As of 1 June 2019, the Danish immigration authorities will be obliged to inform employers when a foreign national loses his or her grounds for residence and thereby the right to work
Starting 1 June 2019 the Danish Immigration Service and the Danish Agency for International Recruitment and Integration (SIRI) will inform the employers' of a foreign national when the foreign national receives a decision to refuse an application for a residence permit (in the instances where the foreign national previously has had the right to work), or a decision to revoke a permit, a refusal to extend a permit or a decision establishing that a permit has lapsed. This also includes instances where a foreign national's right to reside in Denmark under EU regulations has ended.
Up until now only employers employing foreign nationals with a permission to work for this specific employer have been informed.
Employers who have reported salary payments to the foreign national to the income register within the last three months from the time when the decision has been reached will be informed. The foreign national does not need to grant consent to the authorities in order for the authorities to inform the employer.
A decision to refuse a permit (only in instances where the foreign national previously has had the right to work), the revocation of a permit, a refusal to extend or a decision establishing that a permit has lapsed will have the following consequences:
- For schemes in the area of work and study the foreign national will lose the right to work when SIRI has made a decision.
- In the area of asylum and family reunification the foreign national will not lose the right to work if the foreign national appeals the decision or if the decision is being appealed automatically.
- In the area subject to EU regulations a third country national does not lose the right to work, if the foreign national appeals the decision within 7 days.
The employer will be informed in detail about the specific situation in the letter from SIRI or the Danish Immigration Service. The employer will also be able to contact the relevant authority and receive more detailed information.