Denmark: New Routes and Expanded Eligibility for Immigration Pathways Implemented
April 5, 2023
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At a Glance
- On April 1, 2023, the Danish Agency for International Recruitment and Integration implemented amendments to the Danish Aliens Act.
- Changes to the law include a new Supplementary Pay Limit Scheme; relaxed rules for employers related to the Fast Track scheme; a longer validity period for automatic jobseeker permits for third-country nationals with a Danish degree; new rules regarding the Positive List; and expanded eligibility for the Start-up Denmark scheme.
- SIRI has also introduced a new methodology to calculate incomes that will be more transparent.
- The amendments are intended to increase employment and fill labor gaps in Denmark, while simultaneously protecting the local labor market.
The situation
On April 1, 2023, the Danish Agency for International Recruitment and Integration (SIRI) implemented amendments to the Danish Aliens Act.
A closer look
Details of the amendments are as follows:
| Change | Details | Impact |
| New pathway - Supplementary Pay Limit Scheme |
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| Fast-track employment quota rules relaxed |
Under the new law, companies are only required to have 10 permanent employees to be eligible for the Fast-Track scheme, down from 20 employees.
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Smaller companies will be eligible for the Fast-Track scheme which provides benefits including additional permit tracks, salary prorating and faster work start dates, among other benefits. |
| Longer validity for automatic jobseeker permit for third-country nationals with a Danish degrees |
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Individuals who have completed their studies in Denmark now have a longer period of time to find a job after graduation. |
| Positive List for People with a Higher Education Scheme |
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Those with occupations on the Positive List can work in Denmark for under six months and their employer is exempt from the requirement to pay the foreign national's salary into a Danish bank account.
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- Revised model for income determination for foreign nationals. In addition to the amendments to the above immigration bill, SIRI is now using a revised model to calculate incomes for foreign nationals. These statistics are used to measure whether the foreign employee’s salary and terms of employment correspond to Danish standards. The new model will use the total monthly salary (excluding compensation for work during holidays, sick pay, and other specific types of compensation) as a benchmark and will consider whether the applicant is offered a compensation arrangement to which they have consented. Through this new model, holiday bonuses will now also be part of the income determination. Moreover, SIRI will now take regional salary differences into consideration in the salary determination and will publish a report with the occupational codes on www.newtodenmark.dk in order to make the application process more transparent. This change is in line with the government’s efforts to make the immigration process more transparent and easier.
Background
Denmark has had higher than usual unemployment rates, which resulted in the new immigration law passed to encourage immigration.
Looking ahead
It is likely that there will be additions to the Positive List for People with a Higher Education Scheme in the coming months. We will report on related developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
