Denmark: Recruitment from abroad

Third country citizens are subject to more stringent rules than citizens from the Nordic countries and the EU. Generally, third country citizens will need a residence and work permit before taking up work in Denmark although in certain circumstances they may work in Denmark without a work permit provided that they satisfy the requirement of legal residence.

General or specialist work

Under section 9a(1) of the Danish Aliens Act, third country citizens are eligible for a residence and work permit if there are good employment or occupational reasons for issuing such a permit. In deciding whether such reasons exist, a distinction will be made between whether the work involved is general or specialist.

General work means work which could be carried out by Danish citizens or by third country citizens already in Denmark or the EU. A third country citizen applying for a permit to carry out general work in Denmark will obtain such a permit only if employers are having difficulties recruiting new employees for such work and only if the applicant has received a specific job offer and the terms and conditions of the job are normal in the Danish labour market.

Specialist work, on the other hand, means work which is closely attached to that particular third country citizen and can be carried out only by that individual. The sole deciding factor here is whether there are special reasons for employing that particular third country citizen to carry out the work, but to be issued with a work permit the third country citizen must still have received a specific job offer and the terms and conditions of the job must be normal.

Regional employment councils

Whether the residence and work permit is for general or specialist work, the Danish Immigration Service will normally consult with the regional employment councils as to whether the conditions for granting a residence and work permit are satisfied. The relevant regional employment council will focus on whether the employment situation in the region warrants employment of third country citizens in the relevant occupational sector and whether the terms and conditions of the job are normal. If the council recommends the Danish Immigration Service to turn down the application, the applicant/company will be given an opportunity to comment on the council?s recommendation.

The Job Card Scheme

The Job Card Scheme was introduced in 2002 to address the difficult recruitment situation in certain occupational sectors (specified in a news item posted on this website on 3 January 2007) and ensure that Denmark will be able to attract enough qualified people in future. The scheme provides a fast-track route to a residence and work permit and if there is a shortage of qualified workers in the relevant occupational sector, a residence and work permit can be granted without consulting with the regional employment councils. This means that applications can be processed considerably faster than under the normal application procedure.

In the same way as with the normal application procedure, an applicant applying for a work permit under the Job Card Scheme must have received a specific job offer and the terms and conditions of the job must be normal for Denmark.

The permit

A residence and work permit issued to third country citizens under section 9 a(1) of the Danish Aliens Act will generally be valid for an initial period of up to 1 year and can then be renewed for up to 3 years at a time. In case of temporary employment, however, the period covered by the permit may not exceed the agreed period of employment. For scientists, teachers, salaried executives, specialists and embassy staff, the permit will often be valid for an initial period of 3 years and can then be renewed for further periods of up to 4 years each.

If the permit can be granted or renewed for 3 years or more, the applicant?s spouse or permanent partner and any dependent children may also obtain a residence permit for Denmark. However, the family must live together in Denmark and be self-supporting. With such a residence permit, the spouse or partner will be entitled to work in Denmark for as long as the permit is valid.

Whether granted for general or specialist work or under the Job Card Scheme, the work permit is valid only for the job specified in the application. If a third country citizen changes jobs during his/her stay in Denmark, a new application must be submitted and the "new" employer should make sure that the permit has been issued before work commences. Otherwise, the employer and the third country citizen could face a fine under the Danish Aliens Act.

Exemptions from the work permit requirement

As already mentioned in the introduction, third country citizens are permitted to work in Denmark without a work permit in certain circumstances so long as they satisfy the requirement of legal residence.

Section 14(1) of the Danish Aliens Act and article 33(1) of the Danish Aliens Order set out various categories of third country citizens who are exempt from the general work permit requirement (but not from the requirement of legal residence). Examples of such third country citizens would be personnel of foreign trains and vehicles in international traffic, personnel on Danish cargo vessels in international traffic and crew members of cruise ships.

Article 33(2) of the Danish Aliens Order sets out further categories of third country citizens who may work in Denmark without a work permit for up to 3 months, including:

• Scientists and lecturers invited to teach or perform similar activities

• Representatives on business trips in Denmark for foreign undertakings having no business address in Denmark
• Fitters, consultants and instructors who have entered Denmark to fit, install, check or repair machinery, equipment, computer software, etc. if the third country citizen is attached to the supplier or has an agreement with the supplier to carry out the work.

With respect to third country citizens exempted under article 33(2) of the Danish Aliens Order, it is important to note that the requirement of legal residence in the form of, for instance, a business visa still applies. Further, the exemption is available only if, when the work is commenced, it is expected to last a maximum period of 3 months. If the work is expected to last longer than 3 months, a work permit must be applied for already before the work is commenced.

Norrbom Vinding assists Danish and foreign clients with applications for and advice on residence and work permits and provides regular features on foreign recruitment and the key aspects and issues which must be considered in connection with foreign recruitment.

Marianne Granhøj and Sussi Lillia Holm are lawyers at Norrbom Vinding.