Visa or work permit?
In most cases, foreign nationals need to have a residence and work permit before they can begin working. In certain cases, however, foreign nationals can perform work-related activities while in Denmark on a visa, without holding a residence and work permit.
If your stay is shorter than three months, you are allowed to perform certain types of work-related activity even if you do not have a residence and work permit. Such activities include teaching or attending a course or participating in meetings, negotiations, briefings and training.
You need a residence and work work permit if the point of your visit is to create a product, change a product or contribute to the output of a company in any way.
If your company has supplied equipment, machinery, computer programs or the like to a Danish company, relevant employees may fit, install or repair this while in Denmark on a visa stay in accordance with the fitter rule.
It is important that you and your company determine whether you need a residence and work permit or a visa before you arrive in Denmark. If you originally applied for a visa because you thought this would be easier to obtain, and you later ‘realise’ that you need a residence and work permit, it is unlikely you will be permitted to extend your visa beyond its 90-day limit.
Therefore, it is important that you clearly indicate the tasks you are to perform during your visit. All elements of the work to be performed must be explained in detail. In the case of education or training, you must state what the course content is. In the case of computer-related work, you must state what type of computer system you will be working on. Providing a full and accurate description of the reasons for your stay shortens application time by reducing the amount of further information the Immigration Service will need to obtain.
Applications are reviewed on an individual basis, but the following examples illustrate standard Immigration Service practice:
- Meetings and briefings: You want to travel to Denmark for five days in order to speak with company employees you are in daily contact with, either over the telephone or by e-mail. During the meeting you will discuss projects that you will complete in your home country. In this scenario, you have not contributed to the company’s output while you are in Denmark, even though you may do so after returning to your home country on the basis of the meetings and conversations you had while in Denmark. You do not need a work permit for this type of activity; a visa is sufficient.
- Stay in Denmark in connection with tender: A person employed by a foreign company wishes to stay in Denmark for 60 to 90 days in order to participate in meetings with a Danish company which has put a task out to tender. The person is in constant dialogue with the Danish company about the tender. During his/her stay in Denmark, the person participates in the process of submitting the tender, ie. work-related activities which could as well be made in the foreign company, but where the stay in Denmark and the ongoing dialogue with/input from the Danish company about the tender makes the process easier. During his/her stay, the person may not carry out any activities that may be included in the delivery to the Danish company (if the foreign company wins the tender). If the foreign company (which may also be a parent, affiliate or subsidiary of the Danish company) wins the tender, the person must hold a work permit in order to participate in the solution of the task. If the stay is with a Danish company where the person is employed by a foreign parent, affiliate or subsidiary of the Danish company, and where the person has specific competencies to be used in the Danish company's production of the offer etc., then the person’s participation in this work requires a work permit.
- Training and internships: You want to travel to Denmark for 60 days in order to receive training and, after completing the training, handle a programming project for the company. This type of activity requires a work permit. The stay can be divided into two parts: the training and the programming. You training does not contribute to the company’s output, but the computer programming does, and therefore requires that you hold a residence and work permit. A work permit is not required if you only receive training in Denmark and then return home and carry out the programming work in your home country.
- Length of stay: You are an employee of the subsidiary of a Danish company scheduled to follow a theoretical and practical training programme at the Danish office, scheduled to begin on 1 October and end on 31 December (including both days). In this instance, you would need to apply for a work permit, as the entire length of the programme is 92 days. Visas are valid for a maximum of 90 days.
- Incomplete information: When applying for a visa, you present an extensive manual that you need in order to perform your job in a company that is the subsidiary of a Danish company. You apply for a 90-day visa, but neither you nor your company can state precisely what your time will be spent on in Denmark. The only information given is that you will receive theoretical and practical training, the specifics will be determined as you go. In this instance, neither the Danish Embassy in your country nor the Immigration Service would have enough information to go on when deciding whether you need a work permit. Your application for a visa will be rejected and you will be told to apply for a work permit.
- The fitter rule: A company in Denmark has purchased a product from your company, such as advanced equipment or a computer programme. The nature of the product is so specialsed that it requires someone from your company to set it up. If the task is expected to last less than 90 days, only a visa is required. However, if you know that the job will take longer than 90 days, you must apply for a residence and work permit before you begin working.
Complete rules regarding work permit exemptions are listed in section 33 of the Aliens Order (in Danish only).
Find the Aliens Order.
Read more about special groups who do not need a work permit in order to work in Denmark.
Read more about the general rules for working in Denmark.