Aliens Act amendments: Here s detailed guide on immigrating to Denmark under fresh rules

VEJLE – Like Germany, Denmark has also relaxed some of its rules for foreign workers and students so that they can come to the country, work and be part of the workforce. 

The fresh changes have taken effect from April 1 as the Danish Parliament has given go ahead to approve the amendments to the Alien’s Act.

The development  comes at a time when the labour crisis in Denmark is reaching alarming levels and according to EU Commission’s data, 42 per cent of companies confirmed that they had challenges in recruiting workers in sectors like engineering, IT, biotechnology/pharmaceutical, financial and medical in 2022.

Below is an explanation of what has actually changed in the legislation and how that can help you select your career path if you see Denmark as your next destination. 

Supplementary Pay Limit Scheme 

Under the fresh amendments, from April 1, those who have been offered a job in Denmark with annual salary of at least DKK 375,000, can apply for a residence and work permit but the following conditions must also be met:

  • A salary of at least DKK 375,000 which must be received in a Danish bank account
  • The offered job position must have been advertised on Jobnet and the EURES portal
  • The offered salary and terms of employment must comply with Danish standards
  • Working hours must be at least 37 hours a week
  • The offered job cannot be encompassed by a legal labour conflict
  • The applicant has not been slapped a fine worth DKK 3,000 or more under the Danish Criminal Code or the Aliens Act

Besides the above mentioned conditions, in some cases, the applicant must have a Danish authorisation or a temporary authorisation from Danish Patient Safety Authority for employment for adoption and training purposes.

Another condition for foreigners to be able to come to Denmark under this scheme is that the seasonally adjusted gross unemployment must not be over 3.75 per cent on average in the three months before applying. 

Moreover, another conditions for a residence permit under the Pay Limit Scheme is that your spouse, cohabiting partner, children or, in certain circumstances, other family members holding a residence permit as accompanying family members, have not had their residence permit revoked more than once due to lack of a required work permit.

New Fast-Track Scheme and more certified companies

Another aspect of the amendments which confirms that Denmark is eagerly looking for workers is the addition of a new track to the fast-track scheme, which enables certified companies to hire foreign employees to work in Denmark through a swift and more flexible way.

The newly added track is the supplementary pay limit track, under which non-EU nationals who are offered a job position by a certified company with an annual salary of at least DKK 375,000 are qualified to apply.

Now the five tracks are: 

  • The pay limit track
  • The supplementary pay limit track
  • The short-term track
  • The researcher track
  • The educational track

The fresh amendments mean that more companies will be able to get certification for bringing foreign workers to Denmark under this scheme. Presently, in order to qualify for it, companies must need to show they had at least 20 workers. The companies have now been given the leverage to get certification even if they have only ten workers.

As far as statistics are concerned, there are 781 companies currently hiring foreigners under this scheme in Denmark while the processing fee for this track is DKK 4,405.

Positive List for People with higher education

Authorities in Denmark have decided to make it possible for the unemployment-insurance funds (A-kasser) that are members of the Danish Trade Union Confederation to add job positions to the country’s Positive List for People with a Higher Education.

The list mentioned above consists of 40 professions for which there is a shortage of qualified workers in the country. To qualify to move to Denmark under this list, a foreign national must have the educational background that qualifies him/her for the specific position for which he/she is applying.

It must be kept in mind that a job offer in that profession is compulsory before starting the procedures to get a Danish work visa.

The amendments also allow Regional Labour Market Councils (RAR) to add job positions to this list when they detect shortage of labour for the added professions on a regional level.

Start-up Denmark Scheme 

This scheme is for non-EU, non-EEA and non-Swiss citizens to allow talented entrepreneurs to grow high-impact startups or branches in Denmark.

The new amendments to the Alien Act have now made it possible for owners of companies that are based in third countries to open a branch in Denmark under this scheme and apply for a Danish residence permit through it.

Moreover, it is now possible for those who have arrived in Denmark on a different residence permit and have later established a successful business, to change their residence permit to one under the Start-up Denmark scheme.

Post-Graduate students

Students who complete a Danish professional bachelor, master, or PhD program, can now stay in the country to seek a job for three years instead of six months as it had been previously. This means that now they have additional two and a half years as compared to the previous limit to stay in the country which seems to be a big relief.

It is worth highlighting that the six-month validity of a jobseeker residence permit will remain in place for other higher education programs.

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