Labour immigration
The Government wants a more open and more flexible system for labour immigration. On the 15 december 2008, new rules designed to make it easier for employers to recruit labour from third countries enters into force.
Most important changes
The most important changes in the new rules are:
Labour market testing by government agencies will be ended
The employer's assessment of the need to recruit foreign labour is the key point when processing residence and work permit applications. It is the individual employer who is best placed to know what skills are required in the business and what recruitment needs exist.
Basic requirements for labour immigration to Sweden
A basic requirement for permission to immigrate to Sweden as an employee is that there is an offer of employment that will provide the immigrant with an adequate living. The terms of employment offered are to be no worse than those specified in relevant Swedish collective agreements or provided by common practice in the occupation or industry. The principle of Community preference must be respected. Community preference means that nationals of EU/EEA countries and Switzerland are to have first priority for access to employment opportunities.
Substantially improved opportunities to obtain a permanent residence permit for work purposes
Work permits will be granted for at most two years or the period of employment, if shorter. Permits will be open to extension on one or more occasions. Such applications for extension can be made while in Sweden. The total duration of a permit will be limited to no more than four years. After four years it may be possible to convert the temporary residence and work permit into a permanent residence permit.
Currently only about 300 people are granted permanent permits for work purposes.
Work permit tied to a certain employer and a certain type of work
The first time a work permit is granted it will be tied to a certain employer and a certain type of work. After two years the temporary work permit will only be tied to a certain type of work.
Processing of applications for work permits
All processing of applications for residence and work permits will be done by a single agency. The Swedish Migration Board will take over from the Swedish Public Employment Service in checking that Community preference is respected and that the terms of employment offered are no worse than for workers already resident in Sweden.
Withdrawal rules that allow up to three months to look for work
A residence permit for an alien who has lost their job will be subject to withdrawal if the alien does not apply for a work permit for a new job within three months. To put it another way, a person who loses their job while in possession of a valid work permit has up to three months to find a new job
Visiting students to be able to apply for work permits while in Sweden
Visiting students who have completed studies equivalent to 30 credits or who have completed one term as a visiting student in a postgraduate programme at a university or other higher education institution will be allowed to apply for a residence and work permit while in Sweden. However, they must apply for a permit before their residence permit for study purposes expires.
Possibility for asylum seekers to apply for a work permit while in Sweden
In certain circumstances, asylum seekers who have received a final decision rejecting their application for a residence permit will be able to apply for a residence and work permit while in the country. The alien will need to have worked for at least six months, have an offer of a permanent job or a job lasting at least one year, and otherwise meet the basic requirements for being granted a work permit. In addition, the application must be made within two weeks of the final decision rejecting the asylum application.
