Employing someone who has applied for asylum and has been granted a temporary residence permit
A person who has applied for asylum and received a temporary residence permit in Sweden can receive a permanent residence permit if he or she is able to support him-/herself. If you intend to employ someone who has a temporary residence permit, you need to report this to the Swedish Tax Agency, and the person needs to have begun his/her employment with you before his/her temporary permit has run out.
A person who has applied for asylum and has been granted a temporary residence permit has the right to work. This also applies to people who have a temporary residence permit due to extraordinary or distressing circumstances or impediments to enforcement.
As an employer, check whether the person has a valid permit before the person's employment begins. If the employee submits an application for extension before his/her previous permit has expired, he or she is entitled to continue working until the Swedish Migration Agency has made a decision on the extension.
Notifying the Swedish Tax Agency
When employing someone from a country outside the EU, you must notify the Tax Agency. You can do this by filling out a form with information on the name, address and period of employment of the person who will be working with you. You must notify the Swedish Tax Agency one month after the person’s employment has begun, at the latest.
You must keep copies of documents demonstrating that the person has the right to remain and work in Sweden. The documents must be kept on file throughout the time of the person’s employment and twelve months after the employment has ended.
You should use the form “Notification – Employment of a foreigner SKV 1160” to report the person’s employment to the Swedish Tax Agency.
Requirements for a continued permit
In order for the employee to receive a continued permit, it is required that
- the person has a temporary residence permit according to the temporary law
- the person is able to support him-/herself
- the terms of employment are at least in line with Swedish collective agreements, or with what is normal in the profession or industry in question. Besides wages, one’s terms of employment also include insurance
- the person has permanent employment, or an employment contract lasting at least two years
- you, the employer, have reported to the Swedish Tax Agency that the person is working with you
- the person can present a special license, ID or permit for practicing his/her profession, if the person’s profession requires this
- the person can demonstrate that he/she has completed high school or an equivalent foreign education level, if the person is under 25
- the person’s income is not based on employment that is subsidized by any form of government grant, e.g. an entry recruitment job.