Exemption from the requirement of a work permit
Certain groups of foreign nationals (non-EU/EEA or Nordic citizens) may be exempt from the requirement of a work permit because of their professional field or specific situation,
If you are going to work in Denmark you can be
- exempt in general
- exempt for a maximum of 40 days per year if you are member of a board
- exempt for a maximum of 90 days for special work assignments
- exempt for up to 5 days as a guest teacher
from the requirement of a work permit. These rules are called the rules of exemption.
The following persons are exempt from the requirement of a work permit:
- Foreign diplomats, living in Denmark, and others with similar diplomatic rights – including their family members and staff employed in their personal household. Contact the Diplomatic Section in the Ministry of Foreign Affairs of Denmark.
- Staff on board foreign trains and motor vehicles in international traffic
- Staff on board Danish commercial ships sailing in international traffic, which within any 12-months period make calls at Danish ports or shipyards no more than 25 times per year and in addition make calls at Danish shipyards no more than 3 times. For more information see legal guidelines regarding personnel on Danish commercial ships sailing in international traffic (In Danish only).
Guest teachers do not need a work permit if they, within a period of 180 days, will be teaching for up to 5 days at an educational institution under the Ministry of Higher Education and Science or the Ministry of Culture.
Professional models who work in Denmark for a short period of time in connection with companies holding significant and international fashion shows and fashion fairs are exempt from the work permit requirement for up to 3 working days within a period of 180 days. The 3 working days can be used together or in 3 separate working periods of 1 day durations.
As a rule, a foreign national, who will be working in Denmark, must have a work permit. However, artists, musicians, performers, etc. and associated staff can be exempted from the requirement of a work permit, if they are of importance for a significant artistic event.
The artist, musician, performer etc. must, as a rule, be the focal point or main attraction of the event, or at least be of major significance for the artistic event.
The artistic event must be a public event, i.e. it must be possible for anyone to buy a ticket or through other means gain access to the event.
The artistic event can be part of a tour or take the form of one or more single events.
The event must have a short-term character, normally with a duration of less than 14 days.
Necessary staff may also be exempt from the requirement of a work permit. This includes staff that often follows the artist, e.g. a manager, make-up artists and dressers, sound and light staff and tour bus drivers, etc.
Staff normally made available by the organiser of the event, will not be considered as necessary staff. For example, staff handling security, wardrobe, bar, admission or stagehand workers will therefore not be able to work without a work permit.
An example
A music venue has arranged a single concert with a band from a third country (a country outside the EU/EEA). The band appears on the music venue's website, where you can buy a ticket for the event as well. The band will be exempted from the requirement of a work permit in connection with the concert.
If you have any questions, you can contact SIRI
If you have any questions on whether or not you are exempted, you can submit a written request via SIRI's contact form.
Based on this written request SIRI will assess whether or not you are exempted from the requirement of a work permit. Please note that SIRI cannot make any statements on whether or not you are exempted from the requirement of a work permit if you contact us by phone.
Based on your written request SIRI will issue a guiding statement on whether or not you are exempted from the requirement of a work permit.
We ask you to include the following information in your request:
- Information about the artistic event, including information about the type of event, where it will take place, period of the event and whether a ticket to the event can be bought. You may also insert a link to the event website
- Information about who will be going to Denmark to participate in the artistic event and what they will be performing
Professional board members do not need a work permit if they are in Denmark for a maximum of 40 days within a calendar year to perform their duties as members of a board.
Foreigners can be exempt from the requirement of a work permit if they are employed in a company established abroad that is affiliated with a company established in Denmark.
In order to allow such an exemption, it is a requirement that the company established in Denmark must have a minimum of 50 employees. Furthermore, the foreigner is allowed to work in Denmark for up to 2 separate working periods, consisting of a maximum of 15 working days each within the span of 180 days.
The rule on exemption is created in order to provide a flexible framework for the business sector.
Among other things, the rule aims to support affiliated companies’ need for flexible access to shared knowledge across the group. Therefore, the rule is not intended for skilled or unskilled manual labour.
General conditions for the use of the Exemption Scheme for affiliated companies:
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The foreigners must be employed in a company established abroad that is affiliated with a company established in Denmark which has a minimum of 50 employees.
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It is a prerequisite that the foreigner must work at the company established in Denmark with which the foreigner's employer abroad is affiliated.
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The foreigner can work in Denmark for 2 periods, consisting of a maximum of 15 working days each within 2 separate periods within the span of 180 days. These 2 working periods must be separated by a stay outside of Denmark which must last at least 14 days.
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The scheme does not apply to the following industries; construction, agriculture, forestry and horticulture, cleaning (including window cleaning), hotel and catering as well as carriage of goods by road – unless the foreigner in question is travelling to Denmark to carry out work at management level or work requiring knowledge at intermediate or the highest level.
An example
An employee from an international department of a contracting company (within the construction industry) is travelling to Denmark to participate in the group's tax planning for the upcoming fiscal year (management work or work that requires knowledge at the highest level).
Therefore, the foreigner in question can enter Denmark on a business visa or a visa free stay which can last for up to 15 working days. The foreigner is thereby able to perform management work without a work permit.
The employer and the foreigner are both responsible for documenting that the foreigner is subject to the rule on exemption for affiliated companies. Therefore, SIRI recommends that companies and foreigners familiarise themselves with the practice note below which reviews the conditions of the scheme in great detail.
Read the practice note on the rule on exemption for affiliated companies
The following professionals can carry out specific types of work without a work permit if the stay lasts no more than 90 days fra the date of entry:
- Researchers and lecturers invited to teach or lecture in Denmark
- Foreign nationals who are to work as researchers or guest researchers in affiliation with a university or company in Denmark
- Potential PhD students who are to participate in a screening process to enable the university in Denmark to determine whether the foreign national should begin a PhD programme at the university
- Representatives of foreign companies or organisations which do not have a branch office in Denmark who are on business trips in Denmark. Representatives on business trips should normally be taken to mean representatives of foreign companies or organisations who are visiting Denmark with the intention of entering into contracts to buy or sell products or services. However, if a representative of a foreign company or organisation is firmly attached to a Danish company or organisation and is carrying out work for it, a residence and work permit is required - even for a short stay in Denmark
- Fitters, consultants or instructors hired to fit, install, inspect or repair machines, equipment, computer programmes or similar items, or provide information on the use of such items, provided the person is employed by the firm that manufactured the equipment. Read more about the 'fitter rule'
- Individuals employed in the household of foreign nationals visiting Denmark for up to three months
- Professional athletes and coaches, as well as associated personnel who will participate in a single major sporting event. Associated personnel, who may be exempt from the work permit requirement, are defined as personnel who will perform tasks at a specialized level of knowledge to support the sporting event as a whole. Professional athletes can participate in trial training in a Danish sports club without a work permit until an employment contract is signed. If an employment contract has been signed, a residence and work permit is always required before work can begin. Training after an employment relationship has started is considered work that requires a permit.
Exemption from the residence and work permit requirement does not waive the requirement for a visitor's visa. Consequently, you must hold a visitor's visa if you are a citizen of a country with a visa requirement to enter Denmark.
You can see a list of countries with a visa requirement here
Examples of situations where you are encompassed by the rules of exemption:
A foreign national, who is going to do research in Denmark for up to 90 days, is exempted from the requirement of a work permit.
Researchers includes: scientific staff such as scientific assistants, lecturers, associate professors, and professors who are invited to teach or similar activities, and participation in research projects.
There must be specific research related reasons for the job to be performed by the foreign national in question.
If the stay is less than 90 days counted from the date of entry, a university or company in Denmark can therefore employ and pay the foreign national without having to apply for a work permit. If there is any doubt whether the stay will be of a longer duration than 90 days, you must have been granted a residence and work permit valid for the entire period including the first 90 days before you enter Denmark.
A guest researcher, who has completed an education at the level of a master’s degree and is invited to do research with a private or public research institute, without being enrolled or employed at the research institute, is exempted from the requirement of a work permit.
If there is any doubt whether the stay will be of a longer duration than 90 days, you must have been granted a residence and work permit valid for the entire period including the first 90 days before you enter Denmark.
Potential PhD students who are to participate in a screening process to enable the university in Denmark to determine whether the foreign national should begin a PhD programme at the university are exempt from the requirements of a work permit.
The purpose of the screening process is to make it possible for universities etc. to evaluate the capability of a foreign student for a PhD programme and thereby accept the most qualified foreign students for PhD programmes in Denmark.
Therefore, potential PhD students who are going to participate in a screening process and who have not yet finished their master’s degree programme, have the option to stay in Denmark for up to 90 days from their date of entry without having to apply for a work permit.
A guest teacher who, for example, will be teaching a Master Class or give a lecture at an educational institution under the Ministry of Higher Education and Science or the Ministry of Culture is exempted for from the requirement for a work permit.
The exemption is limited to 5 days within a period of 180 days. The 5 days can be distributed over the 180 days or consist of a single course of 5 consecutive days.
If a course lasts longer than 5 days, the guest teachers must apply for a residence and work permit before he or she starts to work.
On the other hand, you are not comprised by the rules of exemption if you already have a residence and work permit, which is limited to a specific job, but would like to take sideline employment that would otherwise have been encompassed by the rules of exemption had the sideline job been your only job in Denmark.
If you for instance have such a work permit limited to one particular employer and you want to be a guest lecturer or teach at another institution or company, you must apply for a permit for sideline employment.
As a researcher (with a permit under the Researcher scheme or the Researcher track under the Fast-track scheme), Guest researcher or PhD student, your permit includes a right to take up sideline employment. Please find further information under the specific scheme.
It is your total stay in Denmark that determines the use of the rules of exemption and not the length of the sideline employment period, e.g. if you are to give lectures or give a presentation for a company.
You can read more about permits for sideline employment here
The regulations regarding how and when a foreigner can be exempt for the requirement of a work permit can be found in section 24 of the Danish Executive Order on Aliens (in Danish only)