Denmark: Immigration changes
from 1 July 2024
10 July 2024
The Danish government has recently implemented a raft of immigration changes, effective from 1 July 2024.
New rules for family reunification of spouses
On 1 July 2024, new rules for family reunification of spouses came into effect. The rules also apply to certain applications submitted before the rules came into effect.
Among other changes, there is now a requirement that the spouse in Denmark needs to have passed Prøve i Dansk 3 or another Danish language test at the same or higher level, in order for the couple collectively to meet the integration requirement. This requirement can now also be met by the spouse in Denmark by documenting having been in ordinary full-time employment for five years, which has significantly involved communication in Danish.
By ‘significantly involved in communication in Danish’ we mean that spouse in Denmark on a daily basis and as a significant part of a work day has had frequent written or oral contact in Danish with Danish speaking persons. The communication can have been with colleagues, citizens, customers, patients or other persons.
In addition, the financial guarantee requirement, which must be met in some cases in order to qualify for family reunification of spouses, has been reduced from approx. DKK 114,000 to DKK 57,000.
When the proposal was presented to the Danish Parliament on 11 April 2024, the Immigration Service gave the spouse in Denmark in relevant cases the opportunity to indicate whether the couple wanted the further processing of the case to await the expected entry into force of the new rules. The processing of these cases will now be finished.
Applicants, whose application for family reunification of spouses has been refused before the proposal was presented on 11 April 2024, because they did not meet the current financial guarantee requirement or the current language requirement, now have the opportunity to submit a new application for family reunification of spouses.
The bill also includes a change in the rules regarding permanent residence and the transferred permanent residence permit requirements in cases regarding family reunification of spouses.
Change in foreign students’ right to work part-time
On 1 July 2024, the Executive Order on the issue of residence and work permits for students was amended and new rules regarding foreign students’ right to work part-time came into effect.
Among other things, this change means that all students who will be granted, or who already have been granted, a part-time work permit, now have the right to work 90 hours per month and work full-time in June, July and August, starting from 1 July 2024.
New rules under the Authorisation Scheme – right to work
On 1 July 2024, the Danish Aliens Act was amended, to allow foreign nationals with a residence permit under the Authorisation Scheme to work without requiring a work permit requirement.
Those who have been trained as a medical doctor, dentist or nurse in a country outside the EU/EEA, can apply for a residence permit in Denmark which allow them to learn Danish and pass the professional tests which are necessary in order to obtain a Danish authorisation.
All foreign nationals who are granted a residence permit under the Authorisation Scheme or who already have a valid residence permit under the Authorisation Scheme can now start work without applying for a separate work permit.
At the same time, several other changes came into effect, including a new authorisation scheme for specifically requested healthcare professionals. It is also possible to extend the authorisation permit in certain cases if the applicant is in the process of or has been offered a job for adaption and training purposes.
Updated Positive Lists
The Danish Agency for International Recruitment and Integration (SIRI) has updated the Positive Lists for people with a higher education and for skilled work. The new lists are applicable from 1 July 2024.
The Positive Lists are lists of professions experiencing a shortage of qualified professionals in Denmark. Those offered a job included in the Positive List can apply for a residence and work permit in Denmark based on the scheme.
The new Positive List for People with a Higher Education includes 141 job titles, while the Positive List for Skilled Work includes 61.
It is also possible to apply for a residence and work permit as a social and healthcare worker under the Positive List for Skilled Work.
Global immigration support
If you have questions about these changes and how it may impact your foreign candidates or employees, please contact the Global Immigration team at Smith Stone Walters.
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