New regulations for a number of schemes in the area of work and study
The Danish parliament has passed a bill which introduces a number of changes to the Danish Aliens Act. These changes affect several of the schemes administrated by the Danish Agency for International Recruitment and Integration (SIRI). Additional changes have been made to the Executive order on Interns and the Executive order on Aliens' Access to Denmark. All these changes take effect on 1 June 2019.
Below you will find an overview and description af the changes.
Fast Track scheme
- Regarding the short-term track, it will be possible to apply for more than one stay as long as the stays do not total more than 90 days per year counting from the first date of entry.
- Changing job position internally within the company without applying for a new permit will be possible. This applies to all the four tracks of the Fast track scheme.
Certification of companies for the Fast Track scheme
- Less strict rules will be implemented for certification of companies. If a company has been convicted of illegally employment of foreign labour more than twice (regardless of the size of the fine) or the company has been subject to a fine of DKK 60.000 or more (for companies with less than 250 employees) or subject to a fine of DKK 100.000 or more (for companies with more than 250 employees), the company cannot be certified for a period of 1 year. The changes also entail the possibility for an assessment of whether the violation has been caused by excusable circumstances as regards first time violations.
- The same change takes effect as regards revocation of a company's certification due to conviction of illegal employment of foreign labour. If a certification is revoked due to conviction of illegal employment a 1 year ban will be issued during which the company cannot be certified.
The Pay Limit scheme
- Changing job position internally within the company without applying for a new permit will be possible.
- Permits for employment for a minimum of 30 hours/week will be possible. The Pay Limit amount must still be observed.
Special Individual qualifications (artists and athletes)
- Artists and athletes holding a residence and work permit based on special individual qualifications are allowed to seek sideline employment without needing to apply for a separate permit, if the job is related to the main occupation.
- Applying for more than one establishment card will be possible (for each finished master's og PhD degree).
- Holders of an establishment card will be encompassed by the job change rule. This means that a holder of an establishment card who has applied for a new residence permit based on work will be granted the right to work until a decision has been reached regarding the new permit.
- Students and PhD students who have applied for an establishment card will be granted the right to work until a decision has been reached regarding the establishment card.
- PhD students will be encompassed by the job change rule. This means that a PhD student who has applied for a residence permit based on work will be granted the right to work until a decision has been reached regarding the new permit.
- Will be granted a permit for 6 months of job seeking after the work permit has expired.
Interns in the green sector
- Applicants can be up to 35 years old at the time of application.
- The language requirement is no longer required
- The internship can also supplement a completed educational programme
- The internship can have a duration of up to 18 months.
The changes have previously been described in a news item on newtodenmark.dk – read more here
- Nurses will be able to apply for a residence permit in order to obtain a Danish authorisation.
- Medical doctors and dentists can be granted residence for 3 years which can be extended for an additional 2 years. Nurses, however, can only be granted residence for 3 years.
- A fee of DKK 1,900 (2019 level) will be charged for applications for authorisation. The fee is regulated yearly.
Accompanying family members to researchers and PhD students
- Accompanying family members to researchers and PhD students will be exempt from the rules that can cause the permit to lapse.
Employers will be informed if a foreign national loses the right to work
- The Danish immigration authorities will begin to inform employers, if any, who during the last 3 months has employed a foreign national of any changes in the grounds for residence that causes that foreign national to lose the right to work. See separate news item here
The penalties for employers will be tightened. This means, for example, increased fines for employment of illegal labour.
All relevant pages on newtodenmark.dk will be updated on 1 June 2019 with the new regulations.