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WORK PERMITS

Why is Sweden deporting skilled foreign workers?

Professionals from countries outside the EU rely on work permits to stay in Sweden, but restrictive rules mean that many are ordered to leave the country through no fault of their own. The Local explains why this has been happening.

Why is Sweden deporting skilled foreign workers?
File photo of a Swedish tech company office. Photo: Pontus Lundahl/TT

This article is available to Members of The Local. Read more Membership Exclusives here.

Article published in 2018.

What's the issue?

Hundreds of skilled foreign workers have been deported or are facing deportation from Sweden after the Swedish Migration Agency refused to extend their work permits. In many cases, the reason for the rejection is a small or minor error, often relating to a previous job or something which has since been fixed. This has become known as 'kompetensutvisning' (roughly 'deportation of talent') in Swedish.

It's not only a major problem for the affected professionals, who are likely to have put down roots in Sweden during the time spent working here, but also for the Swedish economy which relies on foreign talent to plug skills shortages.

READ ALSO: 'I'm being deported because I didn't take vacation, but Sweden is my home'

Why has this happened?

The short answer: bureaucracy.

The long answer: Back in the early 2000s, Sweden had a lot of restrictions around labour migration, with strict quotas for different professions based on government assessments of where the labour shortages were. These were relaxed significantly in 2008, so that anyone from outside the EU could move to Sweden for work if they could find an employer there.

But some employers used the looser rules to exploit foreign workers – who might be more willing to put up with poor working conditions, or might simply find themselves without any other options in a new country. There were very few checks on employers and seasonal berry-pickers faced particular problems, with scandals reported each year.

Berry-pickers in Sweden. Photo: Jurek Holzer/SCANPIX

To rectify this, the Migration Agency was given power to carry out checks on employers, who had to offer workers pay and conditions in line both with Swedish industry norms and the initial contract offered to the employee, and from 2014 onwards it has been able to revoke work permits if employers haven't complied.

After a 2015 decision from the Migration Court of Appeal, the Migration Agency interpreted cases on an increasingly strict basis, leading to many deportations even when both the employee and employer had done as much as possible to adhere to the rules. The assessments also started applying retroactively, pushing up waiting times for decisions and meaning it was possible to be deported over a past mistake, even if the employer had since rectified it or if the employee had since moved jobs.

How many people are affected?

It's hard to say exactly, but the number of deported foreign professionals is in the hundreds.

In 2017, more than 1,500 people had their work permit extensions rejected. It's not possible to say how many rejections were due to minor errors, but the number is well over double the figures for the previous four years.

READ ALSO: Sweden needs to do more for its international workers, report argues

These workers face having their lives in Sweden uprooted, and the issue is also having a clear effect on physical and mental health, according to initial results of a study this year. Almost all of the 237 respondents said the work permit renewal process had affected the health of them and their family, with close to one in three reporting stress and one in five reporting feeling depressed.

Between January and mid-April in 2018, 990 decisions in work permit renewal cases were made, with 83 percent of these (820) approved and only 88 rejected. This appeared to be a positive trend compared to 2017's average of 125 rejections per month.

Has anyone done anything about this?

Yes, but it's been slow progress.

In December 2017, the Swedish Migration Court of Appeal ruled that Migrationsverket's decision should be based on an overall assessment of each case, rather than allowing single, small errors to derail an application. This went into effect immediately and was hailed a landmark ruling for work permit holders.

There have been several successes since: an Iraqi man facing deportation for failing to take sufficient holiday was allowed to stay in Sweden, and a Syrian computer programmer was able to return to her Stockholm job following her deportation to Greece.

Work permit success! Syrian tech star back in Sweden after deportation threat
Programmer Safinaz Awad, in the purple shirt, celebrating with her colleagues. Photo: Sweet Systems

The government had been working on a new work permits law to address the problem too, but said this was no longer necessary after the December ruling. An earlier law change means workers should not be deported over mistakes in their paperwork if these mistakes are corrected before they are picked up by the Migration Agency. This is only likely to be relevant in a small percentage of cases though, since many of the minor errors aren't picked up before the agency's assessment.

In the meantime, multiple groups are campaigning for more support and clearer rules for work permit holders. The non-profit public interest law firm Centre for Justice has taken on several work permit cases; the Work Permit Holders Association represents the affected individuals; and the Stockholm Chamber of Commerce and CEOs of multiple companies in the tech industry have highlighted the damaging economic implications. 

And publications including The Local have worked to bring the issue to public attention. A Swedish MP submitted a formal parliamentary question about a sales engineer facing deportation due to a former employer's error, which he learned about by reading The Local. The MP said the case proves that a legislation change is still needed, even after the December ruling.

I'm worried about my work permit status. What can I do?

Speak to your employer as soon as possible if you are a non-EU worker in Sweden on a work permit and have concerns.

Your company should be able to help you with the paperwork for your permit extension and to make sure things like the correct insurance plans are in place. You can also read up on the rules for work permits on the Migration Agency's website, and get in touch with them if you have a specific question.

If you do spot a mistake – a missing insurance policy, an inconsistency in vacation or salary, or so on – don't panic. The December 2017 ruling means that a small error shouldn't automatically lead to a work permit being revoked. Try to speak to your employer to fix the error if possible, and ask the Migration Agency for advice.

Revealed: How many work permits Sweden has granted so far in 2018, and to whom

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WORK PERMITS

How you can get a faster decision from Sweden’s Migration Agency

If you've been waiting six months or more for a ruling from a Swedish agency there is something you can do to force the agency to take a decision. So is this worth doing in work permit, residency permit and citizenship cases?

How you can get a faster decision from Sweden's Migration Agency

If you’ve been waiting a long time for your decision to come through you can, by law, submit what is called a “request to conclude”.

What is a ‘request to conclude’? 

According to Sweden’s Administrative Procedure Act, which came into force in 2018, if an application you have made has not been decided “in the first instance” within six months at the latest, you can request in writing that the agency decide the case, using a process called a dröjsmålstalan, or “request for a case to be expedited”. 

The agency then has four weeks to either take a decision or reject the request to conclude in a separate decision. You can then appeal this rejection to the relevant court or administrative authority. 

You can only use the request to conclude mechanism once in each case. 

READ ALSO: Sweden’s government snubs Migration Agency request for six-month rule exemption

How do you apply for a ‘request to conclude’ a Migration Agency case? 

It’s very easy to fill in the form on the Migration Agency website, which only asks you to give your personal details, say whether your case concerns a work permit, residency permit, right of residency case, or ‘other’, and list any other people applying along with you. You then send the application by post to the Migration Agency address on the form. 

Does it work? 

A lot of people do seem to have success using the mechanism. The Migration Agency in section 9.1 of its annual report says that it is forced to to prioritise those who do this trick after a six month wait ahead of those who have spent longer in the queue. This is particularly the case for the ‘easy’ applications. 

More or less everyone, though, has their initial request to conclude refused, seemingly automatically without the request ever being seen by a case officer. 

Most them are then successful when they then appeal this refusal to the Migration court, with the Migration Agency stating on page 91 of its annual report that it lost 96 percent of such cases in 2021, 80 percent of such cases in 2022 and 77 percent of such cases in 2023.

As the Administrative Procedure Act states clearly that a decision should come within six months, the Migration Agency has in most cases a weak legal position.  

Once your request is rejected you only a short time to appeal, so it is important to act quickly, even if the agency fails to inform you that your request has been rejected. It you have heard nothing and the four weeks are up, it’s important to chase your request so you can appeal before the deadline expires. 

Even those who are rejected and don’t appeal sometimes get results, finding they are asked to submit their passport shortly afterwards. 

However, this is not always the case, so it is essential to go ahead with the appeal anyway, even if your passport is requested. 

What do people say? 

The mechanism appears to be particularly popular among British people, with one member of the Brits in Sweden Facebook page saying that “pretty much everyone has used it”, but it is also used by other groups, such as Indians in Sweden. 

One British woman said she had been informed about the rule by her case officer, and, although she was worried it might make a negative decision more likely, is glad she did so. 

“I used it as it was offered and I didn’t want to wait any longer. I thought there was nothing to lose and it didn’t cost anything, only a bit of time!” she said. 

She had her request for decision accepted, with the officer in four weeks getting back to her requesting that she send in two more forms, one documenting her relationship with an EU citizen, and another on her ability to support herself and pay for her accomodation

“It’s a shame they didn’t advertise it more widely and I didn’t hear about it before. as I could have got a decision earlier on my residency application and then could have applied for permanent residency much sooner,” she said. 

Another British woman said that she had decided to send in a request for a decision after she had been waiting for seven months for a decision on citizenship and her case officer told her to expect to wait as long as 36 months, despite being a simple case given that she had lived in Sweden lawfuly for five years, working throughout. 

“I knew of the request to conclude option and used it. They waited the full month before responding and rejecting it, as was expected. But the next day also assigned me a case officer and asked for my passport,” she remembers. “I believe they did this so I wouldn’t appeal their rejection and get the courts support for them to hurry up and process it.” 

Two months later, her citizenship was approved. 

An Indian man said he had used the mechanism no fewer than three times, firstly when extending a work permit, then when applying for permanent residency for a dependent, and thirdly, when applying for citizenship.

In the first case, he said, the request had been accepted on a first attempt and his work permit extension — for which he had been waiting for more than a year — was granted 28 days later.

The second request, which he made after discovering his dependent had no case officer after seven months, was rejected. They appealed, the court ruled in their favour and their case officer gave a positive decision a month later. 

Finally, in the citizenship case, the court ruled in his favour after the request was rejected, but 40 days later he is still waiting for a decision on the initial application.

Does sending in a request increase your chance of having an application rejected? 

Anecdotally, it doesn’t appear to. 

“It was a concern, yes,” the first British woman said, saying she had been told that sending in the form was “no reason to reject my application.” 

“But this is Sweden and in my opinion, even simple or clear-cut things can be a gamble,” she added. 

How does the mechanism affect handling times overall? 

While the request-to-conclude mechanism might help applicants in individual cases, the Migration Agency complains that it has been making the problem of long processing times worse by creating an addition set of processes case officers need to handle, and also by affecting the agency’s ability to prioritise. 

“The fact that many individuals request that their cases be decided is taking up a lot of resources and leading to processing times generally becoming longer, not least as many delay cases are appealed to the court,” Mikael Ribbenvik, the Migration Agency’s former Director General said when asking for the agency to be exempted from the system in April 2023. 

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