5 February 2018

New judgement from the Migration Court of Appeal regarding the advertising of jobs

The Migration Court of Appeal has recently decided a case which dealt with the advertising of jobs when applying for a work permit.

The judgement was issued on 24 January 2018 (MIG 2018:2).

One of the requirements for being able to obtain a work permit is that the job has been advertised within the EU /EEA and Switzerland. By advertising in the Swedish Public Employment Service job bank, advertisements also become visible in the European job bank EURES.

In the case concerned, the advertisement had not taken place via the Swedish Public Employment Service. The Court finds that it is not a proportional requirement that a job which may only be relevant to a limited group of people must be advertised through channels which target all people in the EU/EEA and Switzerland. When assessing which recruitment measures are required, it is necessary to take into account, for example, whether the job is specifically regulated, if the job has high demands for education or experience, or if, due to its particular nature, the job may only be relevant to a limited group of people.

Read this judgement (in Swedish only)external link, opens in new window