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Local Sweden
5 days ago
- Politics
- Local Sweden
Swedish Migration Agency to publish work permit salary limit exemptions
Sweden's Migration Agency will next week publish a list of the jobs which could potentially be exempted from a new salary threshold for work permits, but it stresses that there's little chance of these exemptions coming into force any time soon. Advertisement According to Hanna Geurtsen, deputy head of the Migration Agency's new work permit "special focus area", the list will be based on another list of 152 job titles provided in a memo to the agency from the Swedish Public Employment Service (Arbetsförmedlingen) on June 1st. "We will have a list, but it will not be 'the list of exemptions'," Geurtsen stressed. "It will instead be part of the underlying information and reasoning that the government needs to take into consideration if they want to proceed with this proposal." The list is set to be published by the end of next week, well ahead of the August 1st deadline given by Sweden's then labour and integration minister, Mats Persson, when he requested it in February. In the press release announcing the order, he said that "opportunities for exceptions for professions where there is a shortage" were "of great importance". The Migration Agency has taken the Arbetsförmedlingen list of 152 job titles and then noted down which job titles have in the past been taken by foreign workers in significant numbers; which, such as the police or the military, require Swedish citizenship; and which have in the past been abused by employers or subject to workforce exploitation. Advertisement Arbetsförmedlingen's list in turn whittled down the 429 job titles listed in the Swedish Standard Classification of Occupations (SSYK) system which both pay less than Sweden's median salary and for which employers also have problems recruiting from within Sweden. Geurtsen stressed that because the government had yet to propose the legislation for a future work permit salary threshold with exceptions, the list presented next week could only be advisory. Since a government inquiry into the salary threshold and exemptions was published in February 2024, with consultation responses received in April 2024, the government has for more than a year delayed taking the next step, which would be to submit a draft bill to the Council of Legislation. This means that the date the inquiry envisaged for the higher salary requirement (at least 100 percent of the median salary) and possible exceptions – June 1st – passed without even a draft bill published, let alone one submitted to and voted through by parliament. "What's important to understand here is that there is currently no legislation which would regulate a salary requirement," Geurtsen told The Local. "This list cannot come into force. It doesn't have any legal status until they tell us how they want to legislate. They also need to decide who in the future will have the mandate to decide on the list. We don't have that mandate." In particular, she said, it's important to understand that the exceptions cannot be applied to the current salary threshold, which is set at 80 percent of the median salary, as this is based on different legislation, the försörjningskrav, which concerns the amount the government judges people need to earn to live comfortably. Alongside the list, the Migration Agency will also explain why the order it was given in February has been challenging to fulfil. "Our press release will stress the fact that this task was difficult to execute due to lack of general definitions and a lack of methodology," Geurtsen said. Advertisement The request, she noted, had given no guidance on how to judge what "risk of abuse or workplace exploitation" would be enough to bar a job title from having an exception. Another complication was that Arbetsförmedlingen was asked to provide its list by June 1st, and the median salary was then updated on June 17th. This meant that the list it provided was out of date only 16 days after it was passed to the Migration Agency.
Local Sweden
24-03-2025
- Politics
- Local Sweden
How does Sweden's 'track change' repeal affect work permit holders?
What's happening? From April 1st, a law which allowed rejected asylum seekers to apply for a work permit without having to leave Sweden (provided they had been employed for at least four months and met all the other requirements for a work permit) will be abolished . This not only affects future rejected asylum seekers who might want to change to a work permit, but also those who have made the change in the past and are currently living and working in Sweden – but will after April 1st not be able to extend their current permit. The Local spoke with the Migration Agency's deputy task manager for work permits, Hanna Geurtsen, to help explain exactly who is affected and what it means for them. Who's affected? Everyone who is on a temporary work permit which they switched to after their asylum or protection application was rejected via the so-called spårbyte ("track change") option. But, and this is important, you need to check the original decision to grant you a work permit to see which legal paragraph the Migration Agency based its decision on. If the decision was based on chapter 5, paragraph 15a in the Swedish Aliens Act ( utlänningslagen ) this means you were granted a work permit under spårbyte rules – which means that you may not be able to extend your permit once it expires. You should be able to see in your original decision what paragraph was used to grant you a work permit. However, Geurtsen told The Local that the agency has in some cases of former asylum seekers granted a work permit under standard work permit rules – so if your decision was based on another paragraph than 5:15a, you're not affected by the scrapping of spårbyte . How many people are affected? The Migration Agency estimates that around 4,700 people living in Sweden will be affected by the abolition of track changes, which will not only force former asylum seekers who have used this option to leave the country, but also their families. Around 1,400 of the 4,700 people are family members, according to the Migration Agency. There are today around 2,200 valid spårbyte permits and around 2,500 open applications. Those affected can stay in Sweden until their current permit expires – they don't have to leave exactly on April 1st. Advertisement Why do those affected have to leave Sweden? Normally, the rule of thumb is that work permit applicants have to apply from abroad. That goes for everyone (or most, as there are exceptions), not just former asylum seekers. In 2008, the centre-right government at the time introduced an exception for people who had arrived as asylum seekers, had their asylum application rejected but were by then gainfully employed. This allowed them to apply for a work permit from within Sweden. That's the exception that's now being scrapped. READ ALSO: Swedish Migration Agency warns of fast-tracked abolition of 'spårbyte' without transitional rules If you're wondering why it's affecting people who have already made that change, then to generalise you could put it like this: once a track changer, always a track changer. When the Migration Agency looks at whether or not to award applicants a work permit extension, they look at under what legal paragraph they received their current permit. If that paragraph was 5:15a, which from April 1st will no longer exist, they can no longer grant them an exception from the rule that you have to apply for a work permit from abroad. That generally means they'll have to leave Sweden and apply from abroad instead (see below for other possibilities). No transitional rules were proposed by the government ( despite the urging of experts ) which means that even many people who changed tracks in the past are affected. Advertisement What about permanent residency? If you already have permanent residency, you're not affected. If you have applied or are about to apply for permanent residency, this affects you too, unless you happen to get a decision before April 1st. But if you haven't received a decision by April 1st, your application for a permanent residency permit may well be rejected. Hanna Geurtsen, deputy head of the Migration Agency's special focus area for work permits. Photo: Björn Bjarnesjö/Swedish Migration Agency Is there really no chance of staying? Maybe, but it's extremely complicated. We'll try to explain. The Migration Agency has said that it will look at whether there are other reasons why people may get to stay, or whether it's possible that they could qualify for exceptions. In this case, it matters whether the deportation decision people received when their asylum was rejected is still active and valid or has expired, so look this up if you're affected. "For the individual, it will be crucial whether or not you have a deportation order which is still valid on April 1st," said Geurtsen, saying this factor hugely affects how many liberties the agency can take. If the deportation decision is still active, the Migration Agency could issue a so-called verkställighetshinder – "impediment to enforcement", or in other words permits issued to people who have been ordered to leave Sweden but can't, for example if their home country refuses to accept them. But note that the criteria for a verkställighetshinder are extremely narrow, so the chances of receiving one are very small. Advertisement If the deportation decision has expired (i.e. if more than four years have passed since the decision gained legal force), the odds of staying look better. If the applicant does not have a deportation order against them that is still valid by April 1st, and has other grounds for a permit (such as family ties, employment or similar), they can apply for that permit at the same time as applying for permanent residency if they meet the requirements. The Migration Agency will then assess whether or not they can receive permanent residency. "If you've been here, so that you qualify for a permanent residency permit and your deportation decision has expired, we can consider and possibly grant a permanent residency permit," Geurtsen confirmed. READER INSIGHTS: 'We didn't do anything wrong': Foreign workers blindsided by Sweden's 'spårbyte' repeal If the agency finds the applicant doesn't qualify for permanent residency, they will then in the next instance look at whether or not there is a reason for why he or she can get a permit extension with an exception from the rule that you have to leave Sweden to have your application tried. Such exceptions could for example be that an applicant has lived in Sweden for many years, and perhaps has children who have also lived in Sweden for many of their formative years. It's important to note that none of this is a certain guarantee that you'll be granted an exception. In the end, the Migration Agency will look at everyone's individual situation, so it's not possible to say a clear "yes" or "no" in this article. "We will look at all the circumstances. But for a fair number it will probably end with us noting that yes, there's an employment contract, it meets the conditions, but there are no reasons to make exceptions and you have to leave the country in accordance with your deportation order to apply for a new residency permit from abroad," said Geurtsen. She told The Local that the agency has little "room to manoeuvre" when it comes to following the law laid out by the government and parliament, but conceded: "It's tough for an authority to have to make new deportation orders for people who before a law change probably would have received a positive decision and an extended work permit." "Our challenge now is to reach all those affected in order to be able to give them the correct information, as these are people who are already in a system and have ongoing valid residency permits." Advertisement If I lose my right to stay in Sweden, will I be able to return? Yes, at least in theory. You can apply for a new Swedish work permit as soon as you've returned to your home country or another country where you have the right to stay. The problem is that it will be considered a new work permit, not an extension, which means that you'll have to go through all the steps from the start. In the worst-case scenario your employer may have to re-advertise your position to meet all the requirements. But as long as you follow your deportation decision and leave Sweden on time when the Migration Agency tells you to, you don't risk receiving a ban on returning, which means you can come back on a new work permit even if you still have an active deportation decision. "The time you've spent here working can be taken into account in a future application for a permanent residency permit," said Geurtsen. "The key thing that you have to avoid is getting a ban on returning. If you get a ban on returning it normally applies to the entire Schengen area for a certain period of time, and having a job in Sweden is usually not enough to revoke such a ban." Advertisement Why is this happening? It's part of the government's flagship "migration paradigm shift" which the three right-wing coalition partners agreed together with the far-right Sweden Democrats in the so-called Tidö Agreement, which was struck after Sweden's general election in 2022. One of the aims is to limit asylum migration in particular, and spårbyte has been accused of attracting people who apply for asylum despite knowing they're not actually eligible. "It is crucial for maintaining trust in our migration system that those who have received a deportation order also leave the country. These proposals reduce the incentives to remain in Sweden following a deportation order," said Migration Minister Johan Forssell in a statement when the government presented the bid to scrap track changes by April 1st. PETITION: Swedish government urged to protect track changers' work permits Abolishing track changes was originally part of a major legislative package to reform Swedish work permits, and was meant to come into force in June together with the rest of the reforms. But then it was included in a separate bill, which was sent to relevant organisations and agencies for consultation in February, and fast-tracked with the start date moved forward to April 1st. It was approved by parliament on March 12th. Advertisement The Council on Legislation – the parliamentary body that scrutinises bills before they go before parliament to ensure they are in line with the constitution – had urged the government to consider transitional rules before moving forward with the reform. "From an equal treatment perspective, the Council on Legislation questions the appropriateness of allowing an authority's processing times to be decisive for whether an application should be processed according to the new or older wording," it wrote. But the government overrode the criticism, arguing that the purpose of abolishing track changes was to create greater incentives for those with deportation decisions to leave Sweden. "[I]t is important that the new rules quickly have an impact," it wrote in the bill. This article was written by The Local and has been fact-checked by the Migration Agency.
Local Sweden
18-03-2025
- Politics
- Local Sweden
New petition calls on Swedish government to protect track changers' work permits
From April 1st, Sweden will scrap spårbyte ('track change'), an immigration path which has previously meant that rejected asylum seekers could receive a work permit without having to leave the country to apply, provided they met all the other work permit requirements. But no transitional rules have been put in place , which means that even people who have chosen this path in the past won't be able to extend their current temporary work permit when it's due to expire, unless they first leave Sweden and apply from abroad. A new petition is now urging the government to quickly roll out transitional rules to protect the immigration status of those who already live and work in Sweden. 'Many of us are employed in key sectors such as construction, restaurants, healthcare, and IT. We pay taxes, support ourselves, and contribute to the economy. Suddenly being expelled is not only unjust but also a major mistake for Swedish society,' reads the petition, which had by noon on March 18th gained more than 2,000 signatures. The Migration Agency estimates that around 4,700 people living in Sweden will be affected by the abolition of track changes, which will not only force former asylum seekers who have used this option to leave the country, but also their families. 'Despite the economic crisis, inflation, and bankruptcies in 2023, we have managed to live and work with dignity in Sweden. Many of us have families, children who were born and raised here, and strong ties to Swedish society. Forcing us to leave now is not only cruel but also unnecessary,' argue the petition writers, who have also set up a Facebook group. Advertisement The rule change will only affect people who have switched from the "asylum track" to the "work permit track". It won't affect people who have changed their permits on other grounds, or asylum seekers who have changed to a permit for studies or research. The Migration Agency's deputy task manager for work permits, Hanna Geurtsen, said in a statement that the agency would examine whether applicants have other grounds for a residency permit or whether there are reasons for not enforcing deportation. 'But most people who have been granted a residence permit on the basis of work through a so-called change of track will have to leave Sweden when their current permit expires,' she said after parliament voted through the government's bill.
Local Sweden
14-03-2025
- Politics
- Local Sweden
Sweden to abolish residency permit 'track changes' from April 1st
The Swedish parliament on Wednesday approved the government's bid to abolish track changes – which has so far meant that rejected asylum seekers have been able to receive a work permit without having to leave the country, provided they met the requirements. The new rules will come into force on April 1st, and the Migration Agency warned no transitional rules have been put into place by lawmakers. "Without transitional rules, the new legislation will also have consequences for people who are currently working and supporting themselves," the Migration Agency's deputy task manager for work permits, Hanna Geurtsen, explained in a statement. It will no longer be possible for those who have been granted a work permit through this kind of track change to be granted an extension, which means that they will have to leave Sweden when their current permit expires. "We will examine whether there are other grounds for a residence permit or whether there are grounds for not enforcing deportation. But most people who have been granted a residence permit on the basis of work through a so-called change of track will have to leave Sweden when their current permit expires," said Geurtsen. Around 4,700 people will be affected by the abolition of track changes, according to the Migration Agency's estimates. The rule change will only affect people who have switched from the "asylum track" to the "work permit track" and their families. It won't affect people who have changed their permits on other grounds, or asylum seekers who have changed to a permit for studies or research.
