Work permit advance refusal arbejdstilladelse forhåndsafslag

Work Permit – Advance refusals and added scrutiny

November 12, 2021

På dansk

På dansk

Advance refusal of your work permit

A new rule was introduced on 1. January 2021. It allows SIRI to grant “advance refusals” on work permits. So now SIRI can refuse your work permit, without having to review your case in depth. This means that they will only consider the application generally when applying the new rule. We have seen this new rule used more and more often. Therefore applicants need to be extra thoughtful and thorough when filling in an application and attaching documentation.

Employers must also remember that they need to justify their need to import foreign labor to Denmark. For instance if an employer has made a job posting, without finding a suitable candidate. Then they could attach it as proof.

 

Severely added scrutiny

SIRI has started to point to salary statistics that show low salaries. This is because salaries need to be able to be considered normal according to Danish labor market standards. SIRI can then refuse your application under the pay limit scheme, claiming that the salary is too high. There are also examples of this in opposite cases. Meaning that they use statistics with very high wages. So it can be a good idea to double-check the offered working conditions, with what can be considered normal in the Danish labor market before submitting an application. You should also be aware of things such as holiday and termination notices.

These changes can also affect those who are ALREADY on work permits. If you have to submit a new application because you want to change your employer for instance. You might have been fairly safe in the past if you were already on a work permit but just wanted to change jobs. This is no longer the case. So if you are thinking of changing employers, it may be a good idea to think twice. We have also seen some examples of applicants who simply want to extend their work permit (with the same conditions) who have gotten problems. So, if you are unsure, you should seek professional advice before submitting your application. IMMLAW Group can offer you assistance if you need to submit an application.

With our many years of experience with work permits we can consult in depth about the details. Or help filling out and submitting the application itself. You can book a consultation here. You can also read more about work permits in general here.

Adrian Pierre Hübner

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