Immigration and Global Mobility
The rules regarding residence and work permits are complicated and undergo frequent changes to accommodate with various political trends. The regulations pertaining to foreign labor in Denmark derive from both EU law and national rules, notably the Danish Aliens Act.
Violation of the Danish Aliens Act can result in significant penalties. If an employee does not possess a valid work permit, both the foreign worker and the employer may face fines and imprisonment. It is therefore important for companies to ensure that the relevant residence and work permits are in place and to be attentive to the conditions under which these permits are granted.
Work and Residence Permits
Different rules apply with regard to obtaining residence and work permits depending on whether the employee is from:
- Nordic countries (Finland, Iceland, Norway, or Sweden)
- EU countries (including EEA countries and Switzerland)
- Third countries (countries not falling under the above categories)
Citizens from Nordic countries, the EU, and the EEA can reside and work in Denmark without a work permit. Citizens from Nordic countries must be able to identify themselves if necessary, for example, by presenting a driver's license or other photo identification.
Citizens from EU countries, EEA countries, and Switzerland must obtain an EU/EEA residence document if they intend to work in Denmark for more than three months.
Citizens from third countries must apply for and obtain both a residence and work permit to work in Denmark. While citizens from third countries may stay in Denmark for a shorter period with a valid visa, they are generally not allowed to engage in work during their stay.
Schemes for Residence and Work Permits for Third-Country Nationals
Third-country nationals can obtain residence and work permits through various schemes. Below are brief descriptions of some of the most commonly used:
Fast-track Scheme
The fast-track scheme provides a quick and flexible way for companies to bring foreign labor to Denmark. There are several different types of work permits under the fast-track scheme, each applicable for different purposes. An employer can apply for Danish residence and work permits for the third-country national with a power of attorney from the individual. To use the fast-track scheme, the company must apply for and obtain certification from the Danish Agency for International Recruitment and Integration (SIRI).
Income Requirement Scheme
The income requirement scheme is for third-country nationals offered a job in Denmark with a high salary. There are no specific educational requirements, and the job does not need to fall within a particular industry. The purpose of the income requirement scheme is to facilitate the entry of highly skilled foreign labor into Denmark. The employee's annual salary must at least meet the income threshold, which is adjusted annually. In 2024, the annual income threshold is DKK 487,000.
In 2023, a Supplementary Income Requirement scheme was introduced, setting the income threshold at DKK 393,000 annually (2024 level). According to this scheme, it is a supplementary condition that the position to be filled has been advertised on the Danish recruitment site “Jobnet” and the EURES portal for at least two weeks before a third-country national can apply for residence and work permits for the position.
Positive Lists
The positive lists are exhaustive lists of various professions facing a shortage of qualified labor in Denmark. These lists are updated every six months based on the needs of the Danish labor market. There is a positive list for individuals with higher education and a positive list for skilled workers. Besides the occupation being on the positive list, several other conditions must be met before this scheme can be used.
We are ready to assist if your company requires legal advice in connection to the recruitment and employment of foreign labor.
