Swedisch immigration law related to working in Sweden

1. Possibility for U.S. citizens to seek employment in Sweden


U.S. citizens can enter into Sweden without a visa and remain in Sweden for three months without any kind of permit. During this time, job hunting is allowed, but not working.

2. Types of Visa/Authorization to Work

Work permit procedures

Non-EU/EEA citizens who intend to work in Sweden require a work permit before entering the country. It is however possible for employees to come to Sweden, without a work permit, for the recruitment process and then stay if they are hired. Work permits are applied for at the Swedish embassy or consulate in the applicant's country of origin or residence. The consulate or embassy forwards the application to Migration Board for adjudication.

Qualifying grounds for work permits

On 15 December 2008, new rules regarding the influx of foreign labour to Sweden came into force. The aim is to create a more efficient and flexible system in order to facilitate the recruitment of employees from a third country. These rules result in, inter alia, that the so called authority based labour market probation comes to an end, and instead the basis shall be the employer's own estimate of his recruitment needs. According to the new rules a work permit shall be granted when the employer estimates a labour shortage, offers terms of employment according to applicable collective bargaining agreement and the trade union accepts the terms of employment which they are obligated to do if the terms are acceptable.

Residence permit required for stays of more than 90 days

Non-EU/EEA citizens require a residence permit to stay in Sweden for more than 90 days. A residence permit for more than 12 months entitles the foreign citizen to the same social and welfare benefits as a Swedish citizen and subjects the person to the same taxes. For people with a residence and work permit of at least six months, family members (i.e. spouse/cohabitant and children under 18) can obtain residence and work permits for the same period.

Exemption from work permit

A non-EU/EEA specialist employed by an international company or group and who travels to and from Sweden for periods of temporary work does not require a work permit. This exemption applies if the total stay in Sweden does not exceed 12 months. However, if the stay is longer than 90 days at a time a residence permit will be required and must have been granted prior to arrival. Citizens of some countries must hold a visa in order to enter Sweden.

Requirements when setting up as self-employed in Sweden

A non-EU/EEA citizen seeking to set up a business in Sweden as self-employed does not require a work permit but must have a residence permit stamped in his/her passport on arrival in Sweden. The application must be submitted at least 90 days before the permit is needed. To be granted a residence permit, the self-employed must be able to prove that he/she owns at least 50 percent of the business, that he/she runs the business and that he/she has the ultimate responsibility for it. The business must be expected to achieve satisfactory profits and be able to support the applicant and his family (if applicable) during a two-year probationary period. The applicant must demonstrate that he/she has solid experience in the business/industry and the experience of running his/her own business. Swedish and/or English language skills are necessary to run a business in Sweden. The Migration Board will require a detailed business plan and evidence of the necessary capital to establish the business and support the applicant and his/her family during the first year in Sweden. As a rule, a residence permit is granted for one year at a time for a period of two years. After that, the Swedish Migration Board can grant a permanent residence permit.

3. Contacts and other useful information

More detailed information on requirements for U.S. citizens who want to work in Sweden, please visit the webpage of the Swedish Migration Board (www.migrationsverket.se). For further legal advice on possibilities for U.S. citizens to work in Sweden, please contact Carl-Fredrik Hedenström at Magnusson Advokatbyrå, Mäster Samuelsgatan 6, P.O. Box 7413, SE -103 91 Stockholm, Sweden. Phone:. +46 8 463 75 00.

From: http://www.immigration-information.eu/sweden.html