Employing asylum seekers
To be allowed to work, an asylum seeker needs to be exempt from the requirement to hold a work permit. If you are going to employ an asylum seeker, you must inform the Swedish Migration Agency. An asylum seeker who has had their application refused can, in certain circumstances, apply for a residence and work permit without leaving Sweden.
A person exempt from the requirement to hold a work permit (has AT-UND) has the right to work in Sweden without a work permit. You can see if an asylum seeker has AT-UND by looking at the Asylum Seeker card that all asylum seekers in Sweden have.
When you employ an asylum seeker, you must complete the form Notification of employment of an asylum seeker, form number 152011 (Swedish only). Send the form to the Migration Agency Reception Unit where the asylum seeker is registered. You must also inform the Migration Agency once their employment ends.
People who have had their application refused
If you have employed a person who has had their asylum application refused and the decision has entered into legal force, they may, in certain cases, apply for a residence and work permit in Sweden without needing to leave the country.
Requirements for obtaining a work permit
To obtain a work permit
- the application must have been received by the Migration Agency no later than two weeks (14 days) after the decision regarding the asylum application becomes valid (entered into legal force)
- the person has a valid passport
- the person is to have been your employee for at least four months and you must offer them a further 12 months of employment from the date the application is submitted
- the person must have been an asylum seeker and held an AT-UND during the employment period
- the employment conditions are at least on a par with Swedish collective agreements or that which is customary within the occupation or industry. In addition to a salary, the employment conditions also include insurance. These requirements also apply to the previous four months
- you offer employment in which the monthly salary is at least SEK 13,000 before tax. These requirements also apply to the previous four months
- the appropriate trade union has been given the opportunity to make a statement about the employment conditions.
If the requirements are not met
For the Migration Agency to be able to grant an application that has been submitted whilst the person is in Sweden, all of the above requirements must be met. In other cases, the person must leave Sweden and submit their application and wait for a decision in their home country or any other country where they have permission to live. Other rules then apply to employers. For more information see Employing people from countries outside the EU.
Create an offer of employment
Log in using e-identification to create an offer of employment. When you have started to create an offer of employment, you can log out at any time and log in again later to continue.
In the offer of employment you provide information about the company, the position and the person you intend to employ. You must specify the name, date of birth, citizenship, education and email address of the person you intend to employ and the SSYK code (according to SSYK2012) for the profession in question. SSYK codes can be found in the document below or on the Statistics Sweden (SCB) website.
It is important that you provide a valid email address for your intended employee as this will be the address through which he or she will subsequently apply for a work permit.
It is also important that you state the correct name and date of birth for the person you will employ. If these details are incorrect, then the person you will employ will not be able to complete their part of the application.
For a company with a subsidiary branch in Sweden, the branch is responsible for documenting the applicable terms of employment in the offer of employment, as well as providing further information to the Swedish Migration Agency where necessary.
Send the offer of employment to the relevant trade union
Once the offer of employment is complete, you save it to your computer. You then send the offer of employment and the form for the trade union statement to the trade union relevant for the work that your employee will carry out. They will then return the statement to you.
Regardless of whether the offer of employment is for a new recruitment or an extension of an existing position, the trade union must be given the opportunity to make a statement about the employment conditions.
When you receive the trade union statement, scan or photograph it. Then log in again and upload the statement. You can log in by clicking on the link “Create offer of employment” at the top of the page.
As agent for the employer
If you are the employer's agent you should include a power of attorney from the employer stating that you are authorised to represent the employer.
Complete the employer's part of the application
When you have attached all the documents, you finalise your part of the application. The person who is to work for you will receive an email with instructions on how to fill in their part of the application. Under "My offers of employment" you can see if the employee has begun their application and when it is submitted. You can log in by clicking on the link “Create offer of employment” at the top of the page.
Please note that your application has not been sent to the Migration Agency until the employee has completed their part of the application, paid the fee and sent in the application.
The Migration Agency processes the application
You and the intended employee will receive an email once the employee's application is received by the Swedish Migration Agency. The Migration Agency will contact you or the employee if it needs more information.
Before the Migration Agency can make a decision on your case, you must have provided all the information we have asked for and sent us all the necessary documents. The processing time will be shorter if you send us all the information we need when you first submit your application. Note that the Migration Agency may in some cases need to further examine the application even if you have included all the required information and documents.
As the employer you are notified by mail once a decision is made. If you want to know the reasons for the decision, you will need a power of attorney from the employee. If the employee is in Sweden, the decision will be sent by mail to the address they have stated.
If the person will continue working with you for a longer period than they have received a permit for, an application for an extension must be submitted. As the previous decision regarding a refusal of entry or expulsion continues to be valid for four years, or until the person receives a permanent residence permit, it is essential that the application for extension is submitted before the previous permit expires. If the application is received after the permit has expired, it will be considered in accordance with the rules concerning impediments to enforcement. In such a case, the requirements for obtaining a permit are completely different and are also stricter.
Important information regarding insurance
In order for an employee to receive a work permit, the employer must provide health insurance, life insurance, industrial injury insurance and occupational pension insurance for the employee when they begin working.
In order for an employee to extend their work permit, they must have been provided with health insurance, life insurance, industrial injury insurance and occupational pension insurance for the entire period in which they have had a work permit in Sweden.
To show that the insurance has been valid throughout the employment period, the document must state the start date of the policies and their terms and conditions.
Someone who has been in Sweden for less than one year does not have the same rights to social benefits as someone who is a resident of Sweden. For this reason, it is important that the person in question has been provided with insurance to cover any costs that may arise in the event of illness or an accident.
Notify the Swedish Tax Agency
When you employ someone from a non-EU country, you must notify the Swedish Tax Agency. This is done by completing the form “Notification – Employment of a foreigner SKV 1160” with the name, address and employment period of the person who will be working for you. The form can be found on the Swedish Tax Agency's website.
You must keep copies of any documents proving that the person has the right to stay and work in Sweden. These documents must be kept on file during the entire employment period and for 12 months after the employment has ended.
The Migration Agency's online services are designed to work with PC (Windows) and Mac (OS X) using up-to-date web browsers.
If you cannot create the offer of employment online
If you cannot create the offer of employment online, you will have to use the Offer of Employment form, number 232011. If the offer concerns several persons with the same work duties and terms of employment, you should also use the List of names form, number 234011 and attach it to the Offer of Employment form, number 232011. Send the form to the employee, who is to submit it together with their application for a residence permit.