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WORK PERMITS

Pay Limit Scheme: What to know about the changes to Denmark’s work permit programme

From April 1st, new rules relating to work and residence permits came into effect for the Pay Limit Scheme, a key pathway by which foreign professionals can be granted Danish work permits.

Pay Limit Scheme: What to know about the changes to Denmark’s work permit programme
Denmark has added a Supplementary Pay Limit Scheme to its existing work permit programme, allowing foreign recruitment on lower annual salaries. Photo by cetteup on Unsplash

The Danish parliament last month voted to ease some work permit requirements, in a move designed to make it easier for companies to hire internationally.

The bill eased rules on a number of work permit application schemes but a headline change is a permanent reduction of the minimum wage required under the Pay Limit Scheme (Beløbsordning).

The amendments to the Pay Limit Scheme, which came into force on April 1st, mean that non-EU citizens hired to work in Denmark will need to earn a minimum of only 375,000 kroner per year, down from 448,000 kroner under the old rules.

It should be noted that jobs given to non-EU citizens hired internationally are subject to international classifications ensuring that if the role being hired for was normally paid 425,000 kroner, for example, employers will still have to pay this level, and not the 375,000 kroner minimum.

READ ALSO: What are Denmark’s new residence permit rules for foreign students who have graduated?

Kevin Goggins, vice principal at Sankt Josef’s Roskilde International School, told The Local that the changes to the Pay Limit scheme would open up new employment opportunities for the school.

“There’s always a struggle to recruit good quality teachers, so this change means we can potentially expand our search for staff. We have never invited people from outside the EU to apply for jobs with us before, as it was just not worth the hassle but now we can look into it,” he said.

The new rules could benefit a broader target group of foreign professionals who see opportunities in Denmark.

The lower pay threshold “may be a game changer for the smaller companies hiring employees within industries with lower salary thresholds where the new hire has only a few years of experience”, Rikke Wolfsen, country manager Global Immigration practice with the Danish section of financial services company EY, told The Local in earlier comments about the lower salary thresholds. 

What are the rules and criteria?

The Supplementary Pay Limit Scheme (it is technically a separate programme rather than a revision of the existing one) can be applied for by third-country (non-EU) nationals that are offered an annual salary of at least 375,000 kroner by a Danish employer. Working hours must be at least 37 hours per week.

Unlike other types of work permit scheme, applicants do not need a specific educational background and the job does not need to be within a specific professional field.

As well as regular monthly salary, other salary components can count towards the 375,000 kroner minimum annual wage. These can include fixed supplements and bonuses which are guaranteed salary, contributions to labour market pension schemes and paid holiday allowance.

Supplements such as paid canteen use, free use of a car, a paid phone, or paid internet, living or housing expenses do not count towards the minimum salary.

The salary must be paid into a Danish bank account. This rule was retained despite criticism from business organisations, who have argued that bureaucracy means new foreign hires can sometimes go for months without a salary.

A bank account needs to be set up within 90 days of the residence permit being granted or the employee entering Denmark. But for a new arrival in Denmark to get a Danish bank account, they first need to get a residency permit, then a CPR number, a Danish address, access to the MitID digital identification service, and a health insurance card.

READ ALSO: Why Danish businesses want to scrap bank account work permit rule

There are also some requirements related to how the job has been advertised. For example, it must be posted on the Danish portal Jobnet and the EURES portal for at least 2 weeks prior to application. If the job is posted on other portals, this condition will not be met.

The employer must therefore declare that the job position has been posted on Jobnet and EURES for at least 2 weeks prior to applying. The Danish Agency for International Recruitment and Integration (SIRI), which processes the application, runs spot-checks to verify the declarations. 

The Supplementary Pay Limit Scheme can only be used when seasonally adjusted gross unemployment has not exceeded 3.75 percent on average in the three months prior to applying. Because Denmark is currently experiencing a labour shortage, this is not likely to happen in the imminent future, but it could eventually come into play.

These last two labour market-related conditions – the national unemployment level and a requirement to advertise the job on specified portals – distinguish the Supplementary Pay Limit Scheme from the regular Pay Limit Scheme, which still has a higher minimum salary of 465,000 kroner.

What happens if I have been granted a work permit under the scheme?

You can stay in Denmark for the period of time for which the permit is valid.

There are certain conditions attached to the work permit: You must not give up your Danish address or stay abroad for longer than 6 successive months, and the permit does not allow you to work in other Schengen countries, although you can stay in the Schengen area for up to 90 days within a 180-day period. 

The permit is linked specifically to your job. If you change job or lose your job you must inform SIRI and apply for a new permit. In the latter instance, you can apply for a six-month residence permit to look for a new job (if you were laid off through no fault of your own, for example your company decided to cut staff).

While your family members can be granted residence permits to join you in Denmark, they are not allowed to receive public welfare benefits.

You will be entitled to free Danish lessons but will have to pay a deposit – which you could lose if you don’t pass the modules within set timeframes.

A step-by-step guide to submitting an application for a Danish work permit under the Supplementary Pay Limit Scheme can be found on SIRI’s website.

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For members

WORKING IN DENMARK

EXPLAINED: The steps for starting a business in Denmark

Whether it's a small start-up or a much bigger venture, there are certain steps to bear in mind when starting a business in Denmark whether or not you're already a resident.

EXPLAINED: The steps for starting a business in Denmark

The process for starting a business in Denmark depends on whether you’re already a resident in Denmark, or if your business is connected to an application for a residence permit, either from the EU or outside it.

Starting a business as a Danish resident

If you already have a residence and work permit in Denmark, it is relatively straight forward to set up your own business.

Firstly, you must register your business online at the official business website virk.dk at least eight days before starting any business assignments. This then gives you a CVR number.

The Danish Tax Authority (SKAT) automatically receives the information from Virk to calculate your tax. You should enter expected business profits or losses in your preliminary income assessment.

You then set up a NemKonto linked to your CVR number. A NemKonto is a bank account assigned for money transfers from the public sector to your business, for example VAT. You can use an existing private NemKonto as your business NemKonto if needed.

When you have registered your business, you can find your business registration certificate by logging on to E-tax for businesses (TastSelv Erhverv) and selecting ’Profil’ and then ’Registreringsbevis’ (Registration certificate). If there are any changes to the business, you must register them at virk.dk.

There are lots of free guides available through the tax agency Skat and The Danish Business Authority, as well as accounting firms like Dania.

READ ALSO: EXPLAINED: What is Denmark’s B-tax and who has to pay it?

Applying for a residence permit through a business as an EU/EEA/Swiss citizen

As an EU/EEA or Swiss citizen, you can apply for a residence permit based on either being Self-employed or having Sufficient funds.

To have a residence permit based on being self-employed, you need to run or co-run a business that’s already established and registered in Denmark.

As part of the application, you need to submit the following documents:

  • Registration of the business with the Danish Business Authority.
  • Annual accounts for the business.
  • Receipts or another form of documentation for paid VAT.
  • Bank statements for your business accounts.
  • Invoices your business has sent or received.
  • Documentation of inventory.
  • Lease or other indication of where the business is to be operated from.
If you don’t meet this criteria, you can opt for a residence permit based on sufficient funds.
The amount of money you need to have in your bank account, is assessed on personal circumstances like age and children.
 
Applying for a residence permit through a business as a non-EU citizen or Danish citizen abroad

If you want to get a residence permit based on being self-employed as a non-EU citizen or Danish citizen abroad, you need to apply for the permit called ‘Start-Up Denmark.‘ Only 75 foreign nationals a year can be granted a permit based on this scheme (1st January to 31st December).

The scheme can be used by both individuals and teams of up to three people who – using a shared business plan – want to start or continue to run a business together in Denmark or conduct business through a Danish branch of a foreign self-employment.

There are a number of requirements to fulfil:

  1. You must be the full or partial owner of the company. This is assessed, by how much of the company you own, whether there are other co-owners, and what tasks each of you have.
  2. You must place an active part in running the business and can’t just be a shareholder.
  3. You must provide documentation that you have sufficient funds to cover your first year in Denmark, including family members. 

The are amounts required in 2024 are:

  • 147,912 kroner without any family.
  • 295,824 kroner with a spouse accompanying you to Denmark.
  • 344,496 kroner with a spouse plus one or more children.
  • 196,584 kroner if one or more children, but not your spouse, are accompanying you to Denmark.

4. Your business idea must be approved.

Business plan assessment

Your business idea must be approved by a panel of experts appointed by the Danish Business Authority, before you can even start the application for a Start-Up residence permit.

This involves submitting a business plan, pitch deck and video pitch. There is advice and guidelines for this on the Start Up Denmark website.

The panel of experts will score each business plan based on four criteria:

  1. Innovation of the business model.
  2. Attractiveness of the business to the market.
  3. Scalability of the business model.
  4. The competencies and resources of the team.

Each judge grades these areas from 1 to 5. An average of at least 3.5 in each criteria passes approval. 

Usually, applications are evaluated within three weeks of submission and once approved, you can submit the application for the ‘Start-Up Denmark residence permit, which can cover the whole family.

If the business idea is not approved, there is the option to appeal or re-submit with improvements.

The permit is granted for up to two years, with the possibility of extending to three years. You must apply for an extension before the permit expires. If your passport expires before the permit does, you have to renew your passport and then apply for a permit extension up to three months ahead.

You must also apply for a new permit if you start a new business or are offered a salaried job. If you wish to take a sideline job, you have to obtain a separate permit

Tax

It’s a good idea to be familiar with “B-skat” or self-submitted tax when you’re self-employed in Denmark.

B-tax (B-skat in Danish) is the tax payable on so-called B-earnings (B-indkomst). If you receive earnings of this type, you are responsible for declaring them and paying tax, as well as Denmark’s labour market contribution AM-bidrag, on this income.

This distinguishes B-tax from other forms of income tax, which are deducted before the pay goes into your account – which is normally the case for employed people.

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Articles in The Local are not meant to replace professional legal or tax advice. We recommend speaking to an appropriated professional in case of further questions.

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