Resumption of cases under the Pay Limit Scheme and the Fast-Track Scheme (Pay Limit Track), where an application has been refused with reference to the Danish Aliens Act, section 9 (26)
SIRI has, of own accord, identified a number of applications which were turned down with reference to the Aliens Act, section 9 a (26). By mid-December, SIRI expects to have sent a letter to the affected applicants. The letters will include information about how to request that the case be reopened.
If you believe that your case may be affected by the adjusted practice, and you have not been contacted by SIRI by mid-December 2021, you can submit an application to have your case reopened. You can also do this right away, without waiting for a letter from SIRI. If your case is reopened, SIRI will assess whether your meet the other conditions for a residence and work permit.
On October 8, 2021 SIRI published a practice note concerning the use of the provision of section 9 (26) of the Danish Aliens Act in regards to turning down applications under the rule of assumption in applications under the Pay Limit Scheme and the Fast Track Scheme (Pay Limit Track).
The decision to turn down an application according to the rule of assumption has until now been applied by SIRI according to SIRI's practice. However, the rule of assumption was by Act no. 2195 of 29 December 2020 incorporated into the Danish Aliens Act section 9 a (26). According to this law, an application can be refused if there are certain assumptions that the actual employment conditions do not correspond to the conditions stipulated in the contract.
In October 2021, the Immigrations Appeals Board considered the first cases of appeals according to the new provision. Based on the decisions from the Immigration Appeals Board, SIRI is today publishing an adjustment of the practice note. The adjustment is concerned with applicants who have previously had a residence and work permit under the Pay Limit Scheme, and whose application was since turned down under the rule of assumption.
Since the provision entered into force on January 1, 2021, the adjusted practice is relevant for the applications during the period from January 1, 2021 until October 2021.