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Business Setup and support in Denmark WORK PERMIT IN DENMARK

Maria Kulishenko

Lawyer

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kulishenko@prikhodko.com.ua

Phone numbers

Specializing in migration law - processing documents on the territory of Ukraine, European Union countries (Poland, Italy, Spain, Hungary, Romania), providing visa assistance for Ukrainian citizens and foreigners.

WORK PERMIT IN DENMARK

As Denmark is both a member of the European Union (EU) and the Nordic Council, differing immigration rules will apply to foreign workers coming to Denmark, depending on their nationality. Foreign workers from non-EU / EEA and non-Scandinavian countries are generally required to hold a residence and/or work permit before entering Denmark. Work permits are generally issued on the basis of an individual’s qualifications and sometimes, Danish labour market considerations. The Danish government has several schemes in place to allow highly-skilled professionals to obtain residence and work permits in Denmark quickly and easily.

Types of work visas in Denmark

Danish legislation provides a wide list of work permits, which differ primarily in the criteria for the person who intends to be employed and the specifics of the work. The most common are three types of work visas:

The Positive List

The Positive List is a list of professions where there is currently a skills shortage in Denmark. Examples include engineers, doctors and medical consultants, auditors etc.
Applicants must meet the minimum educational requirements stated in the list before being eligible to apply under this scheme.
Duration of permit: 4 years (for an indefinite job contract). Extensions are permitted.
For limited or temporary job contracts, the duration of the permit will be the same as the duration of the contract plus an extra 6 months.

The Pay Limit Scheme

The Pay Limit scheme is designed for high-income individuals earning annual salaries above a specific threshold. The current minimum threshold is DKK 375,000 (more than 50,000 euros).
Individuals under this scheme have to meet this annual income requirement, inclusive of any unpaid holidays. Any holiday pay earned in the course of one income year but will be paid out the following year cannot be included in the calculation of the annual pay of the first income year.
Duration of permit: 4 years (for an indefinite job contract). Extensions are permitted.
For limited or temporary job contracts, the duration of the permit will be the same as the duration of the contract plus an extra 6 months.

Fast-track scheme

Certain companies certified by the Danish Agency for Labour Market and Recruitment may be able to bring in highly skilled employees under the Fast-track scheme.
The scheme is intended for larger companies needing to recruit highly qualified foreign employees on an urgent basis. It encompasses both private and public companies, including universities. Companies need to meet the following conditions to be certified:
The company must pay the correct fee
In general, salary and employment conditions at the Danish company must correspond to Danish standards. If the company is not a party to a collective bargaining agreement, the company must declare that it meets this condition
The Danish company must have at least 20 full-time employees
The company must not be involved in a legal labour dispute
At the time of certification, the company must not have serious issues with the Danish Working Environment Authority (the company must not have been issued a red smiley by the Danish Working Environment Authority)
Within the past 2 years, the company must not have been convicted repeatedly or been subject to a fine of at least DKK 20,000 under the Danish Aliens Act
The company must participate in a guidance meeting at the Danish Agency for Labour Market and Recruitment
Duration of permit: Up to 4 years (for an indefinite job contract), unless the application is for a short-term stay of up to three months. In this case, a residence permit can be granted for one short-term stay of a maximum of three months within the period of one year. A residence and work permit for a short-term stay cannot be extended and the three months cannot be divided into several stays. An application must be submitted for each short-term stay in Denmark and the three months will be calculated from the date of entry into Denmark. A residence permit will expire 14 days after the end date of the employment contract. However, the permit period cannot exceed four years – or three months in case of a short-term stay.
For limited or temporary job contracts, the duration of the permit will be the same as the duration of the contract plus an extra 6 months.

In addition, there are also the following types of work visas in Denmark:

Trainee. For individuals who have been offered employment at a company in Denmark for a short time as a trainee.
Herdsmen and farm managers. For individuals with a job offer as a herdsman or farm manager in agriculture.
Sideline employment. For individuals who hold a residence permit based on a job with a specific employer and want to take a sideline job.
Employment for adaptation and training purposes. For individuals who obtained Danish authorization as a doctor or dentist applying for a work permit with the purpose of adaption and training purposes.
Work permit for accompanying family members. For accompanying, family members apply with a person who is or will be working in Denmark.
Special individual qualifications. For performers, artists, professional athletes or coaches, or specialized chefs.
Labour market attachment. For individuals who have held a residence permit as a refugee, a reunified family member, or an accompanying family member to a foreign national with a residence permit.