Published 10-06-2024 - Last updated: 20-06-2024
Bill on increased flexibility for the work schemes
On 4 June 2024, the Danish Parliament (Folketinget) passed a bill that amends the rules in the Immigration Act concerning Danish bank account requirements, residence based on the Fast-Track scheme's short-term track as well as an amedment to the job change rule.
The purpose of the bill is to make it simpler for companies in Denmark to use the work schemes and to support companies in the effective recruitment of foreign labour and to ensure a higher degree of flexibility for foreign workers who apply for a residence permit in Denmark based on one of the work schemes.
The bill will make it possible for foreign workers to apply for an extension of their stay based on the Fast-Track scheme's short-term track without having to appear in one of SIRI's departments. This means that the worker will be able to continue their work as soon as the application for an extension is submitted and the fee is paid. The application for an extension must be submitted before the original residence and work permit expires, and it is still a requirement that the work stay does not exceed 90 days in Denmark within the last 365 days.
In addition, the job change rule will be extended to also include foreign nationals who wish to change their residence and work scheme (their grounds for residence) during an ongoing employment without changing their job or employer. The new rules mean that the foreign national can continue to work without interruption once the new application for a residence and work permit has been submitted.
Finally, foreign nationals with a residence and work permit based on the researcher scheme or the Fast-Track scheme's pay limit track, researcher track, education track and short-term track will now be exempt from the requirement that their salary must be paid to a Danish bank account. In addition, the deadline for setting up a Danish bank account will be extended from 90 days to 180 days for the work schemes that are still obliged to fulfill the requirement.
Please note that residence permits based on internships are not covered by the new rules for the bank account requirement. Interns still have 90 days to open a bank account.
The changes will come into effect on 1 July 2024.
Foreign nationals who have been granted a residence and work permit based on the researcher scheme or the Fast-Track scheme’s pay limit track, researcher track, education track or short-term track prior to the changes to the law coming into effect, and who were therefore required to have their salary paid to a Danish bank account, will no longer be subject to the requirement that their salary must be paid to a Danish bank account after the changes come into effect on 1 July 2024. Foreign nationals who have been granted a residence and work permit based on the work schemes where they are required to create a Danish bank account within 90 days from the time they are granted their permit will have 180 days to create a Danish bank account instead of 90 days, once the changes come into effect on 1 July 2024.
Applications for the extension of short-term recidencies can be submitted as soon as the changes to the law come into effect on 1 July 2024. Applications submitted before 1 July 2024 will be rejected.
On 25 June 2024 at 13.00-14.00, SIRI will hold a webinar about the new legislative changes. The webinar will also present information about the new educational attachment scheme that also comes into effect on 1 July 2024. The educational attachment scheme provides certain foreign nationals who lose their current grounds for residence and who are admitted to or currently undertaking an education within a field where there is a shortage of labour, the possibility of continuing their stay in Denmark. Read more about the educational attachment scheme.
Sign up for the webinar on the legislative changes here (only in Danish)
Read the bill on increased flexibility for the work schemes here (only in Danish)