Visa (short term) or work permit?
As a foreign national, in most cases, you will need to have a residence and work permit before you may begin to work in Denmark.
However, during a visit of maximum 90 days on a visa (or a visa-free stay) you can in certain cases perform certain types of work-related activities while in Denmark, without holding a residence and work permit.
You may, for example, receive training, education and instruction or participate in negotiations and meetings. However, some activities associated with these may not be carried out without a work permit.
A work permit is required if, during your visit, you contribute to the creation of a product, modify a product, or in any other way contribute to the company’s output.
Some activities that would typically require a work permit may, in certain cases, be exempt from the work permit requirement.
You can read more about the exemption rules here
It is important that your visa application includes a detailed description of the activities you plan to carry out during your visit, so we can assess whether the purpose requires a work permit. All aspects of the tasks must be described in detail. This means providing specific information about the content of any training, education, or meeting, as well as the computer system you will be working on. If the purpose of your visit is clearly and comprehensively described, it improves the case handling, as the Danish Immigration Service will not need to request additional information for your case.
If you are unsure whether the activities you intend to perform during your stay in Denmark require a residence and work permit, you can contact the Danish Agency for International Recruitment and Integration (SIRI) to request an advisory statement. This statement can be included with your visa application if SIRI has assessed that the intended activity does not appear to require a work permit.
Please note that a work permit is required from the first day of your visit if your work-related activities exceed 90 days. Regardless of whether you were required to hold a visa in order to visit Denmark or you were exempt from holding a visa.
Examples
Applications are reviewed on an individual basis, but the following examples illustrate standard Immigration Service practice:
- Meetings and briefings: You want to travel to Denmark for five days in order to speak with company employees you are in daily contact with, either over the telephone or by e-mail. During the meeting you will discuss projects that you will complete in your home country. In this scenario, you have not contributed to the company’s output while you are in Denmark, even though you may do so after returning to your home country on the basis of the meetings and conversations you had while in Denmark. You do not need a work permit for this type of activity; a visa is sufficient.
- Stay in Denmark in connection with tender: A person employed by a foreign company wishes to stay in Denmark for 60 to 90 days in order to participate in meetings with a Danish company which has put a task out to tender. The person is in constant dialogue with the Danish company about the tender. During his/her stay in Denmark, the person participates in the process of submitting the tender, ie. work-related activities which could as well be made in the foreign company, but where the stay in Denmark and the ongoing dialogue with/input from the Danish company about the tender makes the process easier. During his/her stay, the person may not carry out any activities that may be included in the delivery to the Danish company (if the foreign company wins the tender). If the foreign company (which may also be a parent, affiliate or subsidiary of the Danish company) wins the tender, the person must hold a work permit in order to participate in the solution of the task. If the stay is with a Danish company where the person is employed by a foreign parent, affiliate or subsidiary of the Danish company, and where the person has specific competencies to be used in the Danish company's production of the offer etc., then the person’s participation in this work requires a work permit. Read about affiliated companies here
- Receiving instruction and subsequent assignments: You want to travel to Denmark for 60 days in order to receive training and, after completing the training, handle a programming project for the company. This type of activity requires a work permit. The stay can be divided into two parts: the training and the programming. You training does not contribute to the company’s output, but the computer programming does, and therefore requires that you hold a residence and work permit. A work permit is not required if you only receive training in Denmark and then return home and carry out the programming work in your home country.
- Length of stay: You are an employee of the subsidiary of a Danish company scheduled to follow a theoretical and practical training programme at the Danish office, scheduled to begin on 1 October and end on 31 December (including both days). In this instance, you would need to apply for a work permit, as the entire length of the programme is 92 days. Visas are valid for a maximum of 90 days.
- Incomplete information: When applying for a visa, you present an extensive manual that you need in order to perform your job in a company that is the subsidiary of a Danish company. You apply for a 90-day visa, but neither you nor your company can state precisely what your time will be spent on in Denmark. The only information given is that you will receive theoretical and practical training, the specifics will be determined as you go. In this instance, neither the Danish Embassy in your country nor the Immigration Service would have enough information to go on when deciding whether you need a work permit. Your application for a visa will be rejected.
Complete rules regarding work permit exemptions are listed in section 24 of the Aliens Order.