Changes to the Danish Aliens Act have recently gone into effect. They impact several residence and work permit schemes controlled by SIRI, the Danish Agency for International Recruitment and Integration, as well as the minimum salary requirements and the processes for paying a foreign national’s salary.
Job offers for foreign nationals requiring work and residence permits under the pay limit scheme in Denmark now must meet a minimum annual salary of 445,000 DKK or higher.
SIRI has also published two new Positive Lists for both highly educated and skilled workers. They identify industries experiencing a shortage of skilled or highly qualified professionals in Denmark and currently include 36 job titles for highly educated roles and 42 job titles for skilled labor.
Additional changes to the Danish Aliens Act include:
- A requirement that the foreign employee’s full salary must be paid into a Danish bank account. A bank account must be opened within 90 days of the later of two dates: either the individual’s permit being granted or their arrival into Denmark. This regulation applies to all first applications submitted after January 1, 2021 for the following schemes: fast-track, pay-limit, both positive lists, researchers and interns. Exceptions will be made for those granted a permit under the positive list scheme for highly educated, researcher and researcher under fast-track positions, and if the stay is less than 180 days within 12 months.
- In assessing the salary level of the permit applicant, only actual payments will be considered. Allowances, expenses, and any other benefits will not be factored into determining whether the salary meets Danish standards. As mentioned, the full salary must be paid into a Danish bank account, not just the amount up to and including the pay limit scheme’s minimum amount.
- A separate work permit will be required for accompanying family members employed in the same company or a closely related company. This applies to all first-time and extension applications submitted from January 1, 2021 under the following schemes: pay-limit track, educational track and short terms track under fast-track scheme, pay-limit, both positive lists and trainees.
Employers are advised to note that SIRI is currently experiencing significant delays meeting the processing time service goals for the following residence and work permit schemes: pay-limit, internship, trainee, both positive lists, accompanying family members to all mentioned schemes and family reunification to Danish citizens under EU rules.
For further information on changes to the Danish Aliens Act, please contact the Sterling Lexicon immigration team.
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