After the decision has been made – If your potential employee is given a work permit
Here you will find information about which rules apply when you have employed a person who has a work permit.
A work permit is granted for a maximum of two years at a time, or for the duration of the employment in question. This means that even if the employment is for an indefinite period, the employee is granted a permit for two years at a time. If the person who is to work for you has received a shorter permit, this may be due to their passport expiring before the end of their employment. A permit shorter than two years may also be due to the Swedish Migration Agency's difficulty in determining how long the employment will last. This is, for example, the case if the work is building up operations in a newly founded company.
Swedish population register
In order for the employee to be registered in the Swedish population register, they must have a residence permit for at least one year. If the employment is for a shorter period than one year or if the employee's passport expires within one year, this may result in the employee or their family members not being able to be registered in the Swedish population register.
The Migration Agency cannot change decisions retroactively solely on the grounds that a person cannot registered in the Swedish population register. It is therefore important to ensure that the passport is valid throughout the entire period of employment.
Notify the Swedish Tax Agency
When you employ someone who is a citizen of a non-EU country, you have to notify the Swedish Tax Agency. You use a special form, SKV 1160, where you enter details of the name, address and period of employment of the person who is going to work for you. You can find the form on the Swedish Tax Agency's website.
You only need to inform the Swedish Tax Agency (Skatteverket) when you employ a person for the first time. With an application for an extension, you do not need to inform Skatteverket.
Save copies of documents showing that the person has the right to stay and work in Sweden. These documents have to be archived throughout the period of employment and for 12 months after the end of the employment.
If you employ someone who does not have the right to work
A person who, deliberately or on account of negligence, employs someone who does not have the right to stay or work in Sweden may have to pay a penalty charge or be sentenced to a fine or imprisonment. An employer can also be stripped of the right to some or all public support, grants or benefits and be liable to repay grants paid previously. The right to take part in public procurement may also be affected for a party who has employed someone who is not entitled to work in Sweden.
An employer that does not notify the Swedish Tax Agency of the employment of a person who is a citizen of a non-EU country can be sentenced to a fine or imprisonment.
It is important that, as an employer, you save the documents from the worker about their right to stay and work in Sweden. You may need to present them to prove that you have made the checks you are obliged to make as an employer.
The Swedish Migration Agency can exercise supervisory control
The Migration Agency can perform a supervisory control, which means control of the work permit conditions. During a supervisory control, the Migration Agency checks whether the employee has received the salary and the insurance cover that form the basis for the permit.
During the supervisory control, you as an employer should, at the request of the Migration Agency, provide information on payroll and employee insurance cover. The information must be provided solemnly.
If the Migration Agency, during the control, discovers that the terms of employment, which form the basis for the permit, have not been met, the agency starts a case of withdraw of the permit.
An employee, who chooses to change the employer while the Migration Agency investigates whether the work permit should be withdrawn, has four months to apply for a new work permit with the new employer.
If the person is going to keep working for you after the permit has expired they must apply for an extension to the permit. The person is entitled to keep working during the waiting period if the application is submitted before the previous permit expires. This also applies if the previous permit expires before the person has received a decision regarding their extension application.
When extending a work permit, you as employer must complete a new offer of employment about which the relevant trade union must make a statement, but you do not need to advertise the position again. When you have completed the offer of employment, the employee must apply for an extension to their work permit.
If your company operates in an industry that is subject to higher demands for oversight and investigation you must also enclose tax and income statements and payslips for each of the months that the employee have held a Swedish work permit.
Change of occupation
A work permit is always limited to a specific occupation. This means that if you offer a new position in another occupation you must complete a new offer of employment and the employee must apply for a new work permit. The employee may start working for you immediately after submitting the application, provided that they apply before the previous permit has expired.
Change of organisation registration number or change of ownership
The employee's work permit will cease to be valid if the company changes organisation registration number or if their employer, work duties or terms of employment change. You therefore need to complete a new offer of employment and the employee should then apply for a new work permit. The employee may begin working before the new work permit is granted, provided that they apply before their old permit expired.
Permanent residence permit
When a person has had a work permit and has worked for 48 months, the Migration Agency may grant them a permanent residence permit. A permanent residence permit also gives a person the right to work in any occupation in Sweden without any time limit.
If the employment is terminated
If you terminate the employment, the employee may stay in Sweden for three months while looking for new work. Otherwise, the Migration Agency may recall the work permit.
If the Migration Agency refuses the application
A decision concerning a work permit can be appealed against within three weeks. Information on how to do this can be found in the decision.