To be eligible to work in Sweden, a foreign national must obtain a valid work permit. The applicant must secure employment, evidenced by an employment contract, before a work permit application can be approved. Furthermore, the application must be granted before the foreign national enters Sweden. The regulations governing work permits fall under the domain of migration law.
A Swedish work permit is required regardless of whether the foreign national is employed within Sweden or abroad, whether the employment involves a staffing agency providing labor to Swedish companies, or if the employee is transferred to Sweden within a corporate group. The work permit must be granted prior to entering Sweden.
Conditions for obtaining a work permit
Employees
To be granted a work permit in Sweden, several conditions must be met. First and foremost, there must be an employment contract signed by both the employer and the employee. If the employment contract is written in a language other than Swedish or English, it must be translated. Furthermore, the terms of employment must not be less favorable than those stipulated by Swedish collective agreements or industry practices. The employment must provide sufficient income for the foreign national, which requires a salary corresponding to at least 80% of the median salary in Sweden. As of June 2024, this amounts to SEK 28,480 per month. Additionally, the salary must at least match the level set by Swedish collective agreements or industry standards. The position must have been advertised by the employer in Sweden and within the EU/EEA and Switzerland for a minimum of 10 days. The employer must have arranged health insurance, life insurance, occupational injury insurance, and occupational pension insurance for the employee before the employment begins. The applicant must also hold a valid passport. Certain types of employment are subject to stricter requirements.
Self-employed individuals
Those intending to start a business in Sweden may apply for a residence permit as a self-employed person. To be granted such a permit, the applicant must present: (1) a valid passport, (2) relevant industry experience and previous experience in running a business, (3) proficiency in Swedish or English, (4) evidence that they will be running the business and assuming significant responsibility for its operations, (5) sufficient personal funds to support themselves and any accompanying family members, (6) a credible budget proposal, and (7) established customer contacts or networks. The Swedish Migration Agency will then conduct a financial assessment of the business plans.
To be deemed to have sufficient funds as per point 5 for self-support, the applicant must have SEK 200,000 for a two-year permit period. If a spouse is accompanying the applicant, an additional SEK 100,000 is required. For each accompanying child, SEK 50,000 is needed.
Asylum seekers
Different rules apply to asylum seekers. For more information on the rules governing asylum seekers, click HERE.
If the application is granted
Work permit limitations
If the applicant’s work permit application is granted, it is crucial that employment commences as soon as possible. A granted work permit is always limited to a specific occupation. If the employee is offered a new position in a different occupation, they must apply for a new work permit.
Accompanying family members
If the individual granted a work permit has accompanying family members, they may be eligible for residence permits for the same duration as the work permit. Family members include the applicant’s partner, unmarried children under the age of 21, children over the age of 21 who are dependent on the family for financial support, and any other family or household member who is dependent on the applicant or the applicant’s partner for financial support or health reasons.
Duration of the work permit
A work permit is granted for a specified period. The permit is issued for the duration of the employment, up to a maximum of two years. If the permit is granted for a shorter period than the employment contract, it may be due to the validity period of the employee’s passport being shorter than the duration of the employment. It may also be due to the Swedish Migration Agency being unable to assess the anticipated length of the employment.
If the employee intends to continue working for the employer after the permit expires, they may apply for an extension. If the employee submits the extension application before the current work permit expires and has held the work permit for at least six months, they may continue working during the processing period. Before submitting the application, the employer must provide information about the employment, which must be reviewed by the relevant trade union. However, the employer is not required to re-advertise the position.
If the application is denied
If the Swedish Migration Agency denies the work permit application, the decision can be appealed to the Migration Court within three weeks.
We are here to help
At Advantage law firm, we have extensive experience in migration law. We are happy to answer your questions regarding work permits and guide you through the process. Contact us, and we will assist you.
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