme, the short-term track grants a residence and work permit valid for up to 90 days.
• These 90 days can now be distributed across several stays, with the “rolling” calculation tracking the overall total.
• The official count starts from the first day that the permit is valid, and then is counted 365 days back in time to determine the remaining usage available.

BAL Analysis: The Danish government confirmed that pending applications based on first entry into Denmark under the short-term track can now contact SIRI to update the application using the new “rolling” calculation. The deadline to update the application is Dec. 1.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2023 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

The Danish government has announced that some third-country nationals will need to replace their residence cards.

Key Points:

  • Beginning Aug. 3, 2023, residence cards issued before 1998 to third-country family members of EU citizens who have the right to permanent residence in Denmark will no longer be valid.
  • Beginning Aug. 3, 2026, residence cards issued between 1998 and 2011, as well as those issued between Aug 3, 2016, and Aug, 3, 2021, to third-country family members of EU citizens who have the right to permanent residence, will no longer be valid.
  • Residence cards in these cases will no longer be valid even if there is no expiration date on the card.
  • Individuals who are not in Denmark and whose residence cards expire must apply for a reentry permit at a local Danish embassy.

Additional Information: Individuals in need of a new residence card are exempt from the application fee as a family member of an EU citizen. More information for those in need of a new residence card is available here.

BAL Analysis: The Danish government is requiring some third-country nationals to replace their residence card due to new safety requirements for the cards. Foreign nationals affected by the new residence card policy should replace their card as soon as possible to avoid travel complications.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Danish government announced that it will require individuals to use online forms for some immigration applications.

Key Points:

  • As of June 1, individuals must use online forms for the following immigration applications:
    • AR1 online — Application for residence and work permit on grounds of salaried work.
    • PHD1 online — Application for a residence and work permit as a PhD student.
    • MF1 online — Application for a residence and work permit as a family member of a foreign national who is to work or study in Denmark.
    • PR1/3 online — Application for a residence and work permit as an intern (except for commuters).
    • XG 1 — Application for a residence and work permit as a volunteer or in order to obtain a Danish authorization as a doctor, dentist or nurse.
    • BF1/2 — Application for dispensation to prevent a residence permit from lapsing.
  • Danish authorities may reject applications that do not use the new online forms.

Additional Information: More information regarding the mandatory use of online application forms and possible exemptions is available here.

BAL Analysis: Denmark authorities implemented the new online form requirement to streamline the application process and reduce processing times.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Danish government increased fees for work, study, intern and accompanying family applications on May 17.

Key Points:

  • Individuals applying for work permits must now pay 4,670 DKK (about US$678), increased from 4,405 DKK.
  • Individuals applying for study permits must now pay 2,115 DKK, increased from 1,890 DKK.
  • Individuals applying for intern permits must now pay 4,320 DKK, increased from 4,175 DKK.
  • Individuals applying for accompanying family permits must now pay 2,635 DKK, increased from 1,615 DKK.

Additional Information: Those who paid filing fees before May 17 but did not submit their application must make an additional payment to account for the increase.

BAL Analysis: Denmark’s fees for processing applications for residence permits are normally adjusted on Jan. 1 each year. The May 17 adjustment is due to the fact that the national budget for 2023 took effect on that date.  Employers should take the new application fees into account and adjust their budgets if necessary.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Danish government has introduced new printable application forms for nationals of EU/EEA countries and their family members.

Key Points:

  • Nationals of EU/EEA countries or Switzerland applying for EU residence must now use the OD1A application form.
  • Individuals who are posted by a company within the EU to work in Denmark must also use the OD1A application form.
  • Family members of EU, EEA or Swiss citizens applying for EU residence must now use the OD1B application form.
  • EU, EEA or Swiss citizens and their family members applying for permanent residence must use the OD1C application form.

Additional Information: Those who are applying for EU residence online must continue to use the OD1 form. More information is available here.

BAL Analysis: Individuals applying for EU residence in Denmark should review the application instructions carefully and ensure they are using the new forms to avoid complications and delays.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Danish government passed a bill to strengthen its ability to recruit and retain foreign workers, which takes effect on April 1.

Key Points:

  • Danish companies will be required to have only 10 full-time employees (decreased from 20) to qualify for the Fast-track Scheme.
  • Employers will be able to hire foreign nationals under the new Supplementary Pay-limit Scheme for up to five years if:
    • The job has a gross base salary of at least 375,000 DKK per year (about US$54,000).
    • Gross unemployment does not exceed 3.75%.
    • The job was posted on Jobnet and EURES for at least two weeks.
  • Foreign companies that intend to open a new branch in Denmark will be able to use the Start-up Scheme.
  • Foreign students who graduate with at least a bachelor’s degree will no longer be eligible for the Establishment Card Scheme but will automatically receive a jobseeking permit valid for three years to live and work in the country.

Additional Information: Danish authorities plan to add occupations to the Positive List; all jobs on the list will remain there for at least two years.

BAL Analysis: Danish authorities intend to attract and retain more foreign talent by adjusting the requirements for the Fast-track Scheme, introducing the Supplementary Pay-limit Scheme and jobseeking permit, and amending the Start-up Scheme.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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

The Danish government announced that it will offer temporary work permits to foreign nationals using the fast track scheme in Esbjerg.

Key Points:

  • Foreign nationals using the fast track scheme can now book an appointment for a temporary work permit through January 2023.
  • Appointments must be booked by writing to the foreign national’s employer’s contact at the Danish Agency for International Recruitment and Integration.
  • Appointments must be booked at the immigration authorities’ office in Esbjerg by 12 p.m. the day before the appointment.
  • Temporary work permits will be issued at SIRI Esbjerg on Wednesdays from 9 a.m. until 3 p.m. Appointments cannot be made at SIRI Sønderborg.

BAL Analysis: Danish authorities made temporary work permits available to those using the fast track scheme to help foreign nationals begin working more quickly once they arrive in Denmark. The quick job start policy is available to foreign nationals until the end of January 2023, after which authorities will decide if the policy will be extended.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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

The Danish government has announced that it is tightening its short-term visa requirements for Russian nationals.

Key Points:

  • Officials have decided to suspend the visa-facilitation agreement between Denmark and Russia in accordance with the EU Council’s recent decision.
  • As of Sept. 10, Russian nationals will only qualify for short-stay visas for private visits in cases of extenuating circumstances, including the death or terminal illness of a family member living in Denmark.
  • Russian nationals can still receive short-stay visas for business or cultural visits in specific justified cases.
  • The tightened visa requirements will not affect Russian nationals who have applied for Danish work permits.

BAL Analysis: Russian nationals should expect continued difficulty in obtaining visas for travel to Denmark and countries in the Schengen Area. Employers should plan travel well in advance to avoid complications and delays.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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

The Danish government has ended same-day biometrics appointments for Quick Job Start applicants.

Key Points:

  • As of Aug. 25, Quick Job Start applicants applying through the Fast Track program can no longer book same-day biometrics appointments.
  • Applicants must book their biometrics appointment before noon local time at least one business day before their desired appointment date.
  • Applicants cannot book their biometrics appointment online; they must book their appointment through a link in the email receipt the employer receives after submitting the application or by contacting the employer’s contact person at the Danish Agency for International Recruitment and Integration (SIRI).

Additional Information: More information regarding the Quick Job Start application process is available here.

BAL Analysis: Same-day booking for biometrics appointments was removed because too many bookings were being made with short notice, causing processing delays and complications, Danish authorities stated. Foreign nationals who need to book a biometrics appointment for the Quick Job Start program should book an appointment at least one business day in advance.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.