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Danish immigration authorities released new rules that update the work permit exemption policy for employees working within affiliated companies.
Key Points:
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.
• 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.
IMPACT — MEDIUM
The Danish government has announced that some third-country nationals will need to replace their residence cards.
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.
The Danish government announced that it will require individuals to use online forms for some immigration applications.
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.
The Danish government increased fees for work, study, intern and accompanying family applications on May 17.
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.
The Danish government has introduced new printable application forms for nationals of EU/EEA countries and their family members.
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.
The Danish government passed a bill to strengthen its ability to recruit and retain foreign workers, which takes effect on April 1.
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.
The Danish government announced that it will offer temporary work permits to foreign nationals using the fast track scheme in Esbjerg.
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.
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.
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.
The Danish government has ended same-day biometrics appointments for Quick Job Start applicants.
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.