New amendment to law concerning withdrawal of work permit
The Swedish Parliament has decided that the withdrawal of a residence and work permit may be overturned if the employer has corrected deficiencies in the terms of employment that would otherwise result in withdrawal.
The reason for the amendment to the law is that the employer may have made mistakes that do not necessarily require the permit to be withdrawn, particularly if they are corrected.
Examples of this are:
- the employer mistakenly believes that the correct insurance for the employee has been taken out
- the employer makes a mistake regarding the date of payment of the insurance premium
- the wage is too low owing to a system error by the employer when the wage is paid out
- the employer makes a mistake concerning the salary scale that is appropriate to ensure that the conditions for the work permit are met, or what terms and conditions apply to the industry
- the employee's legitimate absence is not recorded, which may indicate that the maintenance requirement is not satisfied.
However, the amendment to the law requires employers to correct these deficiencies themselves, that is, to take action before the Swedish Migration Agency discovers and identifies the deficiencies.
Withdrawing permits in cases where employers have corrected the deficiencies themselves can have serious consequences for individual cases. The legislator therefore wishes to enable the Swedish Migration Agency to refrain from withdrawing a residence and work permit in certain cases, even if the conditions are not met within the permit's period of validity.
The amendment to the law enters into force on December 1, 2017.