Change in terms of employment with the same employer
Do you need at new permit, If your current permit is based on a specific job with a specific employer - and your terms of employment with this same employer change?
You have a residence permit based on a specific job with a specific employer.
If significant changes to your terms of employment are made, you must apply for a new residence and work permit.
If your residence permit is not based on a specific job, e.g. you are an accompanying family member or have been granted an Establishment card, changes to your terms of employment will have no consequences for your permit.
If you have been granted a residence permit as a researcher or according to the Pay Limit Scheme or the Fast Track Schemes pay limit track specific rules apply:
With a permit as a researcher or based on the Pay Limit Scheme or Fast Track Scheme, your job content can change within the same university or company without you having to apply for a new work permit, e.g. if you are promoted or if your research project is changing.
Your salary and employment conditions must, however, still correspond to Danish standards. If you hold a permit under the Pay Limit Scheme and the Fast Track Pay Limit track your salary must also continue to meet the pay limit requirement.
If your salary or other employment terms are diminished or deteriorated you must inform SIRI.
If you change your job to work for a new employer, or you hold a permit under the Pay Limit Scheme and wish to reduce your number of working hours to no less than 30 hours/week, you need to apply for a new permit. Your salary must still meet the pay limit requirement, even if the number of working hours has been reduced.
Other schemes:
Here you can see some examples of situations where you do not need a new permit:
-
You receive a salary increase
-
Your current employment has been temporary but you are offered permanent employment
-
You change your department within the same company (with the same CVR.no.) but your position does not change
-
You enter into a new contract in accordance with the collective agreement with the same employer but your position and the content of your job does not change
-
You get a new title
-
The designation or name for your type of position changes in general within the company
-
You are an engineer and are promoted to senior engineer without any further changes to you job tasks
-
Business transfer. The entire company or the part of the company in which you are employed is transferred to a new owner. The business transfer is regulated by the Danish law on business transfers.
-
The company changes its status from a one-man business to a limited company, public or private, or to a limited liability company - the CVR.nr. does not change
In all these situations it is, however, important that you remember to apply for an extension in due time, if relevant.
Here you can see some examples of instances where you must apply for a new work permit:
- You are offered a new position with a new employer
- You are given manager responsibility or manager responsibility is taken away from you
- You are seconded to Denmark and are offered permanent employment in Denmark
If you find a new job, while you are employed, you can start your new job before you have been granted a new residence and work permit. You just have to submit your application for a new permit no later than on the same day as you start your new job.
Read more about the job changing rule and when it applies here.
If you change your job and submit a new application for a residence and work permit under the Pay Limit scheme, you must pay attention to the fact that the minimum amount is regulated every year on 1 January.