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DENMARK - Increased Flexibility for Employers

, 24/06/2019

Recent amendments to the Danish Aliens Act, effective 1 June 2019, create more flexibility for employers hiring foreign nationals under the Fast Track Scheme and the Pay Limit Scheme.

Other changes make it easier for foreign nationals who have obtained Danish masters or PhD degrees to start working in Denmark.

Fast Track Scheme

It is now possible to use the short-term track for fast-track certified companies for multiple assignments over one year, although not exceeding 90 days per year in total, counting from the first day of entry.
Under the Fast Track Scheme, it is now possible to change position internally within the same company without applying for a new permit. This includes changes for job title, contents, salary and location.
Companies must notify SIRI of such job changes to receive a pre-approval.
The quarantine period, during which a company cannot be certified under the Fast Track Scheme, imposed for breaches of the Danish Aliens’ Act, has been reduced from two years to one.
The threshold for ineligibility to the fast-track certification scheme for previous fines has been raised, from DKK 20,000 in the previous year to DKK 60,000.

Pay Limit Scheme

It is now possible to change position internally within the same company without applying for a new permit under the Pay Limit Scheme (as with the Fast Track Scheme).
Permits for employment for a minimum of 30 hours/week are now possible, although the minimum salary of DKK 426,985.06 per year for the Pay Limit Scheme cannot be reduced pro-rata.

Job Change Rule

Foreign nationals who have obtained a Danish masters or PhD degree are now encompassed by the job change rule, meaning that they can start work pending a decision on an application for an establishment card or a work and residence permit.
It is now possible to obtain a new establishment card after every completed masters or PhD degree.

Action Items

Employers who may be affected are encouraged to contact a Newland Chase immigration specialist for case-specific advice.