Employing someone who has or has had a temporary residence permit for studies at upper secondary level
A person who has a residence permit for studies at upper secondary level, or to look for work after completing studies, can apply for a permanent residence permit if he or she can financially support himself/herself within six months of completion of studies.
The rules for a permanent residence permit in accordance with the Swedish Upper Secondary School Act that came into force on 20 July 2021 are the same as those that applied for a permanent residence permit in accordance with the temporary law, but now only apply to persons whose residence permit is linked in some way to their studies at upper secondary level.
Requirements for permanent residence permits in accordance with the Swedish Upper Secondary School Act
For an employee to be granted a permanent residence permit, it is a requirement that
- the person has a temporary residence permit for studies at upper secondary level or to look for work after completion of studies at upper secondary level
- 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
- the employment is considered to be legitimate.
An application for a permanent residence permit must be submitted before the current permit expires, and the employment must have been started before the Swedish Migration Agency examines the application.
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.
For the Swedish Migration Agency to be able to grant a permanent residence permit, it is a requirement that the employment and the employer are considered to be legitimate. The Swedish Migration Agency may therefore examine the employer’s ability to pay the promised salary. An application may be refused, for example, if the employer has tax liabilities or debts with the Swedish Enforcement Authority. New business startups, companies in certain sectors and companies that have a high number of employees with work permits are examined particularly closely.
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.
Find the form and more information on the Tax Agency’s website External link, opens in new window.