New Pay Limit Scheme (31.250 kr. per month)

Adrian Pierre Hübner — Tue, 21 Mar 2023 11:36:57 +0000

The new supplementary pay limit scheme (DKK 31.250 per month)

The Danish Parliament will vote on a new amendment to the immigration law on the 23rd of March 2023. It will enter into force on the 1st of April this year (2023). If voted through the amendment will add a new pay limit scheme, expand the fast-track scheme, the positive list for highly the educated, the start-up scheme and replace the establishment card.

Employers have been waiting a long time for a pay limit scheme that can cover more types of jobs. We will review what we know about the new requirements below.

What are the requirements for the new pay limit scheme?

First and foremost, the salary limit for the new pay limit scheme is DKK 375,000 per year, which is DKK 31,250 per month. As the current pay limit scheme, the amount will be adjusted every year. The employment must also appear genuine, and conditions must be considered normal for the Danish labour market.
It’s also a requirement that the position has been advertised in EURES (European Employment Services) and Jobnet for at least 2 weeks PRIOR to applying. Other job services can NOT be used instead. Employers who want to be ready to submit applications on the day of the legislation’s enforcement, you must announce the job advertisement today.

In addition, the applicant must not have been fined DKK 3,000 (or more) in the past 2 years before submission. After obtaining a work permit, the applicant may not receive or concede a fine of DKK 3,000 (or more).
Finally, it’s a requirement for the new scheme that the previous 3 months of seasonally adjusted gross unemployment is on average NOT above 3.75 percent. This means that the scheme cannot be used if unemployment rises too much in Denmark.

If the legislation is implemented, there will be a lot to work with. We only have the possibility to review the changes broadly in this article. We therefore always recommend that you seek professional advice if you plan to apply for a work permit. IMMLAW Group can be of assistance with this.

With our many years of experience with work permits, we can advise in detail on the specifics. Or help fill out and submit the work permit itself. You can book a consultation here. You can also read more about work permits more generally here.

The post New Pay Limit Scheme (31.250 kr. per month) appeared first on Immigration Law.

Work Permit – Advance refusals and added scrutiny

Adrian Pierre Hübner — Fri, 12 Nov 2021 14:04:13 +0000

På dansk

Advance refusal of your work permit

A new rule was introduced on 1. January 2021. It allows SIRI to grant “advance refusals” on work permits. So now SIRI can refuse your work permit, without having to review your case in depth. This means that they will only consider the application generally when applying the new rule. We have seen this new rule used more and more often. Therefore applicants need to be extra thoughtful and thorough when filling in an application and attaching documentation.

Employers must also remember that they need to justify their need to import foreign labor to Denmark. For instance if an employer has made a job posting, without finding a suitable candidate. Then they could attach it as proof.

Severely added scrutiny

SIRI has started to point to salary statistics that show low salaries. This is because salaries need to be able to be considered normal according to Danish labor market standards. SIRI can then refuse your application under the pay limit scheme, claiming that the salary is too high. There are also examples of this in opposite cases. Meaning that they use statistics with very high wages. So it can be a good idea to double-check the offered working conditions, with what can be considered normal in the Danish labor market before submitting an application. You should also be aware of things such as holiday and termination notices.

These changes can also affect those who are ALREADY on work permits. If you have to submit a new application because you want to change your employer for instance. You might have been fairly safe in the past if you were already on a work permit but just wanted to change jobs. This is no longer the case. So if you are thinking of changing employers, it may be a good idea to think twice. We have also seen some examples of applicants who simply want to extend their work permit (with the same conditions) who have gotten problems. So, if you are unsure, you should seek professional advice before submitting your application. IMMLAW Group can offer you assistance if you need to submit an application.

With our many years of experience with work permits we can consult in depth about the details. Or help filling out and submitting the application itself. You can book a consultation here. You can also read more about work permits in general here.