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IMMIGRATION

Sweden proposes new rules for work permit holders

New rules for work permit holders in Sweden could come into force as early as the turn of the year, said Justice Minister Morgan Johansson as the proposals were presented.

Sweden proposes new rules for work permit holders
A Migration Agency office in Sweden. Photo: Adam Wrafter/SvD/TT

A government inquiry on Tuesday presented the first of two reports into proposals to tighten Sweden's rules on labour migration, to crack down on so-called 'talent deportation' and on dishonest employers abusing the system.

The report proposes making it compulsory for work permit holders who want to bring their family to Sweden to prove that they can financially support them – what is usually referred to as the 'maintenance requirement'.

Justice Minister Morgan Johansson said that this was a “substantial sharpening” of current rules.

The main applicant would however only need to prove that their salary is high enough to support themselves and their family, not that their home is large enough. The report argues that a housing requirement would make it difficult for big cities – where housing is expensive and hard to come by – to attract international talent.

The report also suggests introducing a talent visa, which would allow foreigners with a postgraduate degree to get a nine-month visa to come to Sweden and look for work – rather than finding a job and applying from abroad.

The government wants to crack down on dishonest employers, who don't live up to what the work permit holder was promised when they agreed to come to Sweden. The second report, due in November, is expected to present more in-depth analysis on the extent of the problem of employers abusing the work permit system.

But another issue affects work permit holders who get deported due to minor administrative mistakes by their employer or themselves – for example not taking enough holidays, and then getting their permit renewal rejected.

While the problem, which has become known as talent deportation, is not as extensive as a few years ago, it still affects many people's lives. The inquiry states that “minor cases” of errors should not lead to deportation, as long as the difference is not substantial and there is a “reasonable” explanation, and that the Migration Agency should make an overall assessment as to how the permit holder's contract compares to industry practice.

The report also proposes removing the time limit on how many times a work permit holder is allowed to apply for a new temporary permit before they have to instead apply to have it turned into a permanent residence permit.

It also proposes that Sweden's Migration Agency should carry out checks of the terms of employment for employers of work permit holders. Employers would be obligated to report any deterioration in these terms, and would be subject to a fine or even imprisonment if they failed to report these changes. The inquiry also suggests a possible alternative of requiring an employment contract in order to have a work permit application granted.

The aim is to crack down on dishonest employers who change the conditions for their foreign workers after their work permit is approved. At the moment, when this happens it sometimes means that future applications for a work permit extension by the employee are rejected – even if they are no longer employed by the company that made the mistake or broke the rules.

The proposals will now be sent out to various agencies and organisations for feedback. After the consultation period and any edits to the proposals as a result, the next stage is to put the final version of proposals to a parliamentary vote.

Johansson said this would happen “as soon as possible” and that the proposed date for the changes to come into effect was January 1st, 2022.

The Local explains the proposals in more depth in this article.

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WORKING IN SWEDEN

EXPLAINED: How do you apply for Sweden’s new ‘talent visa’?

From June 1st, non-EU citizens can apply to come to Sweden on the new talent visa or "resi­dence permit for highly quali­fied persons". These are the latest details on how to apply.

EXPLAINED: How do you apply for Sweden's new 'talent visa'?

Sweden’s “resi­dence permit for highly quali­fied persons to look for work or start a busi­ness” was voted through parliament in April as part of a set of changes to the country’s new work laws in April.

The visa was brought in as part of the January Agreement between the economically liberal Centre and Liberal Parties and the Social Democrat government. 

The basic form for the new talent visa was published when parliament voted it through: The visa allows non-EU citizens with a higher-level degree to apply for a visa of between three to nine months, which they can then use to stay in Sweden while they look for work or research setting up a new business.  

But the Migration Agency on June 1st published the details of what exact educational requirements are required to be eligible for the new visa, how much money applicants need to show they have to support themselves, and how and where to apply. They also published the form that needs to be filled in

What counts as an advanced-level degree and how do I prove it? 

The bar is set pretty low. To be eligible for the talent visa, applicants need to have a degree corresponding to at least a 60-credit Master’s degree, a 120-credit Master’s degree, a professional degree worth 60-330 credits, or a postgraduate/PhD-level degree.

You need to send copies of any examination certificates along with your application, as well as copies of the official transcript of your academic record, that shows the courses included in your education. 

If these documents are in a language other than English, French, Spanish, German, or a Nordic language, they have to be translated into Swedish or one of the above languages by an authorized translator.

You also need to print out, sign, scan, and send a letter of consent to the Swedish Council for Higher Education (UHR), allowing them to contact the educational institutions where you studied for your higher-level degree.

What financial assets do I need to show and how do I prove them? 

You must need to show that you have enough money (or a source of regular income) to support yourself during the time that you will be in Sweden, as well as enough to pay for your journey home. The Migration Agency judges that you need 13,000 kronor per month, so you need a lump sum of 117,000 kronor (€12,000). 

Source: Migration Agency

To prove that you can support yourself, you must either submit copies of your bank statements (plus a translated version if necessary). If you have another source of regular funding, you can explain in the ‘other’ box on what you intend, and enclose documents to support this.

What insurance do you need? 

You need to confirm that you have signed a comprehensive health insurance on the form, and also name the insurance company and the dates between which the insurance policy is valid. 

The insurance needs to cover the costs of emergency and other medical care, hospitalisation, dental care, and also the cost of repatriation for medical reasons. You need to enclose a copy of a document setting out the terms of your insurance policy. 

Source: Migration Agency

What do you need to write about your plans for Sweden? 

According to the Migration Agency, the visa is for people living outside the EU who “plan to seek employment or explore the possibilities for starting [their] own business”, but the form gives few guidelines as to what will count. 

In the form, there is a space for a few sentences in which you can say what sort of business you plan to start, or which sort of job you intend to look for, as well as whether you intend to leave Sweden, or apply for residency in another way if you fail to secure a job. 

Carl Bexelius, the Migration Agency’s Head of Legal Affairs, said that there was no requirement in the legislation that those with the new talent visa seek jobs that require them to be highly qualified. 

“The crucial part is that you have you are talented in a legal sense, that you have the appropriate education to qualify. If they find work, they can then apply for for a work permit, but that work does not need to require high qualifications.”

Other requirements? 

The other requirement is to have a passport that is valid for the full period in which you will be in Sweden. In the application you need to send copies of all the pages that show your personal data, photo, signature, passport number, issuing country, period of validity, entry stamps, and also if you have permission to live in countries other than your country of origin. 

How to apply? 

You need to send the application form, with the attached documents to the Swedish embassy or consulate-general in your country of residence, or, if that is not possible, at the embassy or consulate-general in the closest country. 

You should contact the embassy for information before applying, and to learn how large an application fee you will need to pay. 

What sort of permit will I get? 

If you get a permit valid for more than three months, you will get a residence permit card which features your fingerprints and a photo.

If you need an entry visa to come to Sweden, you will need to be photographed and have your fingerprints scanned at the Swedish embassy or consulate-general in your country of residence before leaving to come to Sweden.

If you do not need an entry visa, you can apply for a residency card, and have your photo taken and your fingerprints scanned, after your arrival in Sweden. 

What happens if I get a job or start a business while in Sweden? 

If you get a job while in Sweden, you can apply for a work permit from within the country. You cannot start work until the work permit is granted, though (which may not happen until after your talent visa has already expired). 

If you start a business in Sweden, you can apply for a residence permit as a self-employed person. You can start setting up and running your business even before the Migration Agency has made its decision. 

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