December Immigration Update

Proposal to Prevent Labour Market Exploitation
In November, the Swedish Minister for Justice and Home Affairs, Morgan Johansson, received a proposal that would help prevent exploiting foreign workers on the Swedish labor market. The proposal is to draft new legislation that will make it unlawful for employers to take advantage of foreign workers. It is suggested to come into force January 1st 2023. Below, are the main points of the proposal:
• New legislation imposing sanctions on employers, which could result in employees being denied work permits.
• Regulation aimed at ensuring the employee’s rent is not too high in relation to the salary, while making sure a good quality accommodation. Should the empoyer be unable to fulfill this requirement, sanctions may be imposed on the employer.
• The employee could potentially be able to claim compensation if a work permit is cancelled because the employment condition requirements are not met.

In addition, Sweden’s new Prime Minister, Magdalena Andersson, has talked of plans to introduce stricter labor migration rules, including a requirement for a binding employment contract to be granted work permit.

This would differ from current work permit regulation, which only requires employers to offer employment that is not legally binding. This means the employment conditions can be modified by employers even when the employee lives and works in Sweden. The intention is to present this legislation proposal in parliament before the end of this year.

Finally, the Prime Minister’s party (Socialdemokraterna), recently discussed reintroducing an old requirement from before 2008, stating that foreign nationals looking to work in Sweden, would only get work permits approved if they would fill a position for which there was a national demand and shortage. Should this requirement come into effect, work permit approvals would depend on a confirmation from the relevant union and authorities of the need for a particular profession.

Individual Trade Union Statement Required
The Swedish Migration Agency has recently emphasized the requirement of an individual trade union statement for every permit application. Should there be a general statement in place for employers without trade union agreements, this can still be used. It is however the employer’s responsibility to first investigate whether another trade union within the same business sector could provide a statement, should the first union decline. If all relevant unions decline, the employer could include the first union’s notification that they decline to make a statement, with the application.

Sweden Entry Ban Extended & Amendments
The Swedish Government has extended the entry ban to Sweden until 31 January 2022 for people travelling from EU/EEA countries. The entry requirement of a vaccine certificate, negative COVID-19 test result or a certificate confirming recovery from COVID-19, also stays, but Nordic countries are exempt as before. Further, the government has amended the entry ban to Sweden from countries outside the EU/EEA for people who live in or can present vaccination certificates issued in certain specified countries.

Additional exemptions to this requirement and further information can be found through below link:

We welcome you to contact us with any questions you may have on these topics.

Thank you!

Your Human Entrance Team

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