The ’fitter rule’
Certain groups of third country citizens are, based on their profession or specific situation, exempt from the work permit requirement. The ‘fitter rule’ is one of these rules of exemption.
If a Danish company has acquired a high tech product from a foreign company and you will be working as a ‘fitter’, consultant or instructor in Denmark, you could be subject to the ‘fitter rule’. In order to be exempt from the residence and work permit requirement, your total stay in Denmark cannot exceed 90 days. If you stay more than 90 days, you must apply for a residence and work permit before you begin to work.
Note that ‘fitters’ only can be granted a residence and work permit if they meet the conditions of one of the work schemes, e.g. the Pay Limit Scheme or the Positive List. It is your own responsibility to obtain a residence and work permit if required.
You work task must be to
- maintain or
a machine, equipment, it software or similar, that is technical equipment – or you must share information on the use of the equipment or software.
The equipment can, for example, be hich tech machinery which must be installed by the foreign company’s personnel, having been trained to install the equipment correctly.
Required of you:
- You must be employed or connected to the company that delivers the imported product and
- you must normally receive a salary from this company.
If you are employed by a company different from the company that delivers the product then there must be an agreement between the two companies, that your company will do the installation.
Even though a company has guaranteed a product under the condition that the product must be installed by the company’s own employees, this does not mean that those employees automatically are subject to the ‘fitter rule’. The abovementioned conditions must still be met.
The ‘fitter rule’ can be used until the technical equipment, software or similar has been installed and is ready for use – including the accompanying and necessary instruction.
The ‘fitter rule’ cannot be used for later servicing (even though a service contract has been made), adjustments, maintenance or upgrading of the equipment.
What is not covered by the ‘fitter rule’?
- Ordinary construction and skilled work is not subject to the rule. This means that you must have a residence and work permit, if you, for example, are going to erect houses, which have been partly or entirely fabricated abroad.
- Disassembly, most often in connection with the dismantling of used Danish technology or machinery, is not subject to the rule. This sort of work requires a residence and work permit.
A company in Denmark has bought a product from a foreign company. The product is high tech equipment, it software or similar. The equipment or software is so specialized that it is crucial that it is installed by the foreign company’s employees. If the work has been estimated to take less than 90 days, a residence and work permit is not required, since the task can be completed subject to the fitter rule. If it is known that the work will take longer than 90 days, the applicant must be granted a residence and work permit before the work begins.
If you or your employer have any questions, you can ask SIRI for a written indication whether or not you are subject to the ‘fitter rule’. You can send an email to firstname.lastname@example.org.
The email can contain the following types of information:
- the name of the foreign company that has delivered or sold the product to the Danish company,
- whether or not a contract has been agreed upon,
- whether or not the foreign company is a sub-supplier, and if so, the reason for this,
- the type of product,
- how many employees need to be sent to Denmark to install the product and who they are,
- the educational background and specific qualifications of these employees, and
- how long it will take to finish the work.
If you wish for SIRI to send a written indication on whether a work task is covered by the ‘fitter rule’ - and thereby by the rules of exemption from a work permit – it is required that you submit all relevant documentation, incl. contracts, job descriptions etc.